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If the company dismisses you, it needs to give you one month's notice or pay you an extra month's salary.
On the contrary, you should also give one month's notice of your resignation. Supporting documents, of course.
If you can prove that you have given one month's notice to the employer, you can apply for labor arbitration to get your wages back.
Otherwise, you'll just consider yourself unlucky.
Of course, if you have all the evidence, it will be very tiring, and the cost of litigation in China is too high.
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If you leave for 1 month after you resign, the company will not be able to deduct your salary, and it is difficult to say if it is less than 1 month.
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The company has violated the provisions of the labor law that workers are entitled to legal remuneration for their labor, but you are also liable for the breach of contract.
It is recommended to settle the matter through negotiation, and if the negotiation fails, you can file a complaint with the labor inspection department, apply to the labor arbitration institution for arbitration, or file a lawsuit with the court.
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According to Article 85 of the Labor Contract Law, 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.
You can ask for your salary back.
Lawyer Zhang Yi.
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Hello, landlord!
Under the premise of legal employment, the enterprise has the right to formulate internal rules and regulations, and reward and punish employees. However, such rules and regulations must be carried out within the framework of the Labor Law, that is, they must be consistent with the spirit of the Labor Law, and the internal rules and regulations of enterprises that violate the law shall not be recognized by the law and should be denied.
If an employee encounters unfair treatment or illegal behavior of the enterprise in the process of labor, he or she can collect relevant evidence, report it to the labor bureau of the town (township) where the factory (construction site) is located, and request the illegal enterprise to rectify and punish the illegal enterprise.
For the landlord said that the enterprise regulations are legal or not, I think that only based on the landlord's statement, can not determine whether it is legal or illegal, the key is whether there is overtime in the work schedule? Are overtime compensatory? Is the penalty for not writing this work schedule too heavy?
The maximum penalty imposed on an employee by the enterprise cannot exceed 30% of the employee's salary for that month).
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Square peg. Sue him at the Labor Bureau.
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Are there any witnesses? If there is no witness, I call him to ask for money.
And then the recording: Anything with evidence is good anyway!
All useful! He said to give him one last chance!
Otherwise, the police will be called. I hate this kind of dishonest brute the most.
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Wait for the 8th to see if he will give it. If you don't give it, you will hit **, move it with affection, and know it with reason. Tell him that although it is not easy for him to be the boss, it is even more difficult for you to work, more than 700 is not much for him, and it is the fruit of your labor for you.
And to be a boss is to keep his word, otherwise who dares to work for him in the future, if he insists on not giving it, tell him to sue him.
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Hello, first of all, you signed a labor contract with A, but Company A did not give it to you, which is illegal.
Secondly, if an employment contract is signed, the probationary period is also determined according to the fixed term, and if the employment contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.
Third, you need to collect evidence that you have been working in Company A since September 2011, including work permits, punch cards, leave slips, etc., which can prove that you are an employee of this company, so as to prove that you --- have an employment relationship with Company A.
Fourth: the key is to communicate with the company's human resources leader, it is not good to have a stiff relationship with the company, and you have to pay attention to social security.
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It should be paid according to the regular salary. It is possible to apply for labor arbitration to demand the payment of the deducted wages and an additional 25% severance payment.
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According to the contract, if your probationary period is three months, you can't make a second change on the probationary period, so your salary for January is the normal salary, and if they don't give it, you can tell them that they are violating the labor law by doing so.
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1. Ask the unit to issue a deposit and receipt. 2. Report to the labor inspection brigade where the unit is located and ask for processing. 3. Directly terminate the labor relationship without signing the labor contract, apply for labor arbitration, and demand the payment of the return of the deposit to pay interest, pay the compensation for the failure to sign the labor contract, etc., and pay social security.
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You can apply for arbitration on the grounds that you have not signed an employment contract.
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1. Punch in at work, if you really forget to play, you must find the relevant person in charge to sign the card in time.
2. Take the work card of the person in the same department and her herself as proof of the fact that I am working overtime, then it depends on whether your usual performance is good or bad, I suggest that it is best to have a department leader to testify.
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Regardless of whether the labor contract is signed or not, you should keep good evidence for the problem of wage arrears, such as business cards designed for them, sign-in sheets, conversation recordings, etc., after mastering these evidence, you can talk to the boss directly, if the boss pays back the salary and signs a labor contract with you, the matter is over; If it doesn't work, don't do it with him, just go to the labor inspection brigade to report it, not only to get back your own salary, but also to punish the employer. or apply for labor arbitration.
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1. According to Article 10 of the Labor Contract Law, the employer shall sign a labor contract with you within one month from the date of employment. Otherwise, according to Article 6 of the Regulations for the Implementation of the Labor Contract Law, the employer shall pay twice the salary. The probationary period is included in the term of the employment contract.
2. According to the "Social Insurance Law", the unit should go through the registration procedures for you to participate in social insurance.
3. It is illegal to pay wages in arrears.
The unit is so dishonest that it recommends that you resign, and the reason for your resignation is: failure to pay labor remuneration in full and on time; Failure to pay social security contributions in accordance with the law. According to Article 38 of the Employment Contract Law, you can request the employer to pay economic compensation.
It is recommended that you immediately file a complaint with the local labor and social security inspection department and ask for the problem you are experiencing.
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A probationary period of three months is reasonable, but the salary during the probationary period must not be less than 80% of the official salary, which is illegal for the company, and you can apply for labor arbitration to resolve the matter.
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You can apply for labor arbitration. Advocate for double wages and other financial compensation.
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Negotiation head-on negotiation does not make it impossible to walk away The focus is on you.
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Late payment of wages may result in compensation of 25 per cent of the amount of wages. Others can be subject to labor arbitration, and now the courts and arbitration institutions are still very powerful for employees who are in a vulnerable position.
If you want to fully protect your legitimate rights and interests, it is recommended that you read the Labor Law, the Labor Contract Law, the Regulations for the Implementation of the Labor Contract Law and the Social Insurance Law, so that you can know what aspects the employer has violated your rights and interests, which will benefit you for the rest of your life. If the employer infringes on your legitimate rights and interests, pay attention to collecting evidence. This is important if there is arbitration or litigation in the future. >>>More
Whether or not the wages that have been in arrears for several years can be recovered depends on many factors, such as the economic situation and degree of cooperation of the delinquent unit, whether it is outdated, and the strength of law enforcement by relevant departments. To recover wages, you can file a complaint with the labor inspectorate, you can apply for labor dispute arbitration, and if you have an IOU, you can apply to the people's court for a payment order. >>>More
Go to the labor office and get your contract.
You need to write in writing that the employee may terminate the labor contract under any of the following circumstances: (2) the employer fails to pay the labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; You do not need to notify the employer in advance to terminate the labor contract for any reason, but you can request the employer to handle the matter in accordance with Article 50 of the Labor Contract Law: The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the procedures for the transfer of the employee's file and social insurance relationship within 15 days. >>>More
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