Urgent!!! About labor law! Come to the god who understands labor law, ask for !!

Your idea is very correct, the labor law clearly stipulates that if an employer violates the regulations and forces an employee to extend working hours, the employee has the right to refuse.

The Labor Contract Law promulgated in 2007 clearly stipulates 11 situations in which an employee can unilaterally terminate an employment contract. Although your employer threatened you and said that you would quit you if you worked overtime. But after all, this is only a verbal threat.

However, with reference to Article 43 of the Labor Law, an employer cannot extend the working hours of an employee in violation of the Labor Law.

However, I consider that if such a defense is brought to the labor arbitration institution for arbitration, the convincing power is a bit low. But after all, the employer is at fault in this matter.

I hope you think for yourself).

This must be acknowledged.

If this is the case, you can unilaterally terminate the employment contract and ask the employer to pay you severance (if you don't know too much, you can search the 2007 Employment Contract Law online, which provides for compensation for termination of the employment contract due to the fault of the employer). ）

The Employment Contract Law stipulates that the payment of severance is calculated based on the time you have worked for the employer.

For each full year, the employer will pay you one month's salary.

And so on. But if it's less than 6 months, then you will be paid half a month's salary.

However, if your salary is more than 3 times the average salary in your area, the employer can only pay you compensation for a maximum of 12 months. (If that's what your salary is).

Hope mine is helpful to you!

You have to pay 150% of your salary for overtime, otherwise you have the right to refuse.

From your description, there is no obvious violation of the law, you have been working for 20 days, it should be in the probationary period, I don't know if there is a probationary contract, if there is no contract, the company is illegal. The company dissuades you from quitting and allows you to resign, which should be paid accordingly, and if the corresponding remuneration is not paid, it is also illegal. If the company has not signed a contract and has not paid the corresponding remuneration, and the negotiation cannot be resolved, you can file a complaint with the local labor department.

The labor law stipulates that the company has a period of use for new employees, and the company persuades you to leave the company, and you need to pay you the corresponding salary, otherwise the company violates the labor law.

This is certainly a black-hearted business.

I also encountered a situation like this last time, I interviewed a company, used it for a month, and I didn't sign a contract, and I didn't have a punch-in record.

On the seventh day, he said that I was not fit for the job. I said okay, then please settle the salary of these seven days, and he said that the seven days are the training period, and we train you, and there is no salary! I didn't explain this at all during the interview.

Then I called 12345 to report the situation, and the people from the labor center contacted the boss, but the boss said that he had not seen me!! It took me two days to go to arbitration and get my salary back.

From the perspective of labor law, there is no probationary period, as long as you go to work in other companies, you have been protected by all labor laws! If you don't understand, read what I've said three times! After that, thank you!

The company has the authority to transfer personnel and arrange work in its daily work.

Personally, I feel that the problem is mainly related to whether the duration of the probationary period has been agreed in advance. Twenty days is generally spent during the probationary period, which is the period of mutual inspection between the employer and the employee.

If the company dissuades the company from quitting, it can ask the employer to settle the labor remuneration. If the settlement is not made as agreed, you can file a complaint with the labor inspection department. If the probationary period is over and you have officially been hired, you can claim compensation for breach of contract.

It is illegal for the employer to not sign a contract, whether it is a representative or does not pay social insurance for the employee.

Companies are basically routine companies, which are to use free newcomers to use their labor resources to work for them, and in the end, they will all be cleaned up, so such companies are deceptive, in fact, they don't need to recruit people, if you can get evidence, you can go to the labor bureau to report them.

The company has been suspected of violating the law, do not sign the contract randomly. You can call the mayor of 12345 to complain, and they will ask the relevant labor protection unit to contact you to protect your legitimate rights and interests. During this period, evidence of the unit's crime was collected.

You can go to the labor inspection department to complain, pay attention to the collection of evidence, contract and chat evidence, salary, even if the probation period is even one day, you can ask for salary, if you are employed at the same time, you can find a few more to go with, there are many people.

You can report to the labor inspection department of the jurisdiction where you work (free of charge). You will be paid for 21 days. If necessary, labor arbitration may be applied.

In this case, the two parties did not sign the formal "Labor Contract" and the "Civil Code" on the 1st of the 12th, and they had to pay wages for one day, which was enough for Hulai Company not to dare to deduct any wages from the employees.

If the company discourages the employee from going to work, the company needs to pay salaries and compensation, and you can go to the labor inspection brigade to defend your rights.

If the employer does not sign a labor contract, the employee shall be paid double wages from the second month to the first year, and the labor contract shall be deemed to have been signed for an indefinite period after one year.

Keep evidence for arbitration, clock-in and clock-out records, employee badges, uniforms, and work sites. Feedback to the local labor bureau.

It is already illegal to not sign a contract and a probationary contract, if the salary has been paid during the working period. Then forget it, if it is not sent, you can complain to the labor department. In the future, pay attention to signing the contract before going to work.

It is not illegal, but you have to pay liquidated damages.

What you said: "If someone goes to work on the same day, they will only have a day off afterwards", and in your case, there is no overtime pay for working on statutory holidays three times?

If there is a payroll due for overtime, it is not illegal. If it's just a regular salary, it's not legal.

Article 43 of the Labor Law An employer shall not extend the working hours of an employee in violation of the provisions of this Law.

Article 44 In any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards:

1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wages shall be paid;

2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, a wage remuneration of not less than 200 percent of the wage shall be paid;

3) If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

For example, if an employee's monthly wage is 2,000 yuan, if the employer arranges for the employee to work overtime for one day during the statutory holidays of September 22 and October 1 to 3, the overtime salary is: 2,000 (yuan) days) 300% 1 day = yuan (three times the salary).

If the employer arranges for the employee to work overtime for one day on September 23 and 24 and October 4 to 7 without compensatory leave, the overtime salary is: 2000 (yuan) days) 200% 1 day = yuan (double salary).

According to Articles 14 and 44 of the Beijing Municipal Regulations on Payment of Wages, if an employer arranges an employee to work overtime on September 22, October 1, 2 and 3, it shall pay overtime wages at a rate not less than 300% of the daily or hourly wage base; If an employee is scheduled to work overtime on September 23 and 24 and October 4, 5, 6 and 7 on the rest days, he or she shall be given a compensatory rest of the same time, and if the compensatory rest cannot be arranged, the overtime wage shall be paid at a rate not less than 200% of the daily or hourly wage base. That is to say, employees who work overtime on statutory holidays should directly receive overtime pay, and the employer cannot offset overtime pay with backward leave or compensatory leave. ”

If there is any unclear, you can consult the local labor and social security department, and if your company has violated the law, it is recommended to negotiate with the person in charge of the company to deal with it first. If there is indeed a labor dispute that cannot be resolved through negotiation, then file a complaint with the local labor arbitration commission for resolution. (Generally speaking, the person in charge of the company is more disgusted with the employee who complains, which affects the smooth progress of future work).

Illegal statutory holidays must be paid three times the salary, and no compensatory leave is allowed.

Saturdays and Sundays are available.

Statutory holidays are not compensatory and 300% of the salary must be paid. However, if you take a day off, you will not be entitled to the treatment of a statutory holiday. Article 40 of the Labor Law An employer shall arrange leave for its employees during the following holidays in accordance with the law:

a) New Year's Day; (2) Spring Festival; (3) International Labor Day; (4) National Day; (5) Other holidays and holidays provided for by laws and regulations. Article 44 Under any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours according to the following standards: (1) if the employee is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150% of the wage; 2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, a wage remuneration of not less than 200 percent of the wage shall be paid; 3) If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

The latest national regulations:

The Mid-Autumn Festival and the National Day holiday are divided into two categories. One is a statutory holiday, that is, September 22 (the Mid-Autumn Festival is a statutory holiday on the 1st, 2nd, and 3rd days; The other type is a rest day, that is, September 23 and 24, and October 4, 5, 6, and 7, a total of 6 days are rest days.

According to the relevant regulations, if an employer arranges overtime work for employees on September 22, October 1, 2 and 3 statutory holidays, it shall pay overtime wages at a rate not less than 300% of the daily or hourly wage base.

If an employee is scheduled to work overtime on September 23 and 24 and October 4, 5, 6 and 7 on the rest days, he or she shall be arranged to take a compensatory rest of the same time, and if the compensatory rest cannot be arranged, the overtime wage shall be paid at a rate not less than 200% of the daily or hourly wage base.

Therefore, the calculation method of overtime pay during this year's long holiday is as follows: overtime pay on statutory holidays = 300% of the monthly wage base days, and overtime pay on rest days = 200% of the overtime days of the monthly wage base.

If the contract cannot be continued due to this change of circumstances, the unit may terminate the contract, but it needs to pay compensation.

According to the length of service of this relative in the company, one year's salary is worth one month, the part that is less than half a year is also worth one month, and the part less than half a year is half a month's salary.

Wages are calculated based on their average monthly earnings in the 12 months prior to the termination of the employment contract. If it is lower than the minimum wage, it can be requested to be calculated according to the minimum wage.

In addition, if your relative's salary is lower than the local minimum wage, he also has the right to pay the difference if his labor remuneration is lower than the local minimum wage; 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.make up the salary;

2.Economic compensation, the required compensation period shall not exceed 12 years.

3.Overtime wages, statutory holidays, ordinary holidays, ordinary overtime 4Social insurance.

The first is to make up the salary, according to the minimum wage standard; It is possible to claim severance and receive one month's salary for one year of service, up to a total of 12 months.

The labor contract is invalid, because the labor law stipulates that any labor contract signed by violence, fraud, or against the subjective intention of the other party is invalid or partially invalid.

The labor remuneration of employees is a legal income and is protected by law, so the labor behavior that has been generated should be given corresponding remuneration.

.About what you said 1China's labor law stipulates that the maximum probationary period of a three-year labor contract cannot exceed six years.

The first topic:

1. There are two violations: 1) The salary during the probation period is 1,200 yuan, which violates the wage regulations during the probation period, and the salary during the probation period shall not be less than 80 of the salary agreed in the labor contract; 2) The probationary period is 8 months, and the probationary period shall not exceed six months if the labor contract is violated for more than three years, fixed term and indefinite term.

2. The reason for termination is not established and does not meet the statutory reasons in Article 39 of the Labor Contract Law;

3. It needs to be calculated according to Beijing's policies and regulations;

4. It is necessary to be senior management personnel, senior technical personnel and persons with confidentiality obligations of the unit. Financial compensation is required. Not more than 2 years.