Labor disputes with companies 50, and labor disputes with companies

You have attendance records at the company, so only you and the store manager know about your sick leave, but the head office doesn't know about it. If you now request to change to sick leave, the company can do miner processing on the basis that your sick leave request has not been received. How do you prove that you are applying for sick leave, is your biggest problem.

And then you said fines, I don't understand very well. Your previous description is that if you do not complete the set task, 30% will be deducted, then your goal will be achieved every month, and when human resources calculate the third month's salary for you, 30% of the salary should have been deducted, why is there a fine.

Finally, if you want to arbitrate, the company is willing to accept that you are on sick leave during that period, and you also need to return the wages you received, and the company will re-settle your sick leave pay.

It is recommended that you prepare all the information you can provide, and then take it to the labor arbitration commission where your labor contract is performed for consultation, and the answer you get through this way will be the most convincing.

In the last month, according to Article 42 of the Labor Contract Law, if a female employee is pregnant, giving birth or breastfeeding, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law. As for the company saying that you have not completed the work and have to pay the previous fine, it depends on whether the provisions of your contract conflict with national laws and regulations.

The company should pay you wages and benefits during maternity leave. You can consult with the local labor arbitration department. It's not clear here.

Hope it helps.

If you do not complete the task, you do not need to pay a fine, and the employer has no right to fine you.

If you can win, you didn't go to work in the last month, and it was the boss's kindness that paid you your salary, and it can't be recognized as your work. In addition, maternity leave is due, and the labor law clearly stipulates it. In this case, arbitration can be won.

Legal analysis: In the event of a labor dispute with the company, the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they can 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 the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

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 the person is unwilling to mediate, fails to mediate, or fails to perform the mediation agreement after the mediation agreement is completed, 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.

In the event of a labor dispute with the company, it may apply for mediation, arbitration, file a lawsuit in accordance with the law, or resolve it through negotiation. In the employer, if there is a labor dispute mediation committee, the first step can be to apply to the committee for mediation.

Legal basis] Article 77 of the Labor Law of the People's Republic of China.

In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration, file a lawsuit in accordance with the law, or resolve it through negotiation. The principles of conciliation apply to both arbitration and litigation proceedings.

Article 78.

In resolving labor disputes, the lawful rights and interests of the parties to the labor dispute shall be safeguarded in accordance with the lawful, fair and timely handling principles.

Article 79.

After the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

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 to reach a settlement agreement. 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.

[Legal basis].: "Mediation and Arbitration Law".

Article 4 In the event of a labor dispute, the worker may negotiate with the employer, or may ask the trade union or a third party to negotiate with the employer and reach a settlement agreement.

Article 5 In the event of a labor dispute and the parties are unwilling to negotiate, the negotiation fails, or the parties do not 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.

Legal analysis: There are several ways to deal with labor disputes: 1. Both parties negotiate on their own.

Settlement between the parties through negotiation is the first way for the parties to seek to resolve the dispute. Of course, the negotiation settlement is based on the willingness of both parties, and if the parties are unwilling to negotiate or cannot reach an agreement after consultation, the parties can choose the mediation procedure or the arbitration procedure. 2. Mediation Procedure.

The parties may apply to the labor dispute mediation committee where the employer is located for mediation. The mediation process is voluntary, and the conciliation committee can only accept the case if both parties agree to apply for mediation; The parties may apply for arbitration directly without going through mediation. In addition, in the event of a dispute between the trade union and the employer over the performance of a collective contract, the mediation procedure is not applicable, and the parties concerned shall directly apply for arbitration.

3. Arbitration Procedure. If no agreement can be reached through mediation, one or both parties may apply to the local labor dispute arbitration commission for arbitration. The parties may also apply directly for arbitration.

The arbitration procedure is a mandatory procedure, that is, as long as one party applies for arbitration and meets the conditions for accepting the case, the arbitration commission shall accept the case; If a party wants to sue the court, it must first go through the Zhizhou Zhongfeng adjudication procedure, and the people's court will not accept a labor dispute case that has not gone through the arbitration procedure. 4. Court trial procedures. If the parties are not satisfied with the arbitral award, they may file a lawsuit with the local basic people's court.

Legal basis: Labor Law of the People's Republic of China Article 77 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. The principles of conciliation apply to both arbitration and litigation proceedings.

In the case of labor disputes between employees and employers, the parties concerned may first apply to the labor balance dispute mediation committee of the employer for mediation; Secondly, if the mediation fails, it can also apply to the Zhonghong Prefecture Arbitration Committee for arbitration of labor disputes.

One of the parties may also apply directly to the labor dispute arbitration commission for arbitration without mediation. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Legal basis: Labor Law of the People's Republic of China

Article 77 In the event of a labor dispute between an employer and a worker, the parties concerned may apply for mediation, arbitration, or file a lawsuit in accordance with the law, or may also resolve the dispute through negotiation. The principles of conciliation apply to both arbitration and litigation proceedings.

Article 78 In resolving labor disputes, the lawful rights and interests of the parties to the labor dispute shall be safeguarded in accordance with the principles of legality, fairness, and timely handling.

Article 79 After a labor dispute occurs, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Legal analysis: In the event of a labor dispute between the company and its employees, in accordance with Article 5 of the Labor Dispute Mediation and Arbitration Law, if a labor dispute occurs, and 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 for in this Law.

Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 4 In the event of a labor dispute, the worker may negotiate with the employer, or may ask the trade union or a third party to jointly negotiate with the employer to reach a settlement agreement.

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 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.

Article 6 In the event of a labor dispute, the parties concerned shall have the responsibility to provide evidence for their own claims. If the evidence related to the disputed matter is in the possession and management of the employer, the employer shall provide it; If the employer does not provide it, it shall bear the adverse consequences.