May I ask if I can get the commission for the later project in this case, and whether I can apply fo

Updated on society 2024-04-13
5 answers
  1. Anonymous users2024-02-07

    1. You can apply for labor arbitration to demand payment of the commission; If you do not have an employment contract, you can also ask for double wages from the second month of employment;

    2. How to apply for labor arbitration:

    1. Go to the labor dispute arbitration committee in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration. Materials to be submitted: 2 copies of the application for arbitration, 1 copy of the applicant's ID card; 2 copies of relevant evidence and a list of evidence; 1 copy of the employer's business registration information (registration information is not required in Beijing)!

    2. After submitting the materials, the arbitration commission will file the case within 5 working days. The Labor Arbitration Commission does not charge a fee. The parties are then given a period to present evidence; After the trial, and the mediation between the two of you, the mediation fails, and the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If we are not satisfied with the ruling, we can sue the court;

    3. You can handle it yourself without inviting a local lawyer**, and I can provide you with remote guidance (after I write the relevant legal documents and send them to you, you can print them), and you can win the lawsuit;

    4. During the application for labor arbitration, you will not be delayed to work in the new unit!

  2. Anonymous users2024-02-06

    File the case as soon as possible, the statute of limitations for labor arbitration is only one year, counting from the beginning of resignation, you first go to the case to submit all the requests, and there is no fee for filing the case, there is no need to think about it so much, the statute of limitations will not be accepted, and the support depends on the evidence.

  3. Anonymous users2024-02-05

    Hello, without evidence, it is difficult to get support for your claim.

  4. Anonymous users2024-02-04

    Legal analysis: 1. Go to the labor dispute arbitration committee in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration. Documents to be submitted:

    2 copies of the application for arbitration and 1 copy of the applicant's ID card; 2 copies of relevant evidence and a list of evidence; In some areas, it is also necessary to provide information on the employer's industrial and commercial registration.

    2. After submitting the materials, the arbitration commission will file the case within 5 working days. The Labor Arbitration Commission does not charge a fee. The parties are then given a period to present evidence; After the trial, and the two parties were mediated, and the mediation failed to reach the award issued by the arbitration committee; Labor arbitration shall be concluded within 60 days; If you are not satisfied with the ruling, you can sue the court.

    Legal basis: Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

    1) Disputes arising from the confirmation of labor relations;

    2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

    3) Disputes arising from removal, dismissal, resignation, or resignation;

    4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;

    5. Disputes arising from labor remuneration, work-related injury medical expenses, economic compensation or compensation, etc.;

    6) Other labor disputes as stipulated by laws and regulations.

  5. Anonymous users2024-02-03

    Yes, the nature of the dispute over the commission payment is a labor dispute. Article 17 of the Labor Law stipulates that an employment contract shall be legally binding immediately and in accordance with the law, and the parties concerned must fulfill the obligations stipulated in the labor contract. Therefore, after the employer signs a commission agreement with the employee, the employer shall pay the basic salary and commission payment to the employee in accordance with the agreement.

    If the employer fails to pay the commission to the employee on time or in full, resulting in a commission dispute, the commission dispute is a dispute arising in the course of performing the labor contract and should fall within the scope of labor disputes.

    Article 44 of the Law on Mediation and Arbitration of Labor Disputes provides that the arbitral tribunal may, upon the application of the parties, make an award for enforcement in cases of recourse to labor remuneration, work-related injury medical expenses, economic compensation or compensation, and transfer it to the people's court for enforcement. If the arbitral tribunal award is enforced in advance, the following conditions shall be met: (1) the rights and obligations between the parties are clear; (2) Failure to enforce in advance will seriously affect the applicant's life.

    If the worker applies for prior enforcement, he or she may not provide a guarantee.

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