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If the employer terminates the employment relationship with you (or dismisses or dismisses you) in three situations, which one of you should pay economic compensation or compensation but does not pay you, you can apply for labor arbitration within 1 year to protect your legitimate rights and interests
1. If the employer terminates the labor relationship with you without any reason and does not pay any economic compensation, you are not at fault as stipulated in Article 39 of the Labor Contract Law, and it can be determined that the employer's behavior is an illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and you should be paid 2 months of economic compensation for each year of work, 2n;
2. If the employer terminates the labor relationship with you in accordance with Article 19 of the Regulations for the Implementation of the Labor Contract Law, and meets the requirements of Article 46 of the Labor Contract Law, it shall pay you one month's severance for each year of work. If you do not give 1 month's notice in advance, you should also pay 1 month's salary in lieu of notice, n+1;
3. If you have the circumstances stipulated in Article 39 of the Labor Contract Law, and the employer terminates the labor relationship with you, it does not need to pay any economic compensation or notify you in advance; However, this requires the employer to provide evidence and notify you in writing to terminate the employment relationship.
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Summary. Hello.
Yes, after resigning, the employer should pay you a lump sum salary.
Article 50 of the Labor Law stipulates that wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
The enterprise must complete the procedures for the termination of the labor relationship and the transfer of social security within 15 days after the employee leaves the company. If it is not handled, the enterprise shall bear legal responsibility if it causes losses to employees.
Have a great day.
I make shoes in a factory, if I quit my job for a month, will my salary be counted together?
Hello, yes, after resignation, the employer should pay your wages in a lump sum Article 50 of the Labor Law: Wages shall be paid to the employee in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
The company must go through the certificate of termination of labor relations and the transfer of social security within 15 days after the employee leaves the company. If it is not handled, the company shall bear legal responsibility for the loss of employees. Have a great day.
After the resignation of our factory, it is paid every month before it hits your card, and I resign from our factory after it pays wages every month to hit our card, well, patience and so on.
What should I do if he doesn't give me more than two months of my salary a month after I quit my job?
If the other party is deducting wages, it is recommended that you can report to the police or. Feedback from the Labor Bureau.
But when he quit his job, he was paid this salary every time he was paid.
Wait patiently.
Finding the police and the labor bureau is only for the boss's sake, and it will take care of us workers.
You're thinking too much. The Labor Bureau protects the rights and interests of workers.
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Summary. Labor arbitration process: 1. Submit an application for arbitration.
When applying for labor dispute arbitration, the parties shall submit a written application for arbitration. The application for arbitration shall include the following contents: personal information such as the name, title, address and ID number of the claimant and the respondent; The facts of the dispute, the applicant's claims and reasons, etc.
2. The arbitration commission shall conduct the review. Upon receipt of the application, the arbitration commission shall examine and make a decision on whether to accept the application within seven days. 3. Arbitration.
In labor dispute cases, an award shall be made within 45 days from the date on which the labor dispute arbitration commission accepts the arbitration application. In addition, if the employee is not satisfied with the arbitral award, he may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. Where no prosecution is made at the expiration of the time limit, the ruling takes legal effect.
However, there are two types of arbitration cases that cannot be litigated: - small claims cases; The second is a case with clear standards.
The general worker of the shoe factory did 11 days, resigned today, the company only gave 70% of the salary, what to do, and it will be paid next month.
Kiss Hello I am glad to answer for you Li Xihao Shoe factory general worker did 11 days, resigned today, the company only buried 70% of the salary, which situation can apply for labor arbitration, oh kiss.
How! I'm in Lucheng District, Wenzhou.
Labor arbitration process: 1. Submit an application for arbitration. When applying for labor dispute arbitration, the parties shall submit a written application for arbitration.
The application for arbitration shall include the following contents: personal information such as the name, title, address and ID number of the claimant and the respondent; The facts of the dispute, the applicant's claims and reasons, etc. 2. The arbitration commission shall conduct the review.
Upon receipt of the application, the Arbitration Positive Deviation Committee shall examine and make a decision on whether to accept or not within seven days. 3. Arbitration. In the case of a labor dispute, a ruling shall be made within 45 days from the date on which the arbitration committee accepts the application for arbitration.
In addition, if the employee is not satisfied with the arbitral award, he may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. Where no prosecution is made at the expiration of the time limit, the ruling takes legal effect. However, there are two types of arbitration cases that cannot be litigated:
is a small claims case; The second is a case with clear standards.
If you don't understand it, you have to prepare materials to apply for arbitration at the arbitration commission.
Is it okay to go to the labor bureau to complain about the shoe factory.
The Labor Bureau is in charge of labor disputes.
The complaining company goes to the industrial and commercial bureau.
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1. The enterprise needs to compensate for the following situations in which the employee voluntarily resigns.
1. If the enterprise violates the labor contract between the two parties and causes harm to the employee, (for example, if the enterprise still does not handle the social security relationship for the employee one month after the employee joins the company, the employee has the right to resign and demand compensation from the enterprise).
2. If the enterprise and the employee reach a consensus through consultation, and the employee takes the initiative to resign, the enterprise should also argue and pay the compensation that should be paid.
3. Employees are not allowed to resign because of personal injuries (such as work-related injuries) caused in the process of working in the enterprise, and the company needs to pay compensation and related expenses.
2. If an employee resigns voluntarily, the enterprise does not need to pay compensation under the following circumstances.
1. If the enterprise is not legally negligent, and the individual employee resigns, the enterprise does not need to pay employee compensation.
2. When an employee reaches retirement age and the employee resigns, the company does not need to pay compensation.
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Calculation standard of severance payment:
The Labor Contract Law stipulates that severance shall be calculated and paid to the employee according to the standard of one month's salary for each full year of the employee's service in the employer. 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 as 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 for paying severance to him shall be three times the average monthly wage of the employee, and the maximum period for which severance shall be paid shall not exceed 12 years.
The term "monthly wage" here refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.
Severance Calculation Base:
The average monthly wage in the severance payment refers to the actual average monthly wage of the employee in the 12 months prior to the termination of the employment contract, not just the basic salary agreed in the employment contract. According to the Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China, "wages" refer to the labor remuneration paid directly by the employer to the employees in the form of money in accordance with the relevant provisions of the state or the provisions of the labor contract, generally including hourly wages, piecework wages, funds, allowances and subsidies, wages and remuneration for extended working hours, and wages paid under special circumstances.
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According to Article 30 of the Labor Contract Law, if an employer is in arrears or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
In accordance with the provisions of Article 82 of the Labor Contract Law, if a written labor contract has not been concluded with the employee for more than one month but less than one year from the date of employment and training, the employee shall be paid twice the monthly wage; In accordance with the provisions of Article 85 of the Labor Contract Law, the employer is required to pay you additional compensation according to the standard of 50% to 100% of the amount payable.
The easiest way is to file a complaint with the local labor law enforcement inspection brigade, who will supervise and inspect the employer in accordance with the "Labor Security Supervision Regulations" and order it to pay the arrears of wages.
No matter what kind of enterprise you are, the employment contract must be signed.
Article 21 of the Labor Law stipulates that "a probationary period may be stipulated in an employment contract, and the probationary period shall not exceed six months." "In order to achieve the purpose of reducing costs, some employers do not hesitate to take advantage of the gap between the probationary period and the salary gap after being regularized, and arbitrarily extend the probationary period when signing the contract. In order to prevent this phenomenon from occurring, the Ministry of Labor stipulates in Article 3 of the Notice on Several Issues Concerning the Implementation of the Labor Contract System:
If the term of the labor contract is less than 6 months, the probationary period shall not exceed 15 days; If the term of the labor contract is between 6 months and 1 year, the probationary period shall not exceed 30 days; If the term of the labor contract is between 1 and 2 years, the probationary period shall not exceed 60 days".
If you say so, if you don't have an employment contract, you can claim compensation from the company.
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Does this need to be asked? Are you saying it's legal? What's the proof of what you're doing there!??It's not that contract yet!
Look at what kind of chemical you are exposed to, if it is a neutral salt chemical, it will not harm the body; If it is a chemical with a high pH or radioactive chemicals, including toxic substances such as chlorine, phosphorus, and sulfur, it will cause harm to the body. Of course, it is not that some injuries will make people lose their fertility, depending on the degree of damage to the body, they should go to the hospital for examination and confirmation, and the hospital examination is the most scientific. The comments of netizens here are all references and are not conclusive. >>>More
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Yes, as long as you ask for leave first, and then go to the test.