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First of all, have you seriously violated the company's management system and caused him losses? Article 39 The employer may terminate the labor contract if the employee falls under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
2) Seriously violating the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;
4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;
5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
6) Those who have been pursued for criminal responsibility in accordance with law.
Article 87 of the Labor Contract Law stipulates that if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.
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.
If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.
The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.
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It can be reported to the labor inspection department, and labor arbitration can also be initiated. You can go to the ** in my username to take a look, there are many lawyers in it who offer free** consultations, I hope it can help you.
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Yes, you go to the labor office right away, find the local TV station, explain the matter to them, and ask them to help you.
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Call ** first and ask the boss what's going on?? If the boss doesn't want to give it, go to the labor bureau to complain.
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Illegal. In addition to the possibility of applying for labor arbitration, a company may commit a crime if certain conditions are met. "Whoever evades the payment of laborers' labor remuneration by means such as transferring property, escaping, etc., or has the ability to pay but does not pay laborers' labor remuneration, and the amount is relatively large, and the payment is still not made after being ordered to do so by the relevant departments, shall be sentenced to up to three years imprisonment or short-term detention and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.
Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other personnel directly responsible for the interception are to be punished in accordance with the provisions of the preceding paragraph. On the basis of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Refusal of Li Hengfang to Refuse to Pay Labor Remuneration", combined with the actual situation of our province's economic and social development, the criteria for determining the "relatively large amount" for the crime of refusing to pay labor remuneration in our province are as follows: 1. Refusal to pay a worker's labor remuneration for more than three months and the amount is more than 10,000 yuan; 2. Refusal to pay the labor remuneration of 10 or more workers and the cumulative amount is 60,000 yuan or more.
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If the negotiation fails, the worker can file a complaint with the local labor inspection department, apply to the local labor dispute arbitration commission for arbitration, and file a lawsuit with the people's court.
1. What should I do if I don't pay my salary for 10 days of work?
In the case of arrears of wages by the employer, the employee should first negotiate with the employer, and if the negotiation cannot be resolved, the employee can solve the problem through the following legal channels: 1. Complain and report to the local labor and social security supervision agency. 2. To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application should be submitted to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute.
3. Resolve through litigation. That is, if the worker is not satisfied after labor arbitration, he or she may file a lawsuit with the court; If the labor arbitration award takes effect, the employee who does not enforce it by the employer may apply to the court for compulsory enforcement. 4. If there is an IOU, apply directly to the court for a payment order.
If the employer issues an IOU for wages to the employee or reaches a payment agreement and fails to perform the payment obligation as agreed, the employee may directly apply to the people's court for a payment order.
2. Someone owes me wages and no IOU, what should I do?
In the case of wage arrears by the employer, the worker should first negotiate with the employer who used the potato block, and if the negotiation cannot be resolved, the employee can solve the problem through the following legal channels: (1) complain and report to the local labor and social security supervision agency; 2. To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application should be submitted to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute. 3. Resolve through litigation. This is divided into three cases:
First, for labor dispute cases, if either party is dissatisfied after labor arbitration, it may file a lawsuit with the court; Second, if the employer does not enforce the labor arbitration award after the labor arbitration award takes effect, the employee may apply to the court for compulsory enforcement; Third, those who belong to the category of labor arrears can directly file a civil lawsuit with the court.
3. What should I do if I am transferred in disguise.
The following methods can be used to transfer the job in disguise: 1. Negotiate with the employer to transfer back to the original post; 2. Apply for mediation. If the employer has a labor dispute mediation committee, you can apply for mediation; 3. Complain to the local labor and social security supervision department; 4. To apply for arbitration, you can apply to the local labor dispute arbitration commission for arbitration; 5. File a lawsuit with the people's court.
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If the negotiation with the employer fails, the employee can go to the labor inspection department to report the situation, or apply to the labor arbitration commission to protect his rights and interests.
Article 30 of the Labor Contract Law [Labor Remuneration] The employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract and the provisions of the state.
The materials that need to be prepared for labor arbitration are:
1. Proof of labor relationship, such as: labor contract, brand, employment registration form, etc.;
2. Proof of resignation time, such as: notice of termination of labor, resignation order, etc.;
3. The amount of wages and the proof of unpaid, such as: salary slips, salary bank card flows, attendance records, etc.
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Legal analysisSubmit a written application to the Labor Dispute Arbitration Commission. It is necessary to fill in the statement of claim in duplicate according to the arbitration commission, and attach a copy of the labor contract, ID card and relevant evidentiary materials. Within 7 days from the date on which the parties submit the statement of claim that meets the requirements, the BAC will make a decision on acceptance or non-acceptance, and notify the parties within 7 days from the date of the decision.
If the two parties reach an agreement, the arbitral tribunal will prepare a mediation statement based on the content of the agreement, and the mediation document will take legal effect on both parties from the date of service. In addition to applying for labor arbitration, you can also file a complaint with the local labor inspection brigade. If the complaint is fruitless, a lawsuit may also be filed with the court.
Legal basisLabor Law of the People's Republic of China Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
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The employee may apply for labor arbitration to demand the employer to pay compensation for illegal dismissal and unpaid wages.
How to Apply for Labor Arbitration:
1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when you set up the answer; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).
2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the worker is not satisfied with the ruling, he can sue the employee to the court;
3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.
Article 48 of the Labor Contract Law of the People's Republic of China.
If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.
Article 87.
If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.
Article 9 of the Interim Regulations on the Payment of Wages.
When both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or leniency termination of the labor contract.
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File a complaint with the labor inspectorate or apply for arbitration of a labor dispute.
Interim Provisions on Payment of Wages issued by the Ministry of Labor
Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with law, the employer shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract.
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According to the regulations, the boss shall settle the wages within three working days after the employee completes the handover procedures, and if not, he can complain to the labor department.
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