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If the employer arranges for the employee to work because there is no suitable position to arrange the employee's work, there is no uniform standard of wages or living expenses because the employee does not provide normal labor during the waiting period. However, if no wages or subsidies are paid during the waiting period, the company must have violated the law.
You may apply to a labor dispute arbitration institution for labor dispute arbitration, and the enterprise shall explain the reasons and legal basis for not paying any fees. If they apply for arbitration, they can claim that they will be granted benefits during the period of waiting for work in accordance with local policies.
In view of the fact that the employer has not fulfilled the employment contract as agreed, you have the right to request the termination of the employment contract on the grounds that the employer has not paid wages as agreed in the contract and infringed on your rights and interests.
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1. Article 50 of the Labor Law should be issued.
2. First look at whether there is an agreement in the labor contract signed by the unit and you, if there is no agreement, the law does not specifically stipulate, but it is generally issued according to the minimum wage standard.
3. You can terminate the contract on the basis of paragraph 2 of Article 38 of the Labor Contract Law: "The employer fails to pay the employee's wages in full and on time", and in this case, the employer shall also pay you severance payment.
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During the period when the company arranges to be on standby, there is no salary, but there is a subsidy. You can request the termination of the employment contract by negotiating with the company.
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It depends on what kind of labor contract you have signed with the employer, if you have signed a labor contract with the employer for a period of time to complete a certain work task, if you do not complete the task and resign, even if you are in breach of contract.
According to Article 15 of the Labor Contract Law, an employment contract with a term of completion of a certain task refers to an employment contract in which the employer and the employee agree that the completion of a certain work is the term of the contract.
The employer and the employee may conclude a labor contract with a term of completion of a certain work task if they reach an agreement through consultation.
However, a probationary period shall not be stipulated in an employment contract with a term for the completion of a certain work task.
If it is not such an employment contract, you may terminate the employment contract in accordance with the provisions of Articles 36 and 37 of the Employment Contract Law.
Article 36 An employer may terminate a labor contract if it reaches a consensus with a worker through consultation.
Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
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Termination of the labor contract is a right granted to the employee by Article 37 of the Labor Contract Law, and if you want to terminate the labor contract, you do not need to apply to the employer and the employer will approve it. The termination of the employment contract is your decision, and you only need to notify the employer in accordance with the law and prove that you have notified it in writing, then the procedure for terminating the employment contract is in accordance with the provisions of the Labor Contract Law, and you will not be liable for compensation as stipulated in Article 90 of the Labor Contract Law. If the employer falls under any of the circumstances described in Article 38 of the Employment Contract Law, you may also claim economic compensation in accordance with Article 46 of the Employment Contract Law.
After submitting the notice of termination of the labor contract, it does not matter whether it is approved or not, the key is to have someone sign for it as proof of the termination of the labor contract in accordance with the law, otherwise the bad unit will say that you have left the job voluntarily and have not submitted the resignation report, putting all the responsibility on you, and also finding an excuse for not paying your recent salary. If the employer does not pay your wages on the last day of work, you can apply to the local labor dispute arbitration commission for arbitration, and request the payment of wages and related economic compensation in accordance with the provisions of Article 85 of the Labor Contract Law.
1. I am .........If the employer infringes upon your legitimate rights and interests, it is better to state the reason so that it is convenient to present evidence later), decide to terminate the labor contract with the company, and work until a certain year, month and day at the latest;
2. Please notify the company in writing (the notice must have a company seal, otherwise it is invalid) I hand over the work with someone on a certain day, if I do not receive a valid written notice, I will be deemed that the company does not need to hand over in person, and I will not be liable for the inconvenience or loss caused to the company;
3. On the date of handover of work, please settle the salary and other related expenses stipulated in the Labor Contract Law in accordance with the provisions of Article 9 of the Interim Provisions on the Payment of Wages, and provide me with the certificate of termination of the labor contract stipulated in Article 50 of the Labor Contract Law, the content of which shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law, otherwise I reserve the right to apply for arbitration or litigation. If the company does not need to hand over in person, the above matters will be completed before a certain day (the last working day) of a certain year, a certain month, and a certain time (the end of work).
For details of the time of payment of wages upon termination of the labor contract, please refer to Article 9 of the Interim Provisions on Payment of Wages, and for details of the payment time of severance payments, please refer to Article 50 of the Labor Contract Law. If the payment is not made on time, additional compensation may be requested in accordance with the provisions of the Measures for Economic Compensation for Breach and Termination of Labor Contracts.
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You mentioned the term "establishment" in your question, and generally speaking, only ** public agencies or institutions have such a term in mind. I don't know what the nature of the unit you're in right now.
a) If it is a public agency or a public institution, then the treatment of these units in practice is different from that of a general company; In this case, it is not recommended that you leave directly, but it is more prudent to negotiate with the employer to terminate the labor relationship.
b) If your current company is a general company (how to tell?) Look at the business license), then the problem is not very big, because the employer did not sign a labor contract with you, which is a violation of the "Labor Contract Law"; Therefore, if you resign, it will generally not sue you for a refund of the training fee.
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The company pays for the training, but if you do not sign a training agreement, you can resign, and the company cannot ask you for the training fee and salary.
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The employer has not signed a labor contract with you, he has violated the labor law, he is not protected by the law, you can leave at any time, and demand to pay you double the salary.
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.
If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.
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If you don't sign any training agreement, you can just leave without compensation.
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Calculated from the time agreed in the contract.
About liquidated damages.
There are two situations in which you need to pay:
First, the service period of special training is agreed.
According to Article 22 of the Labor Contract Law of the People's Republic of China, if an employer provides a worker with special training expenses and provides him with professional and technical training, it may enter into an agreement with the worker to stipulate the service period.
If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training fees provided by the employer. The liquidated damages required by the employer shall not exceed the training expenses that should be apportioned for the unfulfilled part of the service period.
If the employer and the employee agree on the service period, it will not affect the increase of the employee's labor remuneration during the service period in accordance with the normal wage adjustment mechanism.
It can be seen that the conditions for the employer to require the employee to pay liquidated damages are: (1) the training provided by the employer is professional and technical training, that is, the training provided to improve specific skills, rather than the general skills training required for the position, such as pre-job training, etc., and (2) the service period is agreed with the employee; If these two conditions are met at the same time, if the employee resigns before the expiration of the service period, he or she needs to pay liquidated damages to the unit, and the specific amount is calculated as the training fee paid by the unit for you.
Clause. 2. Non-compete compensation.
According to Article 23 of the Labor Contract Law of the People's Republic of China, the employer and the employee may agree in the employment contract to keep the employer's trade secrets and confidential matters related to intellectual property rights. For employees who are obliged to maintain confidentiality, the employer may stipulate a non-compete clause with the employee in the employment contract or confidentiality agreement, and stipulate that after the termination or termination of the labor contract, the employee will be compensated monthly during the non-compete period. If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.
As a basic condition for the non-compete agreement to take effect, the enterprise must make economic compensation for the employee's non-compete behavior, and the amount of compensation and the method of payment must be specified in the non-compete agreement at the same time, otherwise the agreement will be invalid.
If the employer and the employee agree for too long, beyond a reasonable period of time, or fail to pay the corresponding compensation, the employee may not be required to perform this obligation. Otherwise, the employee shall abide by the contract and shall not engage in relevant work for a certain period of time.
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From the date of occurrence of the employment relationship, it is generally not required.
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If the labor relationship is terminated, half a month's salary shall be paid, and if the labor relationship is terminated, half a month's salary shall be paid, and if there is no one month's notice, another month's salary shall be paid as wages in lieu of notice.
Compensation refers to the fact that the unsigned labor contract, which includes the total salary, bonuses and commissions, is a de facto employment relationship and is not regarded as a formal employment contract, but an indefinite labor contract is formed one year after the occurrence of the de facto employment relationship.
It is illegal to not pay social security and should be paid, but often only the current year's can be paid, and the previous one cannot be made up, it depends on the negotiation between the two parties.
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1 No compensation is required, and there is no answer to the follow-up question The reason is that there is no employment relationship between the employee and the employer!!
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1. Depending on how long the probationary period of the labor contract is signed, the Labor Contract Law stipulates that if the employer fails to sign a labor contract with the employee for more than one month, it shall pay double the salary and sign the labor contract from the second month;
2. Compensation salary refers to the total monthly income.
3. If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.
4. Yes, yes.
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If you look at the labor law, you can see it all.
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Not an expert, but it is illegal not to sign a labor contract for several years.
You can appeal to a labor dispute arbitration institution and apply for severance compensation.
Severance shall be paid to the worker according to the number of years of service in the employer 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 second labor law stipulates that the distribution of wages shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented.
You can prove that you work the same as someone else's, but the pay is different.
If the employer verbally says that it will dismiss you, and you go to work on time before receiving a formal written notice (with the official seal), if you do not come because the employer verbally says that you will not be able to go to work tomorrow, then the employer will say that no one has said that you will not be allowed to go to work, and that you have been absent from work for a few days, and you will be treated as a voluntary resignation. >>>More
During the performance of the labor contract, the employee may terminate the contract and resign in accordance with Articles 36, 37 and 38 of the Labor Contract Law. >>>More
Legal analysis: When an employee signs a labor contract with an employer, the employer shall not agree on other liquidated damages with the employee except for the non-compete clause or training agreement. If the employee breaches the contract, he or she shall pay the corresponding liquidated damages in accordance with the law. >>>More
OK. According to Article 72 of the Labor Law, social insurance shall determine the funds according to the type of insurance, and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law. >>>More
According to 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. >>>More