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Hello, if the boss is really in difficulty, then if the first half of the shift will be paid half a month's salary, it is understandable, and in this situation, if you still need to work over there, you should understand the boss.
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Half a month's salary has been paid on the grounds of difficulty, of course, the first half of the month's shift, no, because after all, it is an employee, you should be considerate of the boss, so that you can progress slowly, and you will be given more wages after the benefits are good, and you will share the joys and sorrows.
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Under normal circumstances, the boss should not reduce the legitimate income of the employee on the grounds of business difficulties. But if there is evidence that the business is in trouble, employees can understand what the boss is doing.
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Hello, this is understandable, usually the company's efficiency is not good, it is understandable, it is so, I hope it can help you!
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Yes, this boss is already a conscience boss.
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Well, if the boss pays half a month's salary on the grounds of business difficulties, and at the same time lets him go to work for half a month, there is no problem in general, but the premise is to communicate well with the employees, and at the same time, due to the epidemic, it has basically been recovered now, which is a bit reluctant.
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It should be possible that the boss adjusts the working hours and remuneration according to the production and sales conditions and business conditions, which is not illegal and illegal.
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Yes, but this half-month's salary should be in line with the local minimum wage, and if it is lower than the minimum wage, it is not legal.
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If you can't accept this situation, you can resign, which is also a helpless thing, so everyone has to take care of each other.
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This situation is not allowed, the boss can not easily delay the wages of the workers, if it is possible for a few days, the workers can forgive the arrears of wages for a long time, and must go to the local labor department to respond.
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If that's the case, there's no way, it should be okay, after all, it's okay to get half a month's salary for the first half of the month, I can only say that I have to be considerate of the boss, this is also good.
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It is okay to pay half a month's salary in the first half of the month, but all kinds of insurance must be paid normally and the salary must meet the minimum wage standard.
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First of all, if it is a business difficulty, it is true that it can be temporarily reduced, but it still has to be made up later. If he has not been paid for a month, then you have the right to ask him to pay his salary, and if he does not pay, then you can go to the labor office to sue him.
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Is it okay for the boss to pay 800 yuan for hundreds of classes on the grounds of business difficulties? The boss spends half a month's salary on the grounds of business difficulties, and the first half of the month and a half is okay.
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I don't think it's okay, because what we said at the time is what it is, everything else is external factors, it's okay for a month, but forever.
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There should be no problem, the first half of the shift pays half a month's salary, but you have to ask your employees to agree, but how to pay social security in this way.
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If it is really difficult, it is understandable, and if it is not true, you can report it to the labor department or resign.
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Now during the epidemic, many factories have resumed work, and it is very difficult for wages to be paid, which is completely understandable. Our unit has not paid the salary of the previous month this month.
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As long as the part of the salary that should be paid is paid, it is understandable that the boss has difficulty in operating and breaking up.
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The boss can't help it, it's difficult to operate now, and many companies do this.
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The boss has a class and a salary, and he is a conscientious boss.
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How reasonable is what the boss says! Who calls him the boss!
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Since the boss said that you will be paid half a month's salary, he also requires you to only work half a month's work.
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The boss pays half a month's salary for the first half of the month on the grounds of financial difficulties, which needs to be coordinated by you, and you can't do it if you don't agree.
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Temporary workers who have been in the employer for more than 10 years and are dismissed by the employer are required to be compensated according to the labor contract law, that is, one month's salary after one year of service.
According to Article 47 of the Labor Contract Law of the People's Republic of China, economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of 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.
If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year 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 of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.
Extended information: Article 85 of the Labor Contract Law of the People's Republic of China If an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable
1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;
2) Paying wages to workers at a rate lower than the local minimum wage standard;
3) arranging overtime work without paying overtime pay;
4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
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Article 40 reads as follows:
Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:
1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;
2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;
3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.
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This is reasonable, but the termination of the contract requires your consent, which is the third paragraph of Article 26 of the Labor Law, not the third paragraph of Article 40.
Article 26 of the Labor Law of the People's Republic of China [Advance Notice of Termination of Contract] Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance:
1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he is unable to perform his original job or work arranged by the employer;
2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;
3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract through consultation.
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Article 44 Termination of the labor contract.
The labor contract shall be terminated under any of the following circumstances: (1) the labor contract expires; (2) The worker begins to enjoy basic pension insurance benefits in accordance with the law; (3) The laborer dies, or is declared dead or missing by the people's court; (4) The employer has been declared bankrupt in accordance with law; (5) The employer's business license has been revoked, it has been ordered to close down, or it has been revoked, or the employer has decided to dissolve ahead of schedule; (6) Other circumstances provided for by laws and administrative regulations.
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That's right, but he's going to pay you compensation, otherwise you can sue him.
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Article 40 An employer shall arrange leave for its employees during the following holidays in accordance with law:
a) New Year's Day; 2) Spring Festival;
3) International Labor Day;
4) National Day;
5) Other holidays and holidays as provided for by laws and regulations.
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The claimant shall submit a written claim for arbitration and submit copies according to the number of respondents. The application should contain the statutory contents, including:
1. The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or the main person in charge;
2. The arbitration claim and the facts and reasons on which it is based;
3. Evidence and evidence**, names and addresses of witnesses. If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party.
Arbitration China** Network - Labor and Personnel Dispute Arbitration Rules Committee makes a decision on whether to accept the application within 5 days after receiving the application, and if it does not accept it or does not make any reply within 5 days, the applicant may file a lawsuit with the people's court. Where a decision is made to accept the application, a decision shall be made and sent to the applicant, and a copy of the application shall be sent to the respondent within 5 days of acceptance. The respondent shall submit a statement of defense within 10 days, but if it does not submit a statement of defense, it will not affect the arbitration of the case.
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1. Within one year from the date of damage to the rights and interests, the employee shall submit a labor arbitration application to the local labor arbitration commission; 2. The arbitration commission shall hear and reply to the applicant's arbitration application within five days; 3. The arbitral tribunal shall be composed of three arbitrators and make an arbitral award on the basis of ascertaining the facts.
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Labor arbitration does not charge any fees, and before the arbitration, you can mediate with the employer again, and then apply for labor arbitration if the mediation fails.
First of all, labor arbitration is not subject to any fees, before the arbitration, you can conduct another mediation with your enterprise at present, if the mediation fails, you can directly go to the labor arbitration authority to apply for arbitration, as for what procedures you said, Article 28 of the newly promulgated Labor Dispute Arbitration Law of China clearly stipulates that the applicant shall submit a written application for arbitration and submit a copy according to the number of respondents.
Labor Arbitration Process:
1. The application of the parties to the arbitration commission to handle the labor dispute case must have the application of the parties, otherwise, the arbitration commission has no right to arbitrate the case.
2. The parties applying to the arbitration commission must submit a written application, which shall clearly state: the name, occupation, address, work unit of the applicant, the name and address of the enterprise, and the name and position of the legal representative; the circumstances of the respondent; request for application and factual basis; Qualifications and authority of the delegator; Application date, etc.
3. Within five days after receiving the arbitration application, if the office of the arbitration commission finds that the conditions for acceptance are met, it shall accept the application and notify the applicant.
4. Within 7 days from the date of filing the case, an arbitration tribunal shall be formed in accordance with the provisions of the Organization Rules of the Labor Dispute Arbitration Commission, investigate and collect evidence, and formulate an arbitration plan.
5. Arbitration hearing. Notify both parties 5 days in advance, and notify both parties in writing of the date and place of **. Mediation should be carried out first, and if the mediation is successful, an arbitration statement shall be prepared, and if the mediation fails, arbitration shall be made in a timely manner.
6. **Award, announce the arbitral award, and prepare the arbitral award.
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Before applying for labor arbitration, the dispute must first be filed. When a party applies for arbitration of a labor dispute, it shall apply to the corresponding arbitration commission for arbitration in accordance with the provisions on hierarchical jurisdiction and territorial jurisdiction.
Hierarchical jurisdiction refers to the division of labor between different levels of labor dispute arbitration commissions to accept cases. Counties, cities and municipalities directly under the Central Government have generally set up labor dispute arbitration committees. Some provinces and autonomous regions have also set up labor dispute arbitration commissions.
At this stage, most labor dispute cases are accepted by the local county-level labor dispute arbitration commission, unless otherwise provided by laws, regulations and rules.
Territorial jurisdiction refers to the division of labor dispute arbitration commissions at the same level in different regions in accepting cases. If the employer and the employee in dispute are not in the same area under the jurisdiction of the arbitration commission, the arbitration commission shall accept the case at the place where the wage relationship between the employee and the employee is located (i.e., the place where the employer that pays wages to the employee is located).
Arbitration of general economic disputes requires both parties to reach an arbitration agreement in advance or afterwards before they can submit an arbitration application to an arbitration institution on this basis; The arbitration of labor disputes, on the other hand, does not require the parties to reach an arbitration agreement in advance or after the fact, and as long as one of the parties submits an application for labor arbitration, the relevant arbitration institution can accept it.
Then apply for arbitration within one year after the dispute occurs, submit the arbitration claim, the arbitration commission shall make a decision on whether to accept the claim within five days from the date of receipt of the claim, and the arbitral tribunal shall notify both parties in writing five days before the occurrence of the dispute, and then both parties shall formally**, after a series of legal processes such as clear request, defense, investigation of facts, presentation of evidence and cross-examination, debate, statement, mediation, etc., if the mediation fails, the arbitral tribunal shall make an award.
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Basically, it doesn't cost much to apply for a labor arbitration procedure:
A party applying to the BAC for arbitration must submit a written application, which shall clearly state: the applicant's name, occupation, address, etcWorkplaceThe name and address of the enterprise, and the name and position of the legal representative;the circumstances of the respondent; request for application and factual basis; Qualifications and authority of the delegator; Application date, etc.
Review and acceptance: After receiving the arbitration application, the office of the arbitration commission shall examine the following matters: whether the applicant has a direct interest in the case; whether the dispute applied for arbitration is a labor dispute; whether the labor dispute applied for arbitration falls within the scope of acceptance by the arbitration commission; whether the labor dispute falls under the jurisdiction of the Arbitration Commission; whether the application form and relevant materials are complete and meet the requirements; whether the time limit for applying for arbitration is in accordance with the statute of limitations. If the application materials are incomplete or the relevant circumstances are not clear, the applicant shall be informed to supplement it.
Within five days from the date of receipt of the arbitration application, if the labor dispute arbitration commission finds that it meets the conditions for acceptance, it shall accept it and notify the applicant; Where it is found that the requirements for acceptance are not met, the applicant shall be notified in writing not to accept the application and the reasons shall be explained. If the labor dispute arbitration commission does not accept the case or fails to make a decision within the time limit, the applicant may file a lawsuit with the people's court on the labor dispute matter.
The company has many employees who are relatives of the boss, and there are several such figures in various departments, and this structure does more harm than good to the development of the company. Especially in such a company, where most of the heads of departments are relatives of the boss, the power of the company does not seem to decline, but the start-up of the company will lead to a weakening of competitiveness and corporate vitality, and the enthusiasm and accountability of employees will be weakened, becoming a child soldier of a family-owned company, becoming a microcosm of a family-owned workshop, and the quality will also be piled up. >>>More
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