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Illegal. If the term of the employment contract between the employee and the employer has exceeded one month, and the employer requires the employee to sign the employment contract, the employee can refuse, and if the employer does not pay the employee's wages, it is unreasonable and is an illegal act, and the employee can file a complaint with the local labor inspection department or apply for labor arbitration.
If you are working for an employer, there are two ways to claim wages:
1. Workers can complain to the local labor 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 local labor bureau (labor dispute arbitration committee of the human resources and social security bureau) and demand the 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.
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It's not good to stop paying wages! It will create new contradictions.
Suggestions: 1. In the documents issued by the company, if the person is within the scope of adjustment, he must handle it in accordance with the regulations, and there are no rules;
2. Arrange a new job, whether he adapts, if not, he can take on-the-job training or off-the-job training;
3. It is the obligation of employees to abide by the company's articles of association at work;
4. During the work handover process, he was required to return the company's information to the department;
5. Understand the reasons for his resistance, and attack the heart first: the unit hopes to play a role in the new position, and the unit loses both sides without loss, and the individual's work will be affected.
Not to be passive is to let him be automatic: consider giving him a holiday, let him adjust some mentality, and come to you when he thinks about it; Ask him what others think of the company if he goes back to work in his original department? Tell me: What are his core needs?
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If the monthly salary of the suspension is unreasonable, it may be handled in accordance with the terms of the labor contract.
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Your unit has a unit system. Operate according to the system, don't deduct wages, it's completely unreasonable.
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Irrationality. For this kind of person, you have to be reasonable and emotional. You can look at his employment contract with your company. One by one, we will find a solution.
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However, there was an accounting officer who refused to sign the internal withdrawal agreement for other reasons. (What is the rationale?) )
What should be done with such personnel units? (1 knows to reason, 2 moves to love, 3 tempts to benefit, 4, don't let me see you again).
However, he did not obey the assignment of the unit's work, did not actively cooperate with the work, and often did not go to work, resulting in the transfer of accounting and the normal business of the unit could not be carried out smoothly. Is it reasonable to stop paying your monthly salary? (The reason is not that the suspension is not issued, but that it is deducted.) Tell him about the loss and let him lose the money).
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Communicate with him and let him understand; Suspension of wages is unreasonable.
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Legal analysis: If the employee is in arrears of wages for more than one month, it is illegal, and the employee can apply to the labor dispute arbitration institution for arbitration in accordance with the law, or complain to the labor and social security supervision agency in accordance with the law.
Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid in monetary form on a monthly basis to Zheng Chun, a worker in the department. Wages shall not be deducted or unjustifiably delayed.
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Legal Analysis: There are the following solutions to the non-payment of wages:
1. The two sides cooperate with the lack of grinders.
2. Mediation. 3. Apply for arbitration.
4. File a lawsuit.
Legal basis: Labor Dispute Mediation and Arbitration Law of the People's Republic of China Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If they are unwilling to mediate, fail to resolve the mediation or fail to perform after reaching a mediation agreement, they may apply to the Labor Dispute Arbitration Commission for arbitration; Unless otherwise provided in this Law, a person who is dissatisfied with the arbitral award may file a lawsuit with the People's Law Information Court.
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Legal analysis: There are the following solutions to the non-payment of wages:
1. Negotiation between the two parties.
2. Mediation. 3. Apply for pre-trial imitation.
4. File a lawsuit.
Legal basis: "Labor Dispute Mediation and Arbitration Law of the People's Republic of China" Article 5 In the event of a labor banquet, the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
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There are the following solutions to the non-payment of wages:
1. Negotiation between the two parties.
2. Mediation. Chong Li.
3. Apply for arbitration.
4. File a lawsuit.
1. How to solve product quality disputes.
According to Article 47 of the Product Quality Law, disputes arising from product quality can be resolved through the following ways: 1. The parties can resolve them through negotiation or mediation. Negotiation or mediation is the usual way to resolve civil disputes, and most quality disputes can be resolved through negotiation; 2. Apply for arbitration settlement.
If the parties fail to negotiate or mediate or have no willingness to negotiate mediation, they may apply to the arbitration institution for arbitration according to the agreement of the parties; 3. Litigation resolution. If the parties fail to reach an agreement through arbitration or the arbitration agreement is invalid, they may file a lawsuit with the people's court to achieve the purpose of resolving the product quality dispute through the civil judgment of the people's court. It should be reminded that in the process of mediation, arbitration and litigation, the necessary inspection of product quality may be carried out, but the entrusted inspection agency must be an inspection agency that meets the product quality inspection qualifications after being assessed in accordance with the law, otherwise, the inspection results will not be recognized.
2. What are the main forms of the labor dispute settlement system?
The labor dispute settlement system is as follows: 1. Negotiation between the parties; 2. If the negotiation fails, apply to the mediation organization for mediation; 3. If mediation fails, apply to the labor dispute arbitration commission for arbitration; 4. If the applicant is dissatisfied with the arbitral award, he or she shall file a lawsuit with the people's court. According to Article 5 of the Labor Dispute Mediation and Arbitration Law, in the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; Unless otherwise provided for in this Law, a person who is dissatisfied with an arbitral award may file a lawsuit with the people's court and be troubled.
3. What are the ways to resolve disputes arising from contracts?
There are four ways to resolve disputes arising from contracts:
1. Negotiation, resolving disputes through mutual consultation on a friendly basis;
2. Mediation, if no consensus can be reached, the relevant institutions may be requested to mediate;
3. In arbitration, if the negotiation fails and is unwilling to mediate, it may apply to the arbitration institution for arbitration;
4. In litigation, if no arbitration agreement is reached after the conclusion of an arbitration clause, the contract dispute may be sued to the court.
Article 5 of the Labor Dispute Mediation and Arbitration Law stipulates that in the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation;
If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
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If the employer has deducted or defaulted on wages, it is recommended to report and complain to the local labor inspection brigade with jurisdiction to demand the arrears of wages.
Wage arrears can choose to protect their rights by filing labor arbitration.
Article 85 In any of the following circumstances, the employer shall be ordered by the labor administrative department to pay the 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 payment is not made within the time limit, the employer shall be ordered to pay additional compensation to the labor demolition operator according to the standard of 50% to 100% of the amount payable
1) Failure to pay wages to workers in accordance with the standard of low wages.
3) Arrange overtime without paying overtime pay.
4) Dissolving or terminating a labor contract and failing to pay economic compensation to the worker in accordance with this Regulation.
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Legal analysis: Generally, the specific salary date is agreed by both parties, and there is no mandatory provision in the law. Then, as long as the unit pays once a month, it is legal, and there are no strict regulations as for the current month or the previous month, so as long as your employer pays your salary on time, even if the next month's salary is paid in accordance with the law.
More than 30 days constitute arrears of wages.
Legal basis: Article 50 of the Law of the People's Republic of China on Lao Fengdan Service stipulates that "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.
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Legal analysis: 1. Communicate with the wild wheel to negotiate and settle the problem.
Whether it is incumbent or resigned, whether it is unjustified arrears of wages or no wages, you should first communicate and negotiate with the person in charge of the company's main spine through normal channels, find out the reasons for arrears or non-payment, and then choose a reasonable way to deal with it, leaving room for the company and individuals.
2. If the negotiation fails, take up the law to protect legitimate rights and interests.
Through negotiation with the main person in charge of the company, communication and negotiation fail, there is no other way but to take up the law to protect their legitimate rights and interests. However, you need to collect or keep some evidence that can prove that you have an employment relationship with the employer, such as a work card, salary card, attendance records, etc., or the insurance paid by the employer is the best evidence.
Legal basis: Article 72 of the Labor Contract Law of the People's Republic of China The hourly remuneration standard for part-time employment shall not be lower than the minimum hourly wage standard stipulated by the people in the place where the employer is located.
The period for settlement and payment of labor remuneration for part-time employees shall not exceed 15 days at the longest.
Article 74 of the Labor Contract Law of the People's Republic of China The local people's labor administrative departments at or above the county level shall supervise and inspect the implementation of the labor contract system in accordance with the law:
1) The employer's formulation of rules and regulations directly related to the vital interests of workers and their implementation;
2) The conclusion and termination of labor contracts between the employer and the employee;
3) The compliance of labor dispatch units and employing units with the relevant provisions on labor dispatch;
4) The employer's compliance with the national regulations on working hours, rest and leave for employees;
5) The employer's payment of labor remuneration as stipulated in the labor contract and the implementation of the minimum wage standard;
6) The employer's participation in various social insurances and payment of social insurance premiums;
Qiyinqing) other labor inspection matters stipulated by laws and regulations.
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Accrual of wages and insurance.
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