Labor DisputesLabor DisputesLabor DisputesLabor Disputes5

When a labor dispute occurs, it is not possible to sue directly, and it is necessary to apply for labor arbitration first.

Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

1. The salary during the probation period shall not be lower than the local minimum wage. 2. The dismissal of employees during the probation period requires the unit to prove that you do not meet the employment conditions, first of all, there is an agreement in the contract, and secondly, there is evidence to prove that you do not meet.

3. If the employer cannot provide evidence that you do not review the employment conditions, you can request compensation from the unit (illegal termination of the labor contract, double compensation, less than 6 months of work, compensation according to half a month's salary, double is 1 month's salary).

4. You can provide labor inspection complaints and reports with labor contracts, WeChat records (to prove the identity of the chatter), if there is a work card, company email, sign-in sheet, and attendance records, and call 12333 (human resources and social security**) for consultation.

5. You can apply for arbitration to the labor arbitration commission in the place where the company is registered with the above materials, and the dispute over the amount of the local minimum wage for less than 12 months will be final.

Legal Analysis: Labor disputes, also known as labor disputes, refer to disputes between the parties to labor relations arising from the implementation of labor laws and regulations and the performance of labor contracts, that is, disputes between workers and their employers over rights and obligations in labor relations.

Legal basis: Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes can be divided into the following categories:

1) Disputes arising from the confirmation of labor relations, (2) Disputes arising from the conclusion, performance, modification, dissolution and termination of labor contracts, (3) Disputes arising from removal, dismissal, resignation and resignation (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection, (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc., (6) Other labor disputes stipulated by laws and regulations.

1. The employer shall establish a labor relationship with the employee from the date of employment, and if the labor relationship has been established and has not signed a written labor contract at the same time, it shall conclude a written labor contract within one month from the date of employment. The probationary period is included in the term of the employment contract. Therefore, there is no formal contract at the end of the probationary period.

The term of the labor contract is 2 years, and it can only be agreed that the probationary period cannot exceed 2 months, and the 6-month probationary period is obviously illegal for the company to delay on the grounds that "the human resources manager has not returned from the overseas inspection".

I don't know which city you are, but according to Article 26 of the Beijing Municipal Regulations on Payment of Wages, if an employer is temporarily unable to pay wages on time due to production and business difficulties, it shall explain the situation to the workers, and after reaching a consensus with the trade union or employee representatives, the payment of wages may be postponed, but the maximum shall not exceed 30 days. For B, it has constituted an act of non-payment of wages.

2. According to Article 35 of the Beijing Municipal Regulations on Payment of Wages, the employer shall pay the wages due to the employee in full and pay the compensation of the wages owed25 at the same time. According to Article 38 of the Labor Contract Law, the labor contract can be terminated and the company may be required to pay economic compensation.

3. I am a lawyer, and I will help B claim economic compensation and 25% compensation for the termination of the labor contract due to wage arrears. I don't know which city you are in, and I don't know how your overtime pay is calculated, if it's Beijing: weekend overtime = salary

4. According to Article 38 of the Labor Contract Law, A may terminate the labor contract on the grounds that the company has not paid social security for it, and require the company to pay economic compensation and make up social security.

5. If the company has not paid social security to A on May 10, 2009, the company shall be responsible for all expenses for work-related injuries and the work-related injury benefits that A should enjoy in accordance with the provisions of the Regulations on Work-related Injury Insurance.

Labor disputes, also known as labor disputes, refer to disputes between the parties to labor relations arising from the implementation of labor laws and regulations and the performance of labor contracts, that is, disputes between workers and their employers over their rights and obligations in labor relations.

According to Article 2 of the Labor Dispute Mediation and Arbitration Law, it can be divided into the following categories:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

You are given social insurance and financial compensation is paid.

Since you have worked for the company for more than 10 consecutive years, you can ask for an indefinite employment contract. As for compensation, you should get financial compensation, individual insurance, etc.

Although you and the employer have not signed a labor contract, a de facto employment relationship has been formed between you, and the employer is at fault for not paying insurance for you. You can sue the employer to make up the pension procedures for you and pay the insurance premiums for those years. In addition, if you have been working for the employer for more than 10 years, if you ask the employer to sign an indefinite employment contract with you, the employer should sign an indefinite employment contract with you.

The insurance premiums will be a lot over the years, and it is recommended that you sue to settle it.