The company s seizure of the employment contract, the consequences of the company s seizure of the e

1. It is the company's obligation to pay labor remuneration on time. Labor remuneration includes wages, benefits, etc., and your birthday and holiday gifts belong to benefits, and it is illegal for the company not to issue them.

2. Article 81 of the Labor Contract Law If the text of the labor contract provided by the employer does not contain the necessary terms of the labor contract stipulated in this Law or the employer fails to deliver the text of the labor contract to the employee, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation. Therefore, you can file a complaint with the labor administration department and ask for the return of the copy of the employment contract. Since the employment contract was signed, it was not possible to sue for double compensation.

If the company's seizure of the labor contract is a violation of the provisions of the Labor Contract Law, the employee may apply to the labor dispute arbitration commission where the employer is located for labor arbitration and request the employer to provide him with a copy of the labor contract signed by both parties.

If the employer fails to deliver the text of the labor contract to the employee, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.

Labor Contract Law

Article 16 The labor contract shall be agreed upon by the employer and the worker through consultation, and shall be signed or sealed by the employer and the worker on the text of the labor contract.

The employer and the employee shall each hold one copy of the labor contract.

Article 81 Where the text of the labor contract provided by the employer does not specify the necessary terms of the labor contract as stipulated in this Law, or the employer fails to deliver the text of the labor contract to the employee, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.

Article 77 Where the lawful rights and interests of a worker are infringed upon, he or she has the right to request the relevant departments to handle the matter in accordance with law, or to apply for arbitration or file a lawsuit in accordance with law.

Hello: There is no basis for double compensation.

Legal analysis: If the seizure of the labor contract is illegal, you can negotiate with the company to return the labor contract, and if the negotiation fails, you can apply for labor arbitration to protect your rights.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

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. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Legal analysisIf the company violates and withholds the labor contract of the employee, the employee can request the company to provide a labor contract to the employee, but the company does not provide it, and the employee can report to the human resources and social security department where the company is located to apply for labor arbitration, and require the company to provide the labor contract, and the employee can immediately terminate the labor contract without prior notice to the employer, and require the payment of compensation and one month's salary for each year of work. The company is required to pay double the compensation for the termination of the labor contract in violation of regulations.

Legal basisArticle 81 of the Labor Contract Law of the People's Republic of China If the text of the labor contract provided by the employer does not contain the necessary terms of the labor contract stipulated in this Law or the employer fails to deliver the text of the labor contract to the employee, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.

Article 16 of the Labor Contract Law stipulates that an employment contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract. The employer and the employee shall each hold one copy of the labor contract.

Article 81 of the Labor Contract Law stipulates that "if the text of the labor contract provided by the employer does not contain the necessary terms of the labor contract stipulated in this Law, or the employer fails to deliver the text of the labor contract to the employee, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation. In this case, the employee can file a complaint with the labor inspection department and request the labor inspection to order the company to issue an employment contract. If the employer still insists on going its own way and refuses to make corrections, the labor inspection department may impose penalties on the employer in accordance with the regulations.

1. What are the circumstances under which a labor contract is invalid?

1. Labor contracts whose content violates laws and administrative regulations. If the probationary period is more than 6 months, no social insurance will be purchased.

2. The labor contract signed by the other party is forced to damage life, health, honor, reputation, property, etc. by means of coercion and taking advantage of the danger of others. If the labor contract is forced to be renewed after the expiration of the contract.

3. A contract that is concluded by fraudulent means and deliberately conceals the facts, so that the other party enters into a contract contrary to its true intentions. Such as false promises of good working conditions.

4. Conclude a labor contract with illegal procedures. If the two parties have not negotiated, or have not approved the adoption of a special working hour system, etc.

5. Violation of labor safety protection system. For example, it is agreed that the employee shall be responsible for work-related injuries and occupational diseases, and the employer shall be exempted from legal liability.

6. Labor contracts that collect various fees in violation of regulations. For example, it is mandatory to collect training fees, security deposits, collaterals, risk funds, stock funds, etc.

12. Labor contracts with obviously unfair rights and obligations. Such as setting non-compete conditions for free or non-payment, etc.

It is illegal for the employer to seize the labor contract. The labor contract signed between the worker and the employer shall be in duplicate, and each pirate shall be kept for its own sake; If the employer fails to deliver the text of the labor contract to the person who is in difficulty, the labor administrative department shall order him to change his mindfulness; If any damage is caused to the worker, he shall be liable for compensation.

It is illegal for the employer to seize the labor contract. The labor contract signed between the employee and the employer shall be kept in duplicate and shall be kept separately; If the employer fails to deliver the text of the labor contract to the employee, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.

Article 84 of the Labor Contract Law If an employer violates the provisions of this Law by seizing the employee's resident identity card and other documents, the labor administrative department shall order the employee to leave the office within a specified period of time and return the employee to the employee, and shall impose a penalty in accordance with the relevant laws and regulations. If an employer violates the provisions of this Law by collecting property from a worker in the name of guarantee or other means, the labor administrative department shall order the worker to return it within a specified period of time and impose a fine of not less than RMB 500 but not more than RMB 2,000 per person; If any damage is caused to the worker, he shall be liable for compensation. Where a worker dissolves or terminates a labor contract in accordance with law, and the employer seizes the worker's file or other items, it shall be punished in accordance with the provisions of the preceding paragraph.

Dressed as Ashiga.

The Labor Contract Law of the People's Republic of China stipulates that the written employment contract should be in duplicate, and then the company and the employee should each hold one copy. If the company takes away both labor contracts, the employee can directly ask the company for it, and if the company does not give it, he can go to the local labor administrative department to complain.

1. Is it illegal to press wages after signing a labor contract?

As an employer, this is permitted by law, and the labor law does not clearly stipulate that the employer cannot suppress the wages of employees, but only stipulates that labor remuneration must be paid. When signing the labor contract, if the company stipulates in the terms that it wants to reduce wages, you can negotiate with the company in person, the purpose of the negotiation is of course to request the company to pay the model worker reputation on time every month in accordance with the provisions of the legal system, if the company resolutely disagrees, in theory, the employee can resign, but the practice of pressing wages is very common in real life.

2. Should the employer seize the labor contract?

The Labor Contract Law of the People's Republic of China stipulates that the written labor contract should be in duplicate, and then the company and the employee should each hold one copy. If the company takes away both labor contracts, the employee can directly ask the company for it, and if the company does not give it, he can go to the local labor administrative department to complain.

3. The departing employee asks for a labor contract.

The departing employee can request an employment contract from the company. After the resignation of the employee, the labor relationship is terminated, the rights and obligations of both parties have been fulfilled, and the labor contract is no longer binding on both parties. According to the provisions of the Labor Contract Law, the employer and the employee shall sign the labor contract in duplicate, one copy for each unit and individual, and if the employer does not deliver the text of the labor contract to the employee, the employee may request it from the employer or file a complaint with the labor inspection department.

Article 16 of the Labor Contract Law of the People's Republic of China stipulates that a labor contract shall be agreed upon by the employer and the employee through consultation, and shall be signed or sealed by the employer and the employee on the text of the labor contract. The employer and the employee shall each hold one copy of the labor contract.