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1. Proof of your identity, employment contract (all evidence of your employment for the company), and a statement of claim for arbitration.
2. Yes.
4. Generally, a time limit will be given, and the specific judge, you, and the company will discuss it.
5. It can be enforced, but the case is adjudicated, and after it takes effect, apply to the local grassroots court for compulsory enforcement.
6. As long as you can prove that you have worked in the company since October 07, then the company should pay you insurance, otherwise the company is illegal, the agreement is invalid, if you have a copy, it can also prove that you have worked in the company in 07, and the company did not pay you insurance.
7. There is a high probability that you will win in this situation, unless your local arbitration committee does not accept the case on social security.
8. Apply to Jimo Labor Arbitration Commission.
Don't rush to quit your job, you can get a month's salary compensation when you terminate it. If the company violates the regulations and violates your rights and interests, you can also claim 50-100% compensation. Moreover, if there is no fee for labor arbitration, there is no loss (except for attorney's fees) to sue for compensation
Negotiate with the company first, and if not, apply for arbitration.
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There are two types of labor arbitration, individual arbitration and collective arbitration. The materials you need to prepare to apply for arbitration include: ID card, labor contract, notice or certificate of termination of labor relationship by the company, salary history for the past 12 months, social security payment records, and credit network information of the company you work for.
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You can apply to the local social security bureau for labor arbitration and demand double wages. Keep the original evidence and submit a photocopy.
Labor Dispute Mediation and Arbitration Law.
Article 28 The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents.
The statement of claim for arbitration shall contain the following particulars:
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 principal responsible person;
2) the claim for arbitration 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.
Article 29 Within five days from the date of receipt of the arbitration application, if the labor dispute arbitration commission finds that the conditions for acceptance are met, it shall accept the application 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.
Labor Contract Law.
Article 7 An employer shall establish a labor relationship with a worker from the date of employment. The employer shall establish a roster of employees for future reference.
Article 10 A written labor contract shall be concluded for the establishment of labor relations.
If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.
Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.
If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.
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If a unit is in arrears of wages, it is illegal to require the unit to pay it in full. You can apply for labor arbitration at the labor arbitration commission where your employer is located with proof of work, such as work clothes, sign-in records, punch-in records, payroll receipts, audio and video recordings of negotiations with the employer, witness testimony, etc.
Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the worker himself in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
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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1. Both parties have confirmed the labor relationship from 2007 to 2010, and you can ask the company to pay the labor insurance during this period.
2. How to confirm that "there is actually no rest at all"? Is there any evidence? If the arbitration does not support it, you can sue you, but there must be conclusive evidence before the court can support your claim. So think twice.
3. Despite the company's prescribed actions or the so-called labor union consent, the employee representatives discuss and sign and publicize the employee attendance system. But the key is to see if the contract you sign is standard working hours, if it is standard working hours, you can apply for overtime pay in excess of eight hours per day. If you work irregular hours, you will not be paid overtime.
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What I want you to say is: the prescribed working hours are a whole night, and you can rest from midnight to dawn, and it seems that there are conflicting regulations here, containing mysteries, and it should be said that the requirements of the two stages should be different, the first time is strict, and the back is relaxed, and your working hours are still all night. It depends on whether the contract you signed is a standard working hour, and if it is a standard working hour, you can apply for overtime pay for more than eight hours per day, and do not ask for it from the company's regulations.
PS: Any company, you want overtime pay according to its regulations, no way.
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If the labor contract is terminated illegally, one month's salary may be required as compensation.
In addition, if you have not paid social insurance, you can go to the Social Security Bureau to complain and solve it through administrative means.
How wages and overtime pay are agreed in the contract.
If the unit does not issue me a notice of termination of the contract, saying that the probationary period will not be opened, it is unreasonable. Overtime is paid for working on Saturdays, depending on how your contract is agreed.
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Do not worry! The worker's application does not get much compensation!
It is enough to actively respond to the lawsuit.
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1. "If it is more than one year but less than three years, it cannot exceed 2 months" does not include one year, so your probationary period is indeed wrong It should be regarded as invalid as a whole The enterprise should pay full wages in accordance with the law.
2. In view of the fact that the contract period has been additionally confirmed for the contract period, the contract is valid and the employee is not entitled to double the salary.
3. Heating expenses and heatstroke prevention and cooling expenses.
Please, you said that it was the cost of the meal, of course, it doesn't count, both treatments should be paid, and it is illegal not to give it.
4. Overtime pay on statutory holidays and wages agreed in the contract
5. Judging from your third article, if some of your employees in your unit violate the law and propose dismissal under Article 38 on this ground, I am afraid that it will be unfavorable to you.
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1. Make up the difference between the salary of the probationary period and the salary of the regular employee, and it is not much money for one month.
2. If your employer's practice is inappropriate, you should sign the labor contract within 1 month. But the time on your written employment contract is legal. If the employee has no evidence, he or she will not be able to win double wages.
3 There are regulations on heatstroke prevention and cooling fees, and the standards vary from place to place. At least 10 yuan per day in Shanghai. Meal allowance is not a substitute for high temperature expenses.
4 Overtime pay should be based on his salary, not the minimum wage.
5 If he gives 30 days' written notice of resignation, the employer must agree. The employer does not have the right to refuse to resign. He did not resign, and he really should go to work in the unit, and if he does not come, he can be dealt with in accordance with the rules and regulations of the unit.
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1.The probation period of employee A should be 1 month, and the difference in salary after the regularization can be made up.
2.I don't know which region you belong to, here in Qingdao, we can not pay double wages in this case.
3.Of course not.
4.The calculation of the Qingdao court is based on the number of days (actual wages paid in the previous month - overtime pay) as the calculation base for the overtime pay of the current month.
The employee shall notify the company one month in advance of the resignation.
Labor laws and regulations are complex, and it is difficult to consult only to ensure thoroughness, so it is recommended that you should get the help of a lawyer for your personnel work.
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