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If the company says so, it is infringing on your legitimate rights and interests, and you should be able to get your deposit back, (or the probationary period will be completed, or 7 days). If this is still the case, please find your local labor and social security department to assist you.
Don't do stupid things that are not good for you. Think more about how you can protect yourself.
You can't have the heart to hurt others, and you can't have the heart to prevent people!
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If you don't come back, forget it, just blame you for not choosing a good company when you find a job, and you don't discuss it with your parents when you find a job, so I pay the deposit, I'm also a fresh graduate, and I'm also interning in the company, and regular companies don't take deposits.
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1. The new labor contract law stipulates that the salary during the probation period shall not be lower than the average salary level of the same position in the company, and shall not be lower than the local minimum wage level.
2. Even if you write a voluntary waiver of social security, they are also illegal, because the payment of social security is the country's people-oriented policy guidelines, and the current regulations are mandatory, regardless of whether the employee is willing to pay, the unit must pay!
You can go to the labor arbitration or the labor inspection brigade to file a complaint. You'll get what you deserve, too!
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No matter what kind of work, there should be a salary during the probation period, which can be less but not in vain. The new labor law stipulates that employers are obliged to provide social security to employees, so why should you give it up? Even if you have already paid your own social security contributions elsewhere, they should be converted into cash and given a subsidy.
It's a very small unit, right? If a large company does not dare to do this, she will be fined once she is reported.
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It is illegal not to pay wages and can be complained about, but there must be evidence. Changing the contract without permission is illegal and invalid, and even if it is written that the unit is voluntarily abandoned, it must fulfill its legal obligations.
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Supplement: If there is no commitment at all, the unit must pay wages in accordance with the contract, which is a mandatory provision of the labor law and does not require the commitment of the other party. If the salary is not stipulated in the contract, then you need to show evidence to prove it, such as how much other employees have paid and how much you have paid, or use the payslip, or use the salary system of the unit, or find other colleagues to prove it for you.
In addition, you can resign at any time, and there is no limit to the probationary period.
You should file a complaint with the Labor Bureau, which should now be called the Labor and Social Security Bureau, or file an arbitration complaint with the Labor Arbitration Commission.
Specifically, you should file a complaint with the labor bureau of the district where your unit is located, or the labor arbitration commission where you are located for arbitration. In contrast, I personally think that arbitration can better protect your rights and interests, but the arbitration time is longer, if you complain to the labor bureau, if the labor bureau accepts and handles it, then your rights and interests can be protected in a shorter period of time, but if the labor bureau is passive and slack, you still have to apply to the arbitration commission for arbitration.
The behavior of the unit is illegal, and the contract can be terminated at any time during the probationary period, so the employer cannot deduct wages, and when you file an arbitration or complaint, you can also require the employer to pay 25% of the wages as economic compensation, which is the right of the worker under the labor law.
If you have any questions, please add them and good luck.
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Directorate of Personnel, Labor and Social Security.
Or go directly to the Labor Inspection Brigade to complain.
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During the probationary period, the company's employees can resign, and the company shall not delay or refuse to pay wages for any reason. In the event of any of the above, the resigned employee may file a complaint for labor arbitration with the local labor department where the company is located.
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Of course, according to the labor law, the company should sign a labor contract with an employee on the first day of employment, and since he hires you, he should pay you a day's salary if he does a day's work for him, and you just need to be a lawyer.
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Local labor department.
Call the local newspaper reporter as well!
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[According to Article 21 of the Labor Contract Law of the People's Republic of China, during the probationary period, the employer shall not terminate the labor contract unless the employee has the circumstances specified in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law.] If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.
Article 39 means that the employer does not need to notify the employee in advance of the immediate termination of the contract, does not give economic compensation, and is not subject to the prohibition on termination.
Paragraphs 1 and 2 of Article 40 refer to the conditions for the termination of the labor contract by the employer with additional obligations (consistent with the Labor Law).
Your situation: 1. What is the reason for the dismissal by the employer?
a. The employer must have clear employment conditions and relevant evidence of incompetence before it can be dismissed on the grounds that it is proved that it does not meet the employment conditions during the probationary period; b. If the employer adjusts a new position or undergoes training, and the employee is still incompetent (incompetence should be distinguished from disciplinary violations), the employee can be dismissed on the grounds that the employee is incompetent for the job, and is still incompetent after training or job adjustment.
2. You can report and complain to the local labor inspection department; However, I am afraid that you and the employer will have a dispute, and if there is a dispute, you should seek help from the labor dispute arbitration department.
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During the probationary period, if the company can terminate the contract after the normal assessment, you can go to the labor dispute arbitration and mediation committee in the local district; The same goes for the Labour Inspectorate.
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During the probationary period, the employer has the right to terminate the labor contract, and it is estimated that the complaint is of little use.
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National Human Resources and Social Security Advisory Service** 12333
It is possible to file a complaint through arbitration to help you get your wages back.
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Labor Inspection Brigade of the Social Security Administration.
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