If you have any questions about labor law, I hope that someone who really understands this aspect ca

Updated on society 2024-04-13
22 answers
  1. Anonymous users2024-02-07

    Your question should be analyzed in the following areas:

    1.According to Article 14 of the Regulations on Work-related Injury Insurance, your mother's situation may be treated as a work-related injury, but there is also uncertainty; However, from a procedural point of view, it should be noted that work-related injuries must be appraised by the labor department before they can be counted; Therefore, you should ask the employer to go to the appraisal, if the unit does not go, you can go to the labor department to apply for the appraisal. If it is identified as a work-related injury, then the corresponding lost time expenses and medical expenses are covered by work-related injury insurance; If the employer does not buy work-related injury insurance for you, then the employer will bear it.

    Since the whole process of applying for a work-related injury appraisal is very complex, it is best to have the guidance and help of a professional.

    2.Regarding the company's arrears of wages to your mother, this is a clear violation of labor laws, and you can ask the company for it; If it is not given, labor arbitration can be initiated; In addition, your mother can also resign on the grounds of arrears of wages from the employer, and ask the company to pay the arrears of wages and pay corresponding financial compensation.

    3.According to the laws of our country, if you work in high temperature (generally above 35 degrees), the unit shall pay the corresponding high temperature allowance; If you suffer from heat stroke, you can also apply for a work-related injury assessment.

  2. Anonymous users2024-02-06

    No, a work-related injury is an injury sustained while at work. It is an external factor. And your mother, what do you say?

    It's just sick, you know? If you sign a contract and don't work, it's your mom who broke the contract. Cancellation of the contract is subject to liquidated damages.

    If your mother is really unwell, you can go to the hospital to open a certificate and ask for a long vacation...

    Here's wishing your mom good health.

  3. Anonymous users2024-02-05

    There is no labor contract, and he has not been paid for 8 months after completion, and he is still a contract foreman.

  4. Anonymous users2024-02-04

    If you are tired from work and are in poor health, the key is that it is not good to prove that it is due to work-related reasons, and work-related injuries are not counted (occupational diseases are regarded as work-related injuries).

    You're talking about the medical period. The key also depends on whether there are local legal provisions. The medical treatment period is determined according to the employee's years of service with the employer, and the medical treatment period is at least 3 months and the maximum is not more than 24 months (this must be proved to prove that the medical treatment period is required for the actual medical condition).

    Under normal circumstances, the employer will pay the employee a living allowance of not less than 80% of the local minimum wage during the medical treatment period.

    It is illegal for an employer to deduct an employee's wages, and you can file a complaint with the local labor department for help.

  5. Anonymous users2024-02-03

    First of all, this is not a work-related injury. Secondly, the employee can terminate the labor contract as long as it is submitted one month in advance, and there is no need for liquidated damages. Wages should be calculated based on actual attendance, and one day is counted as one day.

    Units engaged in outdoor work above 35 degrees should pay a high temperature fee, which may vary slightly from place to place, such as 10 yuan a day in Shanghai.

  6. Anonymous users2024-02-02

    If it is not a work-related injury, if the company does not buy social security, your mother can terminate the labor relationship and then ask the company to settle all wages.

  7. Anonymous users2024-02-01

    According to Article 41 of the Labor Law, the employer shall negotiate with the employee to extend working hours (i.e., overtime). Since it is a negotiation, of course, there should be a consensus on overtime hours and overtime pay, otherwise it is forced labor.

    There are only four situations in which overtime work may not be refused: in the event of a natural disaster, accident or other reason, the safety and health of the people and the country's assets are seriously threatened and need to be dealt with urgently; Failure of production equipment, transportation lines, and public facilities, affecting production and public interests, must be repaired in a timely manner; It is necessary to use the suspension period of statutory holidays or public holidays to overhaul and maintain the equipment; In order to complete the emergency tasks of national defense, or to complete other emergency production tasks arranged by the superior in the state plan, as well as the urgent tasks of commercial and supply and marketing enterprises to complete the purchase, transportation, and processing of agricultural and sideline products in the peak season.

    In addition to these 4 situations, the employer requires employees to work overtime, and it must be negotiated with the employees. If the employer uses improper means to require employees to work overtime, the employees may refuse. Although the employee may not refuse to work overtime in the above four cases, the employer should still pay overtime wages, which must be paid in accordance with the standards stipulated in Article 44 of the Labor Law.

    If the labor remuneration or overtime wages are in arrears or deducted, it may be resolved in accordance with Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts and Article 85 of the Labor Contract Law.

    The calculation of overtime remuneration shall be carried out in accordance with the following provisions:

    1, "Country. Business. Article 3 of the Provisions of the Hospital on the Working Hours of Employees.

    2. Article 44 of the Labor Law of the People's Republic of China.

    3. Notice on the Average Monthly Working Hours and Wage Conversion of Employees throughout the Year.

  8. Anonymous users2024-01-31

    Both are satisfied at the same time.

    Hypothesis: 1. 8 hours a day, 5 days have been 40 hours, overtime can be arranged, but at least one day off.

    2. Work 5 hours a day, but 5 * 7 = 35, less than 40 hours, you must have one day off, that is, only 5 * 6, not 7 days.

    Of course, these are assumptions.

  9. Anonymous users2024-01-30

    How can there be a contradiction?

    The maximum working hours per week shall not exceed 40 hours, and the excess shall be paid at 200 per cent. Employees should be guaranteed at least one legal rest day per week.

    In fact, it means that there must be one day a week and no overtime can be arranged, and if you arrange to work more than 40 hours within this limit, the excess part must be paid 200 wages.

  10. Anonymous users2024-01-29

    Labor law refers to the working hours system, which is a standard, just like a bus running around for 2 hours, in fact, there is an error, but after all, there must be a standard. The first one you mentioned is a standard, and if you exceed it, you will be paid more wages. And the fact that overtime cannot exceed 36 hours per month and 3 hours per day is a restrictive regulation, and without such a regulation, the situation would be even more unimaginable.

  11. Anonymous users2024-01-28

    1. The signed or sealed labor contract shall be executed by both parties;

    2. Because the hotel has your application form for voluntary resignation, it is difficult to win the lawsuit;

    3. Overtime pay should be paid;

    4. It is recommended that you file a complaint with the local labor and social security department to recover your overtime pay.

  12. Anonymous users2024-01-27

    Is there a contract? The three-month probationary period is a three-year contract, and the three-month probationary period can be extended with the consent of both parties (there must be a written agreement) Generally speaking, we consider the six-month probationary period as an indefinite contract, and if you don't have these things, your boyfriend can file for double pay claims. Reason: The employer violated the Labor Contract Law

    Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months. The same employer and the same employee can only agree on a probationary period once. Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

    The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

    The longer you do this, the more you get, don't resign yourself, you can inform the employer in writing that you have violated the labor law, and use this as a reason to go directly to labor arbitration, and they will file a case for you.

  13. Anonymous users2024-01-26

    1. It is troublesome not to sign a labor contract, unless it can be proved that there is a de facto labor relationship;

    2. De facto labor relationship refers to the labor and employment relationship formed without a written contract or a valid written contract and the labor and employment relationship reached by oral agreement.

    3. How to determine whether a de facto employment relationship has been formed? If the employee finds that the employer has not signed an employment contract with him/her, he or she should pay attention to collecting the following evidence in case of emergency.

    1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums.

    2) The "work permit", "service certificate" and other documents issued by the employer to the worker that can prove the identity.

    3) Recruitment records such as the "registration form" and "registration form" of the employer filled in by the worker.

    4) Attendance records.

    5) Testimony of other workers, etc.

    4. Even if it is proved that there is a de facto labor relationship, the wages can be recovered through arbitration, but it is more difficult to get a commission of 2/1000 per set, and it is still up to you to see if you can prove that there is an agreement that "give them a commission of 2/1000 per set and the basic salary is 1200 per month".

  14. Anonymous users2024-01-25

    Two meanings: 1. Economic compensation is calculated from the implementation of the "Labor Contract Law" on January 1, 2008, and if there is economic compensation before, it will be handled in accordance with the provisions of the "Labor Contract Law" on January 1, 2008.

    If the enterprise or its competent department stipulates economic compensation, it shall be handled in accordance with the regulations.

  15. Anonymous users2024-01-24

    1.Collect evidence of the existence of an employment relationship between the two parties, such as clock-in records, work clothes, and signed contracts (if available, preferably copies).

    2.In the absence of an employment contract, the company may be required to pay double the salary for the period from one month after joining the company to the time of resignation, and the salary amount is calculated based on the previous average salary.

    3.Evidence of the wage structure can be adduced to each other, and if it is accepted that part of the wage calculation method is commission, it can be claimed.

    4.Due to the dismissal of the company, the company can be required to give half a month's salary as compensation.

    5.If you have not paid social security, you can ask the company to make up the payment.

    6.You can report it to the Social Security Bureau, and the company will be fined.

  16. Anonymous users2024-01-23

    SKN can claim compensation and commissions.

  17. Anonymous users2024-01-22

    Non-compliance with the Labor Law First of all, according to Article 26 of the Labor Contract Law, the invalidity of the labor contract:

    1. Using fraud, coercion or taking advantage of the danger of others to make the other party conclude or modify the labor contract contrary to the true intention;

    2. The employer exempts itself from statutory liability and excludes the rights of the employee;

    3. Violating the mandatory provisions of laws and administrative regulations

    Therefore, the labor supplementary agreement signed by you is invalid

    Your company's performance is not completely inconsistent with the unilateral termination of the labor contract by the employer, but should be compensated.

    Article 47 of the Labor Contract Law: Economic compensation shall be paid to the employee according to the number of years of service in the employer, and the standard of one month's salary for each full year shall be paid to the employee, and if it is more than six months but less than one year, it shall be calculated as one year; If it is less than six months, the employee shall be paid half a month's salary The monthly wage refers to the average salary of the employee in the 12 months prior to the termination or termination of the labor contract

    If your company dissolves or terminates the labor contract and fails to pay economic compensation in accordance with the regulations, and refuses to make corrections, it shall be ordered to make corrections and fined not less than 2,000 yuan but not more than 20,000 yuan if it refuses to make corrections.

  18. Anonymous users2024-01-21

    Comply with the provisions of labor laws.

    It is stipulated that a company must give one month's notice to terminate the employment relationship with an employee.

  19. Anonymous users2024-01-20

    The company can agree on the terms of terminating the labor contract in this way, but the company takes the initiative to terminate the labor contract with you one month in advance, and the employer should pay you severance for the number of years you have worked, otherwise you can sue the employer.

  20. Anonymous users2024-01-19

    Where any unit or individual agrees on a matter that violates laws and regulations, the agreement is invalid.

  21. Anonymous users2024-01-18

    Non-compliance with labor laws. Financial compensation may be claimed for termination of the employment contract.

  22. Anonymous users2024-01-17

    I don't know if the performance you're referring to is linked to your personal performance.

    If your performance is not completed, it means that your performance is not qualified, then your unit has the right to dismiss you on the grounds of incompetence, of course, it must be legal according to special procedures, only one month in advance is not enough, but also transfer or training.

    If your performance is not related to performance, then other evidence is required to prove that you are incompetent in order for the above to apply.

    In addition, if you are incompetent, you can get financial compensation.

    So, your agreement is not legitimate.

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