Dispute over employment contract 10

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1. The unit seriously violates the law, and the Labor Contract Law stipulates that the labor contract shall be signed within one month of establishing the labor relationship;

2. Because the employer has violated the law first, you can resign at any time after you submit your resignation in writing, and ask the employer to pay you economic compensation, double wages (up to 11 months), overtime wages, etc.;

3. The unit has no right to seize your salary, deposit, year-end bonus, etc.

4. Collect some evidence that can prove that you have a labor relationship with this unit, such as tooling, work permits, work cards, salary cards, attendance records, social insurance payment records, colleague testimony, etc.

Legal basis. Labor Contract Law:

Article 10 A written labor contract shall be concluded for the establishment of labor relations.

If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

Labor Dispute Mediation and Arbitration Law:

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

First go to your local labor inspection and management department to complain, and then go to the labor dispute arbitration committee to apply for arbitration.

Your third contract is with Yulin Human Resources Company, so you can consider signing it again now.

Because your third contract has expired.

Legal analysis: The judgment of labor disputes shall clearly state: the basic information of the original defendant and its client, including name, gender, age, ethnicity, occupation, work unit and address, name and address of the unit, and the name and position of the legal representative (or person in charge) or ** person; the grounds for the prosecution, the facts and requirements in dispute; the facts ascertained in the judgment, the reasons for guessing the banquet and the applicable legal basis; the outcome of the judgment and the burden of costs; During the appeal and the court of appeal.

Once a civil judgment takes legal effect, Suiwang is legally binding.

Legal basis: Labor Law of the People's Republic of China Article 7 Xiangxin 17 In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law.

The principles of conciliation apply to both arbitration and litigation proceedings.

1. It is the best way for the parties to the negotiation contract to resolve disputes through mutual negotiation on an amicable basis. 2. If the parties to the mediation contract cannot reach a consensus through negotiation, they can request the relevant institutions to mediate, for example, if one or both parties are state-owned enterprises, they can request the higher authorities to mediate. The higher-level organ should distinguish between right and wrong and conduct mediation on an equal basis, and should not carry out administrative intervention.

The parties may also request the contract management authority, arbitration institution, court, etc. to conduct mediation. 3. If the parties to the arbitration contract fail to reach negotiation and are unwilling to mediate, they may apply to the arbitration institution for arbitration according to the arbitration clause stipulated in the contract or the arbitration agreement reached by the two parties after the dispute arises. 4. If there is no arbitration clause in the contract and no arbitration agreement is reached afterwards, the parties to the contract can sue the contract dispute to the court for judicial settlement.

In addition to the general characteristics mentioned above, some contracts also have their voluntary characteristics, such as foreign-related contract disputes, which may be resolved by invoking foreign law rather than the relevant Chinese law on contract law. Legal basis: Article 128 of the Contract Law of the People's Republic of China provides that the parties may resolve contract disputes through conciliation or mediation.

If the parties are unwilling to settle or mediate, or if the settlement or mediation fails, they may apply to the arbitration institution for arbitration in accordance with the arbitration agreement. The parties to a foreign-related contract may apply to a Chinese arbitration institution or other arbitration institution for arbitration in accordance with the arbitration agreement. If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may file a lawsuit with the people's court.

The parties shall perform legally effective judgments, arbitral awards, and mediation documents; Where performance is refused, the other party may request the people's court to enforce it.

There are a few points, just a few points:

1. If you want to continue to work in this unit, don't think about anything else, if you don't want to, hurry up and find other jobs, and stabilize the economy first.

2. If you want the company to propose to terminate the labor relationship, there are too many methods, such as you give the leader a slap in the face, or deliberately absent from work for a period of time, in this case, the company will definitely terminate the labor relationship, but whether it can achieve the legal effect you want has to be analyzed in detail, which is directly related to the legality of the company's rules and regulations and the lawyer's business ability.

3. In addition to the illegal termination of the labor contract by the employer, the employer has borne very high employment costs and risks, that is, even if the employer does not terminate the labor relationship illegally, you can still get a lot of economic compensation through legal means.

4. Labor dispute cases are generally not lost, but it is still strongly recommended that you accept them when you see them.

Hope it helps,

In the end, it's a matter of money.

One. Require the company to pay double wages for unsigned contracts. Article 82 of the Labor Contract Law If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

Second: require the company to pay social security and pay long-delayed wages.

Article 30 of the Labor Contract Law of the People's Republic of China.

The employer shall, in accordance with the provisions of the labor contract and state regulations, pay the labor remuneration to the employee in full and in a timely manner.

If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

Instead of filing a complaint, you should apply to the Labor Bureau for arbitration to demand that the company pay the unpaid wages and double the wages for not signing the contract.

1. If the worker works in the unit and must sign the "Labor Contract" within one month, and the company you work for has not signed a labor contract with you, then he needs to pay you double the salary from the date of work to the date of resignation.

2. The employer must pay social insurance for the employee, and if your company fails to pay social insurance for you, it violates the provisions of the Labor Contract Law, and you have the right to require them to pay it.

3. The labor law stipulates that the 8-hour working week shall not exceed 44 hours, and you can negotiate under special circumstances.

4. If you want to leave your job now, the materials you need to prepare include: tripartite agreement, salary certificate, sign-in certificate, and some basic information related to your work in the company (mainly to prove that there is an employment relationship between you).

5. Our law stipulates that labor arbitration is pre-emptive, and you need to go to the labor department to apply for labor arbitration first, and basically as long as the application is supported, because your company has too many illegal acts.

6. If the enterprise refuses to enforce the arbitration after the arbitration, it can go to the court to file a civil lawsuit in advance, and your situation will definitely be supported by the law.

1. Keep evidence before leaving office.

1. The original tripartite agreement

2. Work clothes, meal cards, manuals, overtime record sheets, leaflets that publicize the purchase of social security for employees after one year, etc.

3. Negotiate with relevant personnel of the company.

2. If the negotiation fails, complain to the supervision brigade of the local social security center.

3. Apply for labor arbitration.

1. Double wages without signing a labor contract.

2. Overtime wages, etc.

You can ask the other party to pay all kinds of insurance for you, and at the same time, you can ask for 11 months of double salary compensation and overtime pay, and you don't know the rest. It should be that there is no need to resign, and you can apply for arbitration directly to the labor, so that he can take the initiative to retire you, so that you can be compensated. Pay attention to collect evidence, such as how much salary you earn, proof of overtime, etc.

If you terminate your employment relationship on the grounds that your employer has not paid social security, you can claim severance for one month's severance for each year of work. Double wages without a labor contract are now time-barred and cannot be claimed. Ask your employer to make up your social security.

In this way, you will definitely get compensation equivalent to 2 months' salary. When the labor contract expires, unless the salary and position remain the same, and you want to resign, the company will pay you compensation. Now your approach:

Resolutely do not agree to the change of position, you can refuse to sign the new labor contract due to the change of position, and it is the company that is so anxious. If the labor contract has not been renewed for more than a month, the company will have to pay you double the monthly salary, and the company will be more passive at that time.

If the department manager does not admit to notifying you in advance and the contract will not be renewed after expiration, it is even easier to do it, and the company will also need to pay you one month's payment in lieu of notice, then you can get three months of compensation.

Recruitment: Talk to the company first, and you will tell them realistically, since you have been notified not to renew the contract with me, then now you have changed your mind, and the conditions are worse than the original contract conditions, and you want to change my position, and I am only interested in my current position, and I want to develop in the direction of my current position in the future. I understand that you think that I am not suitable, this is the right of the enterprise, but you should also pay me compensation in accordance with the laws of the country.

If the negotiation fails, then go to the labor bureau to apply for arbitration.

You can apply for labor arbitration free of charge to the labor dispute arbitration committee of the local county.

That notification email is the best proof of this. You can ask your employer to pay you two months' wages based on your two years of service.

Taking a step back, even if the employer withdraws the original notice of non-renewal and renews it, then it should be renewed in accordance with the original labor contract, and the job position and position should remain unchanged. It is illegal for an employer to unilaterally change an employment contract.

After the expiration of the labor contract, the contract can only be renewed by mutual agreement, and your boss cannot unilaterally notify you of the renewal. In addition, according to the new labor contract law, if the labor contract expires and the two parties do not renew the contract, the company should also give you one month's compensation. You can leave your job normally when it expires, and the company will not give you compensation, you can do labor arbitration!

I add a little bit.

That is, the employer does not give you severance payment, and according to Article 87 of the Labor Contract Law, it must pay you twice the severance payment.

Haha, it's worth your arbitration and you don't have to delay your new work unit.

The notice of the department manager is valid evidence of the exercise of duties, you first.

It is not possible to ask the company to resign and go through social security procedures.

File an application for labor arbitration, and the law will support you! The boss's transfer to another department is a change in the content of the labor contract, and you can also request to terminate the labor contract to get compensation.