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If it's a trial period, 3 days in advance is fine.
If you are a regular employee, you need to advance 30 days in advance.
At the same time, because the contract has not been signed, you can ask him to pay double salary compensation, and if the employer does not agree, collect evidence such as salary cards and attendance sheets and apply to the labor arbitration department for arbitration.
To the question of supplementation: There is no such statement. It is his obligation as a unit to pay insurance for you, and it is also his obligation to sign a written contract with you.
The term "contract to be signed with you" in the Labor Contract Law refers to a "written contract". If you just talk about ordinary contracts, even if he doesn't pay you insurance, you only need to work for him, and you will be considered to have a de facto contractual relationship. Therefore the statement of the unit is false.
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According to the regulations, you need to apply one month in advance. If you don't sign a contract, you can claim double wages.
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OK! 30 days in advance notice is sufficient!
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Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
Article 38 An employee may terminate a labor contract under any of the following circumstances:
1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;
2) Failure to pay labor remuneration in full and in a timely manner;
3) Failure to pay social insurance premiums for workers in accordance with the law;
4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;
5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.
If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.
According to the above provisions, the employee should notify the employer in writing 30 days in advance of the resignation, but the employer has not signed an employment contract with you, you can claim double wages, social security and economic compensation.
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Without an employment contract, you can resign at any time. At the same time, it advocates double wages and supplementary contributions to social insurance and housing provident fund.
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The Labor Law was enacted in accordance with the broad provisions of the Constitution concerning the basic rights and duties of workers; The main purpose is to protect the legitimate rights and interests of workers, and at the same time, it also takes into account the reciprocity of the rights and obligations of both workers and employers, so as to ensure the autonomy of workers in choosing jobs and the autonomy of employers in employment. The Labor Law stipulates that trade unions may, on behalf of their employees, conclude collective contracts with enterprises on matters such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, etc., on the basis of equal consultation. For the first time, the Labor Law has clarified the system of working hours and leave in the form of a basic law, and this basic right of workers as stipulated in the Constitution has been concretely recognized.
At the same time, the law establishes a system of minimum wage guarantees and lays down the basic principles for the payment of wages. In addition, the law also clarifies that the state determines the classification of occupations, formulates vocational skill standards, implements a vocational qualification certification system, and implements vocational skills assessment and appraisal, which provides a legal basis for China to establish a vocational skills development system and improve the overall quality of China's workers. In addition, the Labor Law affirms the achievements of the reform of the social insurance system, and stipulates the principles of basic insurance, supplementary insurance for enterprises and individual savings insurance. Legal norms have been formulated for the responsibilities of social insurance agencies and supervisory agencies, and at the same time, the obligations of employers and workers to pay social insurance and the responsibilities of legal concealment have been stipulated.
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Labor law is:The general term for the legal norms that regulate labor relations and other social relations that are closely related to labor relations is the mountain raid。Labor laws vary from country to country, but most of them include the following basic contents: labor and employment law, labor contract law, working hours and rest time system, labor remuneration, labor safety and health procedures, special protection system for women workers and juvenile workers, labor discipline and reward and punishment system, social insurance and labor insurance system, employee training system, trade union and employee participation in democratic management system, labor dispute settlement procedures, and supervision and inspection system for the implementation of labor law.
Since the nineteenth century, with the development of the industrial revolution, labor law has increasingly occupied an important position in the legal systems of various countries, and has gradually separated from civil law and become an independent legal department.
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Labor law, also known as labor law, generally refers to legal provisions related to labor matters. These legal provisions govern the relationship between trade unions, employers and employees, and protect the rights and obligations of all parties. Labor laws vary from country to country, but most of them include the following basic elements:
Labor and Employment Law, Labor Contract Law, Working Hours and Rest Period System, Labor Remuneration, Labor Safety and Health Procedures, Special Protection System for Female Workers and Juvenile Workers, Labor Discipline and Reward and Punishment System, Social Insurance and Labor Insurance System, Employee Training System, Trade Union and Employee Participation in Democratic Management System, Labor Dispute Settlement Procedures, and Supervision and Inspection System for the Implementation of Labor Law, etc.
After the founding of the People's Republic of China, China successively enacted a series of labor laws and regulations, such as the Regulations on Labor Insurance, the Regulations on the Supervision of Labor Security, the Law on Mediation and Arbitration of Labor Disputes, the Special Provisions on the Labor Protection of Female Employees, the Labor Law, and the Labor Contract Law. In a narrow sense, the Labor Law only refers to the Labor Law of the People's Republic of China.
Article 1 This Law is enacted in accordance with the Constitution in order to protect the lawful rights and interests of laborers, adjust labor relations, establish and maintain a labor system suited to the socialist market economy, and promote economic development and social progress.
Article 2 of the Labor Law of the People's Republic of China This Law shall apply to enterprises and individual economic organizations (hereinafter referred to as "employers") within the territory of the People's Republic of China and the workers who have formed labor relations with them.
State organs, public institutions, social organizations, and workers with whom they have established labor contract relations shall be subject to this Law.
Article 3 Workers shall enjoy the right to equal employment and choice of occupation, the right to receive remuneration for labor, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights provided for by law.
Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.
Article 4 Employers shall establish and improve rules and regulations in accordance with law to ensure that workers enjoy labor rights and perform labor obligations.
Article 5 The State shall adopt various measures to promote labor employment, develop vocational education, formulate labor standards, regulate social income, improve social insurance, coordinate labor relations, and gradually improve the living standards of laborers.
Article 6: The State encourages laborers to participate in social compulsory labor, carries out labor competitions and rationalization suggestion activities, encourages and protects laborers to carry out scientific research, technological innovation, and inventions, and commends and rewards model workers and advanced workers.
Article 7 Workers have the right to join and organize trade unions in accordance with law.
Trade unions represent and safeguard the legitimate rights and interests of workers, and carry out activities independently and autonomously in accordance with the law.
Article 8 In accordance with the provisions of law, workers shall participate in democratic management or negotiate on an equal footing with employers on the protection of the legitimate rights and interests of workers through the workers' congress, the workers' congress or other forms.
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The <>Labor Law" is a law formulated and promulgated by the state in accordance with the Constitution in order to protect the legitimate rights and interests of laborers, adjust labor relations, establish and maintain a labor system suited to the socialist market economy, and promote economic development and social progress.
In a narrow sense, China's "Labor Law" refers to the "Labor Law of the People's Republic of China" passed by the Eighth National People's Congress on July 5, 1994 and implemented on January 1, 1995; Broadly speaking, the Labor Law is a general term for the laws and regulations that regulate labor relations, as well as the legal norms that regulate other social relations that are closely related to labor relations.
The <>Labor Law" is a law formulated and promulgated by the state in accordance with the Constitution in order to protect the legitimate rights and interests of laborers, adjust labor relations, establish and maintain a labor system suited to the socialist market economy, and promote economic development and social progress.
In a narrow sense, China's "Labor Law" refers to the "Labor Law of the People's Republic of China" passed by the Eighth National People's Congress on July 5, 1994 and implemented on January 1, 1995; Broadly speaking, the Labor Law is a general term for the laws and regulations that regulate labor relations, as well as the legal norms that regulate other social relations that are closely related to labor relations.
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Article 47 of the Labor Contract Law stipulates that severance shall be paid to the employee at the rate of one month's salary for each full year of service in the employer. 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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Wages of course refer to the wages actually due. The minimum wage applies to enterprises with special hardship, or when employees are unable to prove their wage income.
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The company's practices are illegal.
1. The employee submits the resignation report 30 days in advance, and the contract is terminated after 30 days.
2. Employees who leave their jobs shall not be in arrears of wages.
3. Workers can resign at any time as long as they submit their resignation report 3 days in advance during the probation period and 30 days in advance after becoming a regular. It is not legal for the company to agree that you must leave the job after 3 months. The part of the contract that is deemed invalid.
4. The labor remuneration of the worker must be paid in full.
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If the employer has not signed a contract with you for more than one month, you can go to the local labor bureau to sue him and ask the employer to pay you double wages, and you can go to the labor law to see.
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It is illegal to not sign an employment contract with you for more than one month. Also, when you sign the labor contract in the future, look at the working hours written on it, your working hours have been extended, and you need to take a break to see how the working hours are written here.
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There is no violation of the law, but such an act is overtime, and you can ask the company to pay overtime.
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1. It is definitely illegal, working for such a long time, the labor law stipulates that the working hours of a week shall not exceed 44 hours, and the employer shall sign a labor contract with the employee within one month from the date of establishing the employment relationship with the employee, otherwise, the employee shall be paid double wages every month.
Second, if you don't want to do it in this place anymore, you can boldly ask the unit to pay overtime wages, and if you still want to continue working, don't have conflicts with the unit.
You can now collect evidence to prove that you have an employment relationship with the employer, working hours, overtime hours, and monthly wages. These are required when applying for arbitration at a later date.
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The company is against the law.
Article 2 This Law shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China (hereinafter referred to as "employers") that establish labor relations with workers and conclude, perform, modify, dissolve or terminate labor contracts.
The conclusion, performance, modification, dissolution or termination of labor contracts by state organs, public institutions, social organizations and workers with whom they have established labor relations shall be executed in accordance with this Law.
Article 9 When an employer recruits a worker, it shall not seize the worker's resident identity card and other documents, nor shall it require the worker to provide a guarantee or collect property from the worker in any other name.
Article 84 Where an employer violates the provisions of this Law by seizing a worker's resident identity card or other documents, the labor administrative department shall order the worker to return the worker within a specified period of time and impose a penalty in accordance with the relevant laws and regulations.
If an employer violates the provisions of this Law by collecting property from a worker in the name of guarantee or other means, the labor administrative department shall order the worker to return it within a specified period of time and impose a fine of not less than RMB 500 but not more than RMB 2,000 per person; If any damage is caused to the worker, he shall be liable for compensation.
Where a worker dissolves or terminates a labor contract in accordance with law, and the employer seizes the worker's file or other items, it shall be punished in accordance with the provisions of the preceding paragraph.
Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; 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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