Labor Disputes Issues in Labor Law 30

E-Law answers:

Article 38 of the Labor Contract Law 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.

It is illegal for the company to fail to pay social security premiums for you, and you can complain to the social security department, which will order the company to pay back social security premiums. At the same time, you can resign at any time without notifying the company in advance and ask the company to pay economic compensation, the company should pay the salary and economic compensation when you leave the company, if the company refuses to pay, you can file a complaint with the labor inspection brigade or apply for labor arbitration. If you are still working for the company when the contract expires in July 2012, it is deemed that both parties agree to continue to perform the labor contract under the original conditions, and the company does not need to pay you double wages.

Let's talk about the third one first, because this involves the question of whether the above two can be realized.

If you say that, you should keep the email and text message you communicate with the company, and make a copy of your signature on the delivery note. Then look for other evidence that can prove that you work in this company, which can be used as proof of employment relationship.

The first one: because the company has not paid social insurance and has not signed a labor contract, you can leave and go directly to labor arbitration.

The second: through the proof of work in the company you prepared, you can ask the company to make up five insurances for you, but the labor bureau may not accept the one gold, and it is more troublesome, you can go to the court. If you do not sign a labor contract, you can apply for double salary compensation and ask for an additional 50% compensation.

In addition, the company's salary is a card to a person, and then he gives it to you, it cannot prove that you work in the company, the company has paid you a salary, you can ask the company to pay you a salary during the working period again on the grounds that the company has not paid a salary, and add 50%.

If the plaintiff provides audio recordings and evidentiary materials that can prove the existence of the socks, but the defendant does not provide any rebuttal evidence, the court rules that in accordance with laws and regulations, there should be sufficient evidence to support the plaintiff's claim. If the judge repeatedly extends the trial time for the defendant, resulting in the failure to protect the plaintiff's legitimate rights and interests, this is a procedural error.

According to the provisions of the Civil Procedure Law of the People's Republic of China, the court shall hear the case within the prescribed time limit and conduct the trial under certain procedural provisions. If a judge violates procedural provisions in the course of adjudication, affecting the fairness, fairness, and timely trial of the case, it is a procedural error. In such cases, the parties may file an appeal or appeal with a higher court for a revision of the judgment or a new trial.

Therefore, if you believe that the judge's actions have caused damage to your legal rights and interests, you can file a complaint or appeal with a higher court to request a reversal of the sentence or a new trial. In the course of an appeal or appeal, you can provide relevant evidence and materials to the higher court, explaining that the judge's actions have adversely affected the trial of the case, and ask the higher court to retry the case or change the judgment.

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;

1. First of all, inform you that the reason why the unit does not let you go to work is not a statutory reason, but in fact, a person's character is very important, and I hope you will reflect on it in the future;

2. The boss's behavior is wrong, you can report to the labor bureau on the grounds of wage arrears.

Jiangsu stipulates that if you are suspended from work due to the employer, you will be deemed to be in attendance within a wage payment cycle. You will also be paid at a minimum of 80% of the minimum wage.

Hello! According to the provisions of Paragraph 1 of Article 82 and Paragraph 3 of Article 14 of the Labor Contract Law, the period of payment of double wages without a written contract is from the second month of employment to the full year of one year, and more than one year is deemed to have signed an indefinite labor contract with the company, that is, the employer shall pay additional wages from June 11 to March 12

Labor Contract Law

Paragraph 1 of Article 82: If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

Paragraph 3 of Article 14: If an employer does not conclude a written labor contract with an employee within one year from the date of employment, it shall be deemed that the employer and the employee have concluded an indefinite labor contract.

Regulations for the Implementation of the Labor Contract Law

Paragraph 2 of Article 6 stipulates that the starting date for the employer to pay twice the monthly salary to the employee shall be the day after the expiration of one month from the date of employment, and the deadline shall be the day before the written labor contract is supplemented.

Hope it helps!

In theory, there is, but in practice it is difficult to say, and generally the labor and social security departments will not speak for the workers.

According to the relevant legal provisions and judicial interpretations, starting from May 2011, you and the employer have formed a de facto labor relationship, and you shall sign a written labor contract, and if you do not sign it, you shall pay double wages. There are too many specific legal provisions for me to list. If you don't understand, you can add q1922692433.

Double wages are payable according to the provisions of the Labor Contract Law, and if the company pays you the normal salary, one month after the expiration of the contract, the salary between June 11 and March 12 can be paid to you again. If you voluntarily resign, there is no financial compensation.

If this is the case, you can directly apply for labor arbitration and claim compensation for double the salary for the period when the contract was not signed.

Labor arbitration first, then litigation. In principle, it should be.

Apply directly for labor arbitration and claim compensation.

If there is no compensation, the labor contract law you said that there is compensation, but the premise is that you have signed a contract with the employer, but your contract has expired and has not been renewed, from a legal point of view, there is no cooperative relationship, so you cannot get the protection of the law, so you cannot get compensation.

It is illegal to pay arrears, and it is illegal to work for more than a month but less than a year without signing an employment contract, and you can apply for labor arbitration or file a complaint with the labor inspection department to claim double wages for 11 months. They may also claim severance from the time they have completed one year of service, and the severance shall be paid to the worker 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.

Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment contract.

First, go to the legal aid center designated by the local ** for consultation, ask for advice and guidance on how to fill out the arbitration application, and then submit the arbitration request to the local labor arbitration department.

Since you wrote a resignation report (note that it is a resignation, not a handover order), it cannot be proved that you were unilaterally dismissed. Unless there is no mention in the report filled out at the time of resignation, "I voluntarily agree to terminate the employment contract".

If it was written at the time that the handover order was written, the matter could be a different matter.

If the company forces you to terminate the employment contract by fabricating facts, you can use this as proof that the employment relationship has been unilaterally terminated. But evidence is also needed: audio recordings or witnesses.

The company is obliged to go through the resignation procedures when the employee leaves the company, and the salary is settled within 3 working days, and the company is obliged to pay the salary within the time limit specified in the labor contract. You can initiate labor arbitration on the grounds of "unpaid wages" and claim unsettled wages.

There is a divergence in the interpretation of the above situation:

Whether the employment relationship has been terminated – what rights and interests you continue to enjoy if not.

The reason for the termination of the employment relationship – This is directly related to the existence of severance payments or severance payments.

In terms of social security, the company has not gone through the resignation procedures for you, and whether you should enjoy the benefits of the company's social security for you will be affected by the above two items.

If the fact of non-payment of wages is conclusive, prepare the contract, pay slip or bank card records.

If you have not gone through the resignation procedures, have not issued a certificate of termination of labor relations, or have not gone through the procedures for the suspension of social security, whether it has caused you difficulties in reemployment, you can make a claim according to the length of time from the incident to the date of the certificate.

Call 12333, if the Labor Bureau doesn't care, please call 12345If you can't hit the mayor **, you can't go to the city ** to petition. If it is not resolved, it will be subject to labor arbitration or go to court to file a lawsuit. If you really get to this point, you can call ** to consult your local legal aid center first!

If there is a labor contract for this, there is no problem.

1. You can ask for double wages, but the other company will definitely come up with the labor contract you signed, so labor arbitration may not support it.

2. The company's termination of the labor contract due to unfinished performance is an illegal termination, and compensation can be claimed.

3. The supplementary payment of social security depends on whether the local arbitration court accepts it, and if the arbitration court does not accept it, it needs to complain to the social security bureau and ask the unit to make up the payment.

4. The commission is actually piecework wages, which can be claimed with evidence, and may not be supported without evidence.

Labor Contract Law

Article 82:

If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

Article 87.

If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

These are two legal relationships.

First, because the company violated the social insurance law by paying social insurance to its employees, it should make up the payment and accept a fine from the social security bureau.

Second, because the enterprise fails to pay social security to its employees in full and in a timely manner, other rights and interests of employees are infringed upon as a result. Violation of property law. A civil lawsuit can be filed against the enterprise for compensation.

1. The pre-procedure for labor disputes is also the arbitration procedure, which is not necessarily executed, and the arbitration is only to solve the burden of the court, and it is not necessary to go through arbitration before the court.

2. Definition of pre-arbitration of labor disputes: The pre-arbitration procedure of labor disputes stipulated by law actually refers to the fact that the labor dispute has gone through the arbitration procedure, and not all parties are required to go through the arbitration procedure.

3. Legal basis:

1. Article 119 of the Civil Procedure Law stipulates that if a party must be in common, and if it does not participate in the litigation, the people's court shall notify it to participate in the litigation. According to this provision, there is reason to believe that the respondent may be added at the litigation stage.

2. Some local laws and regulations also clearly stipulate that the respondent may be added to the lawsuit during the litigation stage.

Article 16 of the Opinions of the Shanghai Municipal High People's Court and the Shanghai Municipal Labor Bureau on Several Issues Concerning the Trial of Labor Dispute Cases stipulates that if an employer concludes a labor contract with an employee, both parties to the contract shall be the parties; If no labor contract has been concluded, the unit that actually uses the labor force shall be one of the parties. If the entity that has concluded or not concluded the labor contract is inconsistent with the actual employer, or the actual employer is difficult to determine, or if the entity that has concluded the labor contract is inconsistent with the management unit that has made the disposition, the unit with an interested interest may be listed as a party; If it is not included in the arbitration, it may be listed as a party in the litigation in accordance with the above principles.