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1. You and your employer have formed a de facto labor relationship.
2. If the employer does not sign a labor contract with you next month, the employer will pay you double the salary.
3. If you quit your job, you can get compensation. The employer will compensate you for 12 months' severance payments.
According to Article 47 of the Labor Contract Law, severance shall be paid to the employee 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.
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.
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Although you have not signed a contract, as long as you have relevant evidence of maintaining an employment relationship with the factory (such as wage schedules, time cards, employee cards, etc.), you can claim that you have a "de facto employment relationship" with the factory when necessary, so that you can obtain the rights and interests of the due employees.
The labor relationship between you and the factory has been 13 years since 95, as long as the unit dismisses you, you can get the corresponding economic compensation (= the number of years of work, monthly wages) (of course, if you are dismissed because of serious violations of the rules and disciplines of the unit, serious dereliction of duty, serious malpractice and malpractice, causing major damage to the unit, and being investigated for criminal responsibility for crimes, then there will be no compensation).
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1. If you have worked continuously for more than ten years, you can request to sign an indefinite labor contract.
2. There is no severance for resignation.
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First of all, according to the relevant provisions of the Labor Contract Law, except for the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, if the fixed-term labor contract is terminated due to the expiration of the labor contract signed between the employer and the employee, the employer shall pay the employee compensation for the compensation.
Second, if an employer violates the provisions of this Law by seizing a worker's resident identity card and other documents, the labor administrative department shall order the worker to return it within a specified period of time and impose a penalty in accordance with the relevant laws.
To sum up, whether an employee can receive economic compensation depends on whether the employer renews the contract and whether the conditions of the labor contract are increased when renewing. As for the documents, they can be reported to the administrative department of Lao Liang's destruction.
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There is no basis for words, but words are evidence. Since the beginning of time. You didn't sell it because you went to the police, so you said that it was Ling Tease who coerced you to write a resignation application. Otherwise, you will resign voluntarily, and there will be no compensation problem.
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Is it necessary to stay in such a unit any longer? Regiments.
It's hard for you to prove that you were forced to sign a resignation application.
Let's see if there are any experts to guide you, Xiaosheng can have limited strength in the first limb.
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It should be possible to first reject a previously signed contract, and of course determine the nature of the violation based on the actual work content and benefits, so as to determine whether compensation or compensation will be awarded. The term of work and the time period are the original evidence of the length of service.
In the last labor contract, if the contract period from September 2010 to September 2013 has obviously not expired, and the employer terminates the contract without a suitable reason, it may pay compensation and fees according to the breach of contract.
For details, please consult your local labor administration or local trade union for assistance and solutions.
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It is recommended that you go to the labor bureau to find out that your company is obviously violating the provisions of the labor contract.
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1.If you entered the company from June 08, then by May 2011, if you have served for two years and less than three years, you should pay you three months' salary according to the average monthly salary of the last year before your resignation (of course, your average monthly salary is less than three times the average monthly income of the local people)!
2.The general provisions of annual leave should be as follows: if the employee fails to take normal leave during the annual leave, it shall be calculated according to the last month's salary of the year in which the annual leave is accrued as the basis of three times per day, and if the employee has worked for more than one year and less than ten years, it shall be five days of statutory annual leave per year.
3.The unpaid part of social security should be communicated by the company with the social security agency, or the corresponding economic compensation should be made with me, because social security is a blind spot in arbitration and the court!
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Compensation can be claimed.
It can be resolved through the labor arbitration department.
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The Labor Contract Law stipulates that if a fixed-term labor contract is terminated upon expiration, the employer shall pay economic compensation to the employee, unless the employer maintains or improves the conditions of the labor contract and the employee does not agree to renew the labor contract. According to this provision, the employer agrees to renew the employment contract and maintain or improve the terms and conditions of the employment contract.