worked for 2 months and was fired by the boss due to fighting, how to get money from him.

The provision of deducting wages in fights does not comply with the provisions of Article 4 of the Labor Contract Law. It also violated the Supplementary Provisions on Issues Concerning the Interim Provisions on the Payment of Wages.

Looking at the "Interim Provisions on the Payment of Wages" and the "Supplementary Provisions on Issues Concerning the Interim Provisions on the Payment of Wages," there are clear definitions for arrears and deduction of wages. If labor remuneration or overtime wages are in arrears or deducted, it may be resolved in accordance with Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts or Article 85 of the Labor Contract Law. The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department.

If the employer verbally says that they will dismiss you, you should go to work on time without receiving a formal written notice (with an official seal) or ask the employer to give you a written notice. If you don't come because the employer says that you won't be able to go to work tomorrow, then the employer will say that no one has said that you won't 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.

There are three types of situations in which an employee is dismissed or terminated by an employer: first, if the employee falls under Article 39 of the Labor Contract Law, the employer does not need to notify the employee 30 days in advance and does not need to pay economic compensation; (2) to terminate the labor contract in accordance with the relevant provisions of the Labor Contract Law or the provisions of the labor contract, and in accordance with Article 46 of the Labor Contract Law, economic compensation shall be paid to the employee in accordance with Article 47; If the employer fails to notify the employee in writing 30 days in advance, it shall also pay the employee an additional month's salary in accordance with Article 40 of the Labor Contract Law. Third, if the employer terminates the labor contract in violation of the provisions of the Labor Contract Law and the provisions of the labor contract, the employer shall pay compensation to the employee in accordance with Article 1 of the Labor Contract Law, which is twice the economic compensation. For details of the scope of calculation of severance payments, please refer to Article 27 of the Regulations for the Implementation of the Labor Contract Law. The employer shall also provide the employee with a certificate of termination of the labor contract as stipulated in Article 1 of the Labor Contract Law, and the content of such certificate shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law.

Pay attention to keep the written notice and handover list of the employer requiring you to hand over to someone, which are important evidence that you handled the handover in accordance with the law when your rights and interests were infringed. If the employer does not issue a notice of handover to someone, it can be deemed that the handover is not necessary. For details of the time of payment of wages upon termination of the labor contract (or labor relationship), please refer to Article 9 of the Interim Provisions on Payment of Wages, and for details of Article 50 of the Labor Contract Law, the time of payment of severance is detailed.

If the payment is not made on time, it can be handled in accordance with Article 1 of the Measures for Economic Compensation for Breach and Termination of Labor Contract or Article 85 of the Labor Contract Law. The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department.

My Space has the legal provisions mentioned above, which you can check out.

If the negotiation fails, please refer to the following legal provisions to the company's local Human Resources and Social Security Bureau to complain.

Regulations for the Implementation of the Labor Contract Law of the People's Republic of China.

Article 6 Where 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, in accordance with the provisions of Article 82 of the Labor Contract Law, pay the employee twice the monthly salary and conclude a written labor contract with the employee; If the employee does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law.

The starting date for the employer to pay twice the monthly salary to the employee as provided for in the preceding paragraph is the day after the expiration of one month from the date of employment, and the deadline is the day before the written labor contract is supplemented.

1. Report to the Labor Bureau.

2. Apply for arbitration at the labor bureau where the employer is located (the provision of not paying wages in a fight is illegal and invalid).

Beat him up and you'll get rich.

Legal analysis: Being fired for fighting with someone in the company depends on whether the act of fighting seriously violates the company's rules and regulations, or whether it will be subject to criminal penalties. In case of serious violation of the company's rules and regulations and violation of criminal law, the company may not pay compensation.

Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China 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 the employee does not meet the employment requirements, (2) he seriously violates the rules and regulations of the employer, (3) he seriously neglects his duties, commits fraud for personal gain, and causes major damage to the employer, (4) the worker establishes labor relations with other employers at the same time, which seriously affects the completion of the work tasks of the employer, or refuses to make corrections after being issued by the employer, (5) the labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law, and (6) the labor contract is investigated for criminal responsibility in accordance with law.

Legal analysis: If you are fired for fighting, you can get the salary you deserve, but if you are terminated from the labor contract for violating the company's system and other reasons, there is no compensation. If the employer pays wages on this ground, it may report to the local labor inspection department.

Labor administrative departments at all levels have the right to supervise the payment of wages by employers.

Legal basis: Labor Contract Law of the People's Republic of China

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm 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 unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for 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 26 The following labor contracts are invalid or partially invalid: (1) by means of fraud, coercion or taking advantage of the danger of others, so that the other party concludes or modifies the labor contract contrary to its true intentions; (2) The employer exempts itself from statutory responsibilities and excludes the rights of workers; (3) Violating mandatory provisions of laws or administrative regulations. If there is a dispute over the invalidity or partial invalidity of the labor contract, it shall be confirmed by the labor dispute arbitration institution or the people's court.

Interim Provisions on Payment of Wages".

Article 18 The labor administrative departments at all levels shall have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the lawful rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation: (1) deducting or delaying the worker's wages without reason; (2) Refusal to pay wages for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard.

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

If you are fired for fighting, the employer will not pay financial compensation or compensation. If the fight is a serious violation of the rules and regulations of the employer, or the employer is investigated for criminal liability in accordance with the law, the employer may terminate the labor contract in accordance with the law.

Article 9 of the Interim Provisions on Payment of Wages When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination. Article 16 of the Interim Provisions on Payment of Wages provides that if an employee causes economic losses to the employer due to his or her own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for the loss of economic bank may be deducted from the employee's own salary.

However, the monthly deduction shall not exceed 20% of the employee's salary in the current month. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.

Legal Analysis: Even if you are fired for fighting, the worker can still get his or her own salary. 1. Wages are the consideration for the provision of labor, and it is not possible to receive the wages due to them because they are dismissed.

2. If the factory rules are not formulated to stipulate the dismissal after fighting, the factory will be illegal in deducting wages and terminating the labor contract (dismissal), and may apply for labor arbitration to correct the dismissal and pay back wages at the same time; If the rules of dismissal are made through democratic procedures, the dismissal is valid, but before the dismissal of the employee, the wages payable by the employee must be settled, otherwise, it will be regarded as arrears of wages.

Legal basis: Interim Provisions on Payment of Wages Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

If you are fired for fighting, you can get the salary you deserve, but if you are terminated from your labor contract for violating the company's system or other reasons, there is no compensation. If the employer pays wages on this ground, it may report to the local labor inspection department.

According to Article 39 of the Labor Contract Law of the People's Republic of China, 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 harm 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 unit, or refuses to make corrections after being proposed by the employer;

(5) The labor contract is invalid due to the circumstances provided for 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 26 of the Regulations on the Supervision of Labor and Social Security If an employer commits any of the following acts, the administrative department of labor and social security shall order the employee to pay the employee's wages and remuneration, the difference between the employee's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable

1) Deducting or defaulting on the wages and remuneration of workers without reason;

2) The wages paid to the workers are lower than the local minimum wage;

3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.

Fighting is a serious violation of the employer's labor discipline, and the employer can terminate the contract with you.

You will not get any compensation for fighting and terminating the contract.

Salary is your legal income, and the employer must pay your salary if you terminate the contract, otherwise it is an illegal act, and you have the right to complain to the labor department or file a lawsuit with the people's court.

As for receiving compensation, there are many kinds of laws and regulations, and you can refer to the Employment Contract Law for details.

If it is unreasonable and violates the rules and regulations of the unit, the employer can terminate the contract at any time without paying liquidated damages, but it does not say that it can not pay wages, unless it causes losses to the unit and needs to be compensated, and the employer uses your salary to deduct the compensation, which also needs to be negotiated.

If you are fired for violating the company policy, the company does not need to pay compensation.

Hello, as long as you provide labor, you should be paid, there is no dispute about this. But if you fight, whether it is criminal liability (sentencing), administrative liability (detention), civil liability (compensation) ......It's all up to you. If you are not happy, change jobs, there is no need to take risks, think twice!

Good luck!

It should be available, and it has nothing to do with work. There is a contract to claim.