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In my QQ space, there are the latest labor laws, labor contract laws and supporting laws and regulations.
Please check it out for yourself.
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1. It is legal for you to resign 3 days in advance. 2. You can ask for two months of double wages.
Article 37 An employee may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.
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If the employer is notified in writing three days in advance of the probationary period, if not, the employer shall resign if the employer is notified one month in advance of the probationary period. If the employer does not sign a labor contract with the employee, the employee may request the employee to pay double wages after one month but less than one year.
Hope it helps.
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If you have not signed a labor contract, you can go to the labor department and claim double wages from the employer for working hours other than the first month.
Claims can be made either for resignation or termination of the contract by the employer. If you know more about this aspect, you can directly apply for labor arbitration.
In general, the local labor department plays a coordinating role.
In addition, employees can request to terminate the contract at any time, and they need to use one month in advance to check the information in their free time. to protect their own rights and interests.
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Regardless of whether the employee is on probation or after the probationary period, the employee can terminate the employment relationship in advance, but he or she needs to fulfill the obligation of three or 30 days' notice as stipulated in Article 37 of the Labor Contract Law.
Therefore, even if you have passed the probationary period, you can still request the termination of the de facto employment relationship (because you do not have an employment contract with the fast food restaurant). At the same time, they are entitled to wages for the period they have worked. As for how much it is, it depends on how you agree with the fast food restaurant.
However, if the employee fails to sign a labor contract after working for one month, he violates the provisions of Article 10 of the Labor Contract Law and needs to bear the legal responsibility of paying twice the salary stipulated in Article 82 of the Labor Contract Law, which starts from the day after he has worked in the fast food restaurant for one month.
Since it is a de facto employment relationship, you can terminate it at any time without 30 days' notice. At the same time, they are entitled to twice the amount of wages for the period they have worked.
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According to the provisions of the labor law, wages are generally paid on a monthly basis, and if it is less than a month, it can be paid on a daily basis. So if you don't have a full month, the store will also pay you a daily salary, the salary is agreed between you and the manager, if the agreement is a monthly salary, then the monthly salary divided by (the full pay day of the month) multiplied by the number of days you work.
For example, 1500 yuan a month, working 24 days a month, you actually work 20 days, the salary is 1500 24 20 = 1250
Because there is no labor contract, you can leave at any time without applying in advance, and the salary is calculated according to the above.
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One: There is a salary for resigning after less than a month, how much is calculated according to how you negotiate the salary with the manager, whether it is calculated according to the daily wage or according to other methods or according to the original negotiation!
2: You don't need to apply one month in advance, you need to apply 3 days in advance!
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I don't have any of that. There have been changes since the General Provisions. I didn't understand the latest.
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You don't need to apply one month in advance, but 3 days in advance.
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1Is it a work-related injury? The unit shall bear the medical expenses. Not self-paying.
2. The employer may unilaterally terminate the labor relationship, as long as the compensation is paid in accordance with Article 47 of the Labor Contract Law.
3 From September 18 to August 20, if the length of service is less than two years, the compensation for 2 months' salary is completely legal.
4. If you still don't understand, labor arbitration **12333.
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If you don't know what type of work you have, if it is caused by work, it is recommended to try to report the work-related injury, and you can go to the local social security department for detailed declaration conditions and procedures.
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If you have been discharged from the hospital and can work, the employer shall pay you compensation according to the number of years of service, one month's salary for one year of service, one year's salary for less than one year, and half a month's salary for less than half a year. And not one to give 2 months' salary.
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Labor law hasn't changed since '95.
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New regulations are expressed, and the above basic laws are available.
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Hello, Shou Xiao Yu1.The Labor Law currently in force was adopted at the Eighth Session of the Standing Committee of the Eighth National People's Congress on July 5, 1994, promulgated by Order No. 28 of the President of the People's Republic of China on July 5, 1994, and came into force on January 1, 1995.
2.The latest Labor Contract Law was amended on December 28, 2012 and came into force on July 1, 2013.
3.If there are new provisions in the 2013 Labor Contract Law, they will take precedence.
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The latest Labor Law July 1, 2013 Li Hong implemented the full text of the latest "Chinese People's Republic of China Labor and Labor Laws on July 1, 2013" has been amended in accordance with the implementation of .
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Labor Contract Law.
Article 35 The employer and the worker may change the content of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form.
The amended labor contract shall be held by the employer and the employee.
Article 17 The labor contract shall have the following clauses:
1) The name, address, and legal representative or principal responsible person of the employer;
2) The worker's name, address, and resident ID card or other valid identification number;
3) The term of the labor contract;
4) The content of the work and the place of work;
Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
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Report to the Labour Inspectorate.
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It doesn't matter if you are persuaded to resign, the key is whether you listen to him or not, hahaha.
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Upstairs, prepare the relevant information, and report to the labor inspection department.
Article 2 of the Regulations on Paid Annual Leave for Employees Employees of government agencies, organizations, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees and other units shall enjoy paid annual leave (hereinafter referred to as annual leave) if they have worked continuously for more than one year. The employer shall ensure that the employee is entitled to annual leave. Employees are entitled to the same salary during the annual leave period as they would during normal work. >>>More
Your idea is very correct, the labor law clearly stipulates that if an employer violates the regulations and forces an employee to extend working hours, the employee has the right to refuse. >>>More
Hello, to the problem you described, the lawyer replied as follows: >>>More
According to Article 50 of the Labor Contract Law, when the employer terminates the labor contract, it shall issue a written certificate of dissolution or termination of the labor contract, if not, the labor relationship between you and the company has not been legally terminated, therefore, if you are still in the term of the labor contract, then, in May 2010, the company should treat you as providing normal labor and pay you full wages, and then until the end of the contract period, you should pay 80% of the local minimum wage standard for living expenses. At the end of the contract period, if the company does not renew the labor contract with you, you can ask for corresponding economic compensation. At the same time, you can also ask the company to pay social insurance premiums for you according to the law.
In this case, the boss is obviously taking advantage of the law. >>>More