Hurry, hurry!! What should I do if there is a dispute over the remuneration of a dispatched employee

In your case, the general concept is that even if you go to labor arbitration, you will have a substantial relationship with the dispatch company, and your employer will only be jointly and severally liable.

1.You can apply to propose two solutions, either you can offset the unused annual leave against the separation period and take it out; Either in the form of cash. In fact, if your company can't give you a break due to work needs, you should ask for a discount, which can be supported.

2.The amount of the wage difference is to be determined, and there is documentary evidence of the facts.

3.Written proof of overtime, such as timecards, etc., and sufficient factual evidence.

4.This will definitely affect your re-signing of the contract, but as long as your employer is sure to use you, it will not be a big problem, after all, in my experience in this industry, as long as the employer needs to dispatch the company, it generally needs to be completed according to the customer's requirements. However, if your previous company fails to pay in time or the benefits you deserve are not guaranteed, you must have all the documentary evidence, because even labor arbitration requires relevant materials to be supported.

Hope you do your best.

First of all, you have signed an employment contract with the employer, so your regular salary can only be claimed from the labor dispatch company.

According to Article 62 of the Labor Contract Law, the employer shall fulfill the following obligations: 1. Implement the national labor standards and provide corresponding working conditions and labor protection. 2. Inform the dispatched workers of the work requirements and labor remuneration (only the obligation to inform).

3. Pay overtime pay, performance bonuses, and provide job-related benefits. 4. Provide necessary training for on-the-job dispatched workers. 5. In case of continuous employment, the normal wage adjustment mechanism (equal pay for equal work) shall be implemented.

Therefore, you should ask the employer for financial compensation for your annual leave, and the employer should pay you the financial compensation for the unused annual leave in accordance with the normal procedures (as required by law).

The amount on your salary card and pay slip is incorrect, you should ask the labor dispatch unit for it, and Article 58 of the Labor Contract Law stipulates that during the period when the dispatched worker is not working, the labor dispatch unit shall pay the monthly remuneration in accordance with the minimum wage standard stipulated by the local people**. Therefore, you have the right to claim the difference from the labor dispatch company (proof of reservation number).

Your fourth question is not legally problematic, but in fact, the labor contract you signed before is the same as the current labor dispatch company, and you are now working for him, and it is very difficult to find the previous remuneration he wants. It's up to you.

The labor arbitration department applies for labor arbitration.

Whoever you sign an employment contract with will pay liquidated damages. So you can only find a labor dispatch company to claim compensation.

1. Proof that you have not taken annual leave;

2. Proof that your labor dispatch company has not paid wages according to the labor contract.

3. Overtime pay is not paid for overtime.

In addition, you can also get an additional 2 months' salary compensation, and you can terminate the labor contract in accordance with point 2 of Article 38 of the Labor Contract Law; In accordance with point 1 of Article 46, the employer shall pay economic compensation, which is two months after two years.

If you want to consider the latter issue, you have to weigh it yourself, but I insist on applying for arbitration and getting back what I deserve.

If a worker has a labor dispute with an employer, he or she may apply for labor dispute arbitration within one year after leaving the company to protect his or her legitimate rights and interests through legal channels.

The employer may negotiate with the employee to settle the matter, or may cooperate with the labor dispute arbitration committee, which will make a decision. If the ruling is not satisfied, both parties may appeal to the people's court and the court will make a judgment.

According to the Law on Mediation and Arbitration of Labor Disputes

Article 2 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, medical expenses for work-related injuries, economic compensation or compensation, etc.;

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

Article 27 The limitation period for applying for arbitration of labor disputes shall be one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.

Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

Article 50 Where a party is dissatisfied with an arbitral award in a labor dispute case other than that provided for in Article 47 of this Law, it may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award; Where no prosecution is made at the expiration of the time limit, the ruling takes legal effect.

Article 51: The parties shall perform on legally effective mediation documents or rulings within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for enforcement in accordance with the relevant provisions of the Civil Procedure Law. The people's court accepting the application shall enforce it in accordance with law.

If an employee resigns and then asks for compensation, the arbitration commission and the people's court will generally not support it.

If an employee terminates a labor contract, the employer is required to pay severance only under the circumstances stipulated in Article 38 of the Labor Contract Law. However, in judicial practice, if an employee terminates the contract on other grounds or without submitting reasons, and then claims severance on the ground that the employer is at fault under Article 38, neither the arbitration commission nor the people's court will support it.

The First Civil Trial Division of Zhejiang Provincial High People's Court and Zhejiang Provincial Labor and Personnel Dispute Arbitration Court.

Answers to Several Questions Concerning the Trial of Labor Dispute Cases (III).

Zhejiang Gao Fa Min 1 2015 No. 9.

7. The employee resigns without giving reasons or reasons, and then requires the employer to pay economic compensation for the termination of the labor contract on the basis of Paragraph 1 of Article 38 of the Labor Contract Law. If it is found that the employer does have the circumstances specified in the first paragraph of Article 38 of the Labor Contract Law, can the employee's claim for economic compensation be supported?

A: If the employer has any of the circumstances specified in Paragraph 1 of Article 38 of the Labor Contract Law, but the employee does not explain the reasons or reasons when resigning, and subsequently requests the employer to pay economic compensation for the termination of the labor contract on the grounds that the employer has the circumstances specified in Paragraph 1 of Article 38 of the Labor Contract Law, it will not be supported.

Guangdong Provincial High People's Court, Guangdong Provincial Labor and Personnel Dispute Arbitration Commission.

Minutes of the Symposium on Several Issues Concerning the Trial of Labor and Personnel Dispute Cases

June 21, 2012.

28. Where an employee submits his resignation on other grounds, and then requests the employer to pay economic compensation on the grounds that the employer is forced to resign under the circumstances specified in Article 38 of the Labor Contract Law, it will not be supported.

If the employee claims compensation in accordance with the provisions of the labor law, it should be paid.

After the resignation, the company will not pay the employee's commission, and the employee can negotiate with the employer or apply to the national labor department for labor dispute mediation and arbitration.

1. According to Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, this Law shall apply to disputes between employers and employees within the territory of the People's Republic of China over labor remuneration, medical expenses for work-related injuries, economic compensation or compensation.

2. According to Article 9 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, if an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the employee may file a complaint with the labor administrative department, which shall deal with it in accordance with the law.

3. According to Article 4 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes: In the event of a labor dispute, the employee may negotiate with the employer, or ask the labor union or a third party to negotiate with the employer and reach a settlement agreement.

4. According to Article 12 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China: Parties applying for labor dispute mediation may apply in writing or orally. Where an oral application is made, the mediation organization shall record the applicant's basic information, the disputed matters for which the mediation is being applied, the reasons and the time on the spot.

Reading guide: After resignation, what should I do if the employer owes wages? According to the provisions of the Labor Law, in the event of a labor dispute between an employer and an employee, the parties concerned may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law. For details, please refer to this article

1. After resignation, if the employer is in arrears of wages, the measures that the employee can take to protect his rights are:

1. Apply for mediation.

After the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation;

2. Apply for arbitration.

If mediation fails, if one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration.

3. File a lawsuit.

If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

II. Matters needing attention when applying for labor arbitration.

1. The party making the arbitration request shall submit a written application to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute. The arbitral award shall normally be rendered within 60 days of receipt of the application for arbitration. If there is no objection to the arbitral award, the parties must perform it. <>

2. If the parties to a labor dispute are dissatisfied with the arbitral award, they may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. If one party does not file a lawsuit and fails to perform the arbitral award within the statutory time limit, the other party may apply to the people's court for compulsory enforcement.

3. If an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages and remuneration for extended working hours;

3) Paying wages to workers lower than the local minimum wage standard;

4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

IV. Calculation Criteria for Severance Payment:

Severance shall be paid to the worker 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.

If an employer owes an employee wages, the employee has three ways to request payment of wages:

1. Workers can file complaints with the local human resources and social security bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;

2. You can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request payment of wages. If you do not have an employment contract, you can demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

3. If there is an IOU, you can directly sue the court to demand the payment of the salary amount in the IOU.

Article 2 of the Law 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, medical expenses for work-related injuries, economic compensation or compensation, etc.;

Article 50 of the Labor Law Wages shall be paid to the worker himself on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed.

Article 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages for extended working hours;

3) Paying wages to workers lower than the local minimum wage standard;

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.