Regarding labor and personnel disputes, labor disputes and personnel disputes

1. Because the company has not paid social security to you, you can ask for financial 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.

2. You can go to the labor bureau where the company is located to report the fact of paying social security, and the labor bureau will handle it in accordance with the law. The arbitration commission does not deal with social security. 3. If the salary does not meet the local minimum standard, you can go to the labor bureau where the company is located to report or labor arbitration and ask to make up the difference.

If it is a voluntary resignation, there is no compensation, but you can ask for supplementary social security, in addition, for those who have not changed their job positions and job responsibilities, they can also ask the new company to continue to recognize the original working years.

Article 1 of the Interpretation IV of the Labor Law of the Supreme People's Court: If the labor and personnel dispute arbitration commission does not accept a labor dispute case on the grounds of lack of jurisdiction, and the parties file a lawsuit, the people's court shall handle it in accordance with the following circumstances:

1) If it is found that the labor and personnel dispute arbitration commission does not have jurisdiction over the case, it shall inform the parties to apply to the labor and personnel dispute arbitration commission with jurisdiction for arbitration;

2) If it is found that the labor and personnel dispute arbitration commission has jurisdiction after review, it shall notify the parties to apply for arbitration and notify the labor and personnel dispute arbitration commission in writing of the review opinion, but the labor and personnel dispute arbitration commission still does not accept it, and if the party files a lawsuit on the labor dispute matter, it shall accept it.

Social security can be required to be paid by the unit, and overtime pay can also be paid by the unit. But since you resigned, the severance payment is probably gone.

Settlement of labor disputes: 1. After the occurrence of a labor dispute, the parties shall first negotiate and settle it. If the parties reach a consensus through consultation, they may form a settlement agreement.

However, the settlement agreement is not enforceable and requires the parties to consciously perform it. Negotiation is not a necessary procedure for handling labor disputes, and if the parties fail to negotiate or are unwilling to negotiate, they may apply for mediation and arbitration in accordance with the law. 2. Mediation (1) Mediation Organization 1) Enterprise Committee 2) Grassroots People's Mediation Organization 3) Organizations with labor dispute mediation functions established in townships and streetsThe enterprise labor dispute mediation committee is composed of employee representatives and enterprise representatives.

2) Mediation AgreementThe mediation agreement shall be signed or sealed by both parties, and shall take effect after being signed by the mediator and stamped with the seal of the mediation organization, and shall be binding on both parties and shall be performed by the parties. (3) If one party fails to perform the mediation agreement, the other party may apply for arbitration in accordance with the law. If the employer fails to perform a mediation agreement within the agreed time limit due to labor remuneration, work-related injury medical expenses, economic compensation or compensation, the employee may apply to the court for a payment order with the mediation letter.

3. Arbitration 1) The limitation period for applying for labor arbitration is 1 year. Pay attention to the conditions for interruption (subjective cause) and suspension (objective cause). 2) Acceptance:

The application for arbitration shall be accepted within 5 days from the date of receipt. A copy of the Statement of Arbitration shall be served within 5 days after acceptance. Filing of a reply within 10 days.

3) Trial: If the applicant refuses to appear in court or leaves the court without justifiable reasons, the application shall be deemed to have been withdrawn; If the respondent refuses to appear in court or withdraws from the court without justifiable reasons, the judgment may be made in absentia. Where part of the facts is clear, a ruling may be made in advance on that part.

4) If the party to the enforcement is dissatisfied with the arbitral award, it may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. If the lawsuit is not filed within the time limit, the arbitral award shall take legal effect. If one party fails to perform, the other party may apply to the people's court for compulsory enforcement.

4. Litigation "If the parties to a labor dispute are dissatisfied with the arbitral award, they may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award". The above is the specific method of resolving the entire labor dispute, and if you have any other questions, please come to the website for legal consultation.

Article 83 of the Labor Law If a party to a labor dispute is dissatisfied with an arbitral award, it may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. If one party does not file a lawsuit within the statutory time limit and fails to perform the arbitral award, the other party may apply to the people's court for compulsory enforcement. Legal basis:

Article 12 of the Provisions on Negotiation and Mediation of Labor Disputes in Enterprises, in the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or reach a settlement agreement, and one party fails to perform the settlement agreement within the agreed time limit, it may apply for mediation to the Lizhen Mediation Committee or other lawfully established mediation organizations such as township and neighborhood labor and employment social security service offices (centers), or may apply to the Labor and Personnel Dispute Arbitration Commission (hereinafter referred to as the Arbitration and Arbitration Committee) for arbitration in accordance with the law.

Personnel can use the following methods to deal with labor disputes: intermediary negotiation and mediation; If the negotiation and mediation fail, it is recommended that the parties find a mediation organization to conduct mediation; It is recommended to find a labor dispute arbitration commission with jurisdiction to adjudicate; or suggest that the parties apply to the court in accordance with the law.

Legal basis:

Article 4 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.

In the event of a labor dispute, the employee may negotiate with the employer, or ask the labor union or a third party to negotiate with the employer to reach a settlement agreement.

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; Except as otherwise provided in this Law, a lawsuit may be filed in the people's court against the arbitral award.

Article 6. In the event of a labor dispute, the parties concerned have the responsibility to provide evidence for their own claims. If the evidence related to the disputed matter is in the possession and management of the employer, the employer shall provide it; If the employer does not provide it, it shall bear the adverse consequences.

When there is friction between the worker and the company, and the relationship between the two parties deteriorates, some people will use the term labor dispute, and some people will use the term labor dispute, and it seems that the content of both expressions is similar, but in fact they are different. So, what is the difference between a labor dispute and a labor dispute? For more information, please visit.

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

Article 2. This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations; This ruin.

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

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

4) Disputes over 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.