Friends who are familiar with labor law will help answer. Thank! 5

In accordance with the law, only the calculation of wages in point 1 can actually be achieved for the income of labor.

Ways to Deal with Labor Disputes Disputes arising from differences in labor rights and obligations between the parties to a labor relationship are also known as labor disputes. Some of them belong to disputes over established rights, that is, disputes arising from the application of labor laws and the established content of labor contracts and collective contracts; Some of the disputes that arise in connection with the claim for new rights, such as disputes arising from the establishment or modification of working conditions. How labor disputes are handled.

Negotiate a settlement. Self-settlement through negotiation is the first way for both parties to choose to resolve the dispute. At the same time, it can be used at any time in the dispute resolution process.

The settlement is based on the willingness of both parties, and if the parties are unwilling to negotiate or cannot reach an agreement through consultation, the parties may choose other methods.

Corporate mediation. It refers to the way in which both parties can choose to apply for mediation to the enterprise labor dispute mediation committee. This kind of mediation implements the principle of voluntariness, which is embodied in two aspects: on the one hand, the mediation committee can only accept the case if both parties agree that the dispute will be handled by the enterprise labor dispute mediation committee; On the other hand, the parties can directly apply for arbitration without going through mediation.

In addition, since the mediation committee is mainly composed of representatives of enterprises and trade unions, it is not suitable for trade unions and enterprises to apply for mediation to the mediation committee in the event of a dispute over the performance of a collective contract, and the parties should directly apply for arbitration.

Request for Arbitration. If the two parties fail to reach an agreement after mediation by the enterprise mediation committee, one or both parties may appeal to the local labor dispute arbitration commission. The parties may also apply for arbitration directly without going through the enterprise mediation committee.

It should be noted that there is no legal basis for handling disputes arising from the signing of collective contracts, so such disputes are handled by the labor and social security administrative departments in coordination with relevant parties, and arbitration cannot be applied. In addition to such disputes, labor dispute arbitration is a mandatory procedure for other disputes. In other words, as long as one party applies for arbitration and meets the conditions for accepting the case, the arbitration commission will accept it. If a party wants to sue the court, it must first go through arbitration, otherwise the people's court will not accept it.

Filing a lawsuit. If a party is dissatisfied with the arbitral award, inadmissibility decision or notice of the labor dispute arbitration commission, it may file a lawsuit with the local basic people's court within the prescribed time limit. At present, the court hears labor dispute cases by the civil trial division in accordance with the civil litigation procedures, and the two-instance final adjudication system is implemented.

A court trial is the final procedure for dealing with labor disputes.

Your labor contract is signed by Shenzhen Company A, and if you want to work in the company, B will provide you with salary and social security in the following situations.

1. Company A negotiates with the employee, and transfers the employee's labor relationship to Company B with the consent of the employee;

2. If the employee refuses to transfer to Company B, if A is unable to operate, he can declare bankruptcy and compensate the employee for dismissal;

3. Company A is a labor dispatch company (with dispatch qualifications), which can dispatch employees who have labor relations with A to Company B, and Company A will negotiate who will pay wages and provide social security;

4. Company AB is merged, and the production tools are not changed, but Company A is renamed to Company B - the business license is changed.

I've thought about these points for the time being, and I don't rule out other possibilities;

You have to go to labor arbitration, and save the copy of A's business license, the labor contract between you and A, the salary flow, attendance, the company system, and the company's change notice (stamped official document notice, work group chat information, etc.) first, and it will be useful later!

If you work in this company, but the company does not apply for social security for you, but through another company, then this is a violation of the labor contract, and you can apply to the labor bureau for labor arbitration, asking the company to pay social security for you, or give you compensation.

Individuals pay social security.

How much does it cost for an individual to apply for social security?

First of all, you must clearly know the minimum and maximum payment base of local social security, and many companies generally pay social security to you according to the minimum payment base. In this way, they will give a lot less money, don't think that it is a good thing that you get more wages like this, and your pension treatment will be lower in the future.

The advantage of this method is that it is almost exactly the same as the "employee social insurance" mentioned above, and all five types of social insurance can be renewed.

But all the expenses have to be paid by yourself.

Pension insurance: 14% per unit; 8% for individuals

Medical insurance: 8% for units; 2% for individuals

Unemployment Insurance: Unit48%;Individual.

Maternity Insurance: Unit; Individuals do not need to pay.

Work-related injury insurance: unit4%;Individuals do not need to pay.

On top of that, you'll have to pay a ** fee.

If you are in a city, Resident Social Security is known as Urban Resident Social Security; If you are in a rural area, the resident social security is our common NCMS.

There are only two types of social insurance paid as an individual: endowment insurance and medical insurance, which must be handled at the social security bureau where your household registration is located.

For example, in Beijing's resident medical insurance, children pay 160 yuan per year, the elderly pay 360 yuan per year, and unemployed residents pay 660 yuan per year.

It is recommended that you consult your local social security bureau, after all, there are still differences in policies in different places, and local policies and regulations shall prevail.

1.The transfer of the social security relationship does not mean that the employment relationship is transferred accordingly. The transfer of the social security relationship does not mean that the employment relationship is terminated.

2.If the company does not propose to terminate the labor relationship, the place of work remains the same, the payroll remains the same, and you can continue to work.

Partners in labor disputes can grasp the existing evidence and negotiate with the company first, and the specific negotiation skills are as follows.

1. Prepare relevant evidence (such as pay slips, work documents, attendance sheets, witness testimony, etc.), and present part of the evidence when appropriate, so that the other party knows that you have the other party's handle in your hand. Don't present all the evidence, in case the other party makes a fuss about the evidence you are going to collect;

2. If you cannot negotiate with the employer, tell the employer that you will complain to the labor inspection brigade or apply for labor arbitration;

3. When the result of the negotiation is not much different from the expected effect, you can make a small concession when appropriate to protect your rights and interests as much as possible.

Letters and Visits Office. If the negotiation with the company fails, then the best and most common solution to this situation is to go to the corresponding petition office to complain

In my opinion, it is the termination of the labor contract relationship with Shenzhen Company A.

The employer does not have the right to transfer the relationship such as seniority to another company.

If you do not want to be transferred to Shenzhen Company B, it can be understood that Shenzhen Company A has terminated the employment contract with you, and you can claim double severance payment, that is, severance payment of two months' salary for each year of service.

This is not allowed, the company has violated the labor contract, the labor contract you signed has the company's address and company name and legal representative, one of the changes must be agreed with me to change the contract, otherwise it is a unilateral termination of the labor contract, the company violates the labor contract law, can be held responsible, go to the labor bureau for arbitration and reaction, you can consult a lawyer.

General labor disputes, if the unit in the factory is not very large, you can chat privately, if it involves a large scope, then you can go to the labor bureau to ask the leader to help solve it.

Let me tell you clearly, even if you go to court, people are sentenced to become a lai, and you don't have any assets in your name, and your money will not be returned, which is a normal phenomenon.

You can apply for labor arbitration, and the specific amount of compensation depends on the salary flow.

Generally speaking, labor dispatch companies rarely dismiss employees, and at most they will send you from one company to another, and the current legal constraints on labor dispatch are not bad. In the case of the above. It depends on how your contract was agreed at the time.

If the salary paid is less than the salary agreed in the contract, you can demand that the salary be paid according to the contract. For more than a year, it is no longer possible to pursue it.

1. If the employer has not signed a labor contract with you before December 31, 2011, you can claim double wages from the second month of employment (a certain date in July 2010) to one year. Legal basis: Article 82 of the Labor Contract Law.

2. If you do not pay social insurance, you can claim that the employer will pay the social security for you from the date of employment, and the legal basis is: Article 17 of the Labor Contract Law, Articles 4, 58 and 86 of the Social Insurance Law.

3. For the adjustment of positions, both parties shall negotiate and agree through negotiation and sign a supplementary agreement; You have already gone to work in the adjustment position, which can be regarded as your approval, but you should sign the agreement.

4. If the employer does not make up the salary, you can submit a written notice of termination of the labor contract to the employer on the grounds that the employer has violated Article 38 (2) of the Labor Contract Law and fails to pay the labor remuneration in full and in a timely manner, and you may leave immediately and claim to pay economic compensation in accordance with the Labor Contract Law.

5. The employer unilaterally terminates the labor contract under the following four circumstances:

1) If the employee has the circumstance of Article 39 of the Labor Contract Law, the employer will terminate the labor contract without economic compensation.

2) If the employer terminates the labor contract in accordance with Article 40 of the Labor Contract Law, it shall notify the employee in writing 30 days in advance or pay the employee one month's salary in lieu of notice, and pay economic compensation in accordance with Article 47 of the Labor Contract Law.

3) If the employer terminates the labor contract in accordance with Article 41 of the Labor Contract Law, the procedure must comply with the provisions of Article 41 and pay economic compensation in accordance with the provisions of Article 47 of the Labor Contract Law.

4) If the employer terminates the labor contract in violation of the Labor Contract Law, it shall pay compensation in accordance with Article 87 of the Labor Contract Law.

In this case, you can go to the local labor arbitration department to apply for labor arbitration.

First, the employer cannot withhold the employee's wages.

Second, overtime pay should be double the wage on weekdays, twice the pay for overtime on weekends, and triple wages for statutory holidays.

Thirdly, the working hours are 44 hours a week, and the specific provisions of the law:

Article 36 of the Labor Law The State implements a system of working hours in which the daily working hours of workers shall not exceed 8 hours and the average weekly working hours shall not exceed 44 hours.

Article 38 The employer shall ensure that the worker has at least one day off per week.

Article 41 Due to the needs of production and operation, an employer may, after consultation with the labor union and the workers, extend the working hours, which shall generally not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed 3 hours per day but shall not exceed 36 hours per month under the condition of ensuring the health of the worker.

Article 42: In any of the following circumstances, the extension of working hours is not subject to the restrictions provided for in Article 41 of this Law:

1) Natural disasters, accidents, or other reasons that threaten the life, health, or property safety of workers, and need to be dealt with urgently;

2) Production equipment, transportation lines, and public facilities fail, affecting production and public interests, and must be repaired in a timely manner;

3) Other circumstances provided for by laws and administrative regulations.

Article 43 An employer shall not extend the working hours of a worker in violation of the provisions of this Law.

Article 44 In any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards:

1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wages shall be paid;

2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, a wage remuneration of not less than 200 percent of the wage shall be paid;

3) If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

Article 45 The State implements a paid annual leave system.

Employees who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***.

1. The Labor Contract Law makes it mandatory to ensure that employees receive labor remuneration in full and in a timely manner: "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. It also stipulates that "if an employer defaults on or fails to pay labor remuneration in full, the worker 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."

2. Handling methods.

You can first file a complaint with the local labour inspection brigade (114 enquiries), which is within their scope of inspection. You only need to report it and urge it in time, and it will definitely be solved.

In this case, you can leave your job at any time and ask your boss to pay you the full salary.

In addition, overtime pay is obviously too low, and the boss can be required to pay the salary in full.

Since the amount involved is relatively small, you can first go to the local labor bureau to complain, and the labor bureau will deal with it.

If the labor bureau can coordinate the case, it is best not to apply for arbitration, because arbitration takes more time and energy.

Only when the Labor Bureau does not deal with it and the boss resolutely refuses to pay wages will it be considered to apply for arbitration.

In addition, you need to keep evidence of working at your supermarket, such as a badge and the like.