Ask for help from professionals If the contract is not signed, the boss will not refund 1,000 yuan

1. First of all, the illegal acts of the unit: 1. Collect the entry deposit; Failure to sign a written contract for one month after joining the company; Failure to pay social insurance.

2. Handling method: You can directly go to the local labor inspection brigade to complain or apply for labor arbitration, these channels are free of charge, but you must be able to prove the existence of labor relations with the employer and the fact of receiving deposits;

3. The required evidence, whether the unit has written evidence for collecting the deposit, such as receipts, etc.; As for the employment relationship, the methods you mentioned can also be used, but they are not sufficient, it is better to find a few more witnesses (not other people who have been seized), you can file a joint complaint, and if it is inconvenient to come forward, you can also write a written testimony.

Is 1,000 yuan your labor salary this month?

If you want to sue him, you must have evidence that you worked with him for the month, after all, you did not sign a contract, but it is illegal for him to illegally take your wages.

Submit evidence of your previous salary, or references, preferably more than two, so that you can prove that you work for this boss, and he withheld 1,000 yuan from you, and you also chase the number with evidence, so that you can go to labor arbitration or go to court to sue.

First of all, you need to confirm the facts of the employment relationship with the employer, such as pay stubs, attendance records, and documents in the course of work.

Second, after the labor relationship is confirmed, the employer can be required to pay back social insurance and wages.

Third, the employer shall notify the employee one month in advance when terminating the labor contract, otherwise it shall pay one month's severance as a payment in lieu of payment.

Fourth, if a written labor contract is not signed to pay double wages, a written labor contract shall be signed within one month from the date of employment.

Fifth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration.

Regarding deposits: The Labor Contract Law, which came into effect on January 1, 2008, stipulates that "employers shall not collect deposits from employees in any form", and both the previous Labor Law and the newly promulgated Labor Contract Law prohibit the collection of deposits in any form, which is a protection for vulnerable groups.

The Labor Contract Law stipulates that an employer shall not seize an employee's resident identity card and other documents, or require a guarantee or collect property from an employee in any other name. If the employer withholds the employee's resident ID card and other documents, the labor administrative department shall order the employee to return the employee within a specified period of time and impose a penalty in accordance with the relevant laws and regulations. For those who collect financial services from workers in the name of guarantees, the labor administrative department shall order them to return them to them, and impose a fine of not less than 500 yuan but not more than 2,000 yuan per person, and shall also bear the corresponding liability for compensation if they cause damage to the workers.

We hope you find this answer helpful.

Zongheng Legal Network-Guangdong Weige Law Firm-Li Junbo lawyer.

This has nothing to do with whether or not to sign a contract, just go directly to the relevant departments of the Labor Bureau.

What kind of contract are you talking about, is it a labor contract, or is it an economic contract?

Quarrel with him, but you can't do it without a contract, why don't you sign it.

I didn't sign any contract.

What deposit did you pay, and why did the boss withhold the deposit?

If the worker works in the unit but does not sign the labor contract and is charged a deposit by the employer, then the worker has a deposit slip, and if the leader of the unit does not recognize it after the change, then it will be reported to the labor bureau and the arbitration commission for handling and applying for compensation.

If you work in a restaurant and do not sign a labor contract, and you leave your job voluntarily, then negotiate with the boss of the company or the arbitration committee to deal with it.

It is a violation of labor laws and regulations for the boss to withhold wages after leaving the job without signing a labor contract.

Under the age of 18 and over the age of 16 are considered adult workers, and it is okay to work in a restaurant, but it is not allowed to engage in some heavy physical labor.

It is the responsibility and obligation of the employer to sign a labor contract with an employee in accordance with the law, and the failure to sign a labor contract is a violation of the labor contract law by the unit, which has nothing to do with the employee.

Since the unit violates the law first, the workers have the right not to do it at any time, and there is no problem in leaving their posts without permission or leaving without saying hello.

The Labor Law clearly stipulates that wages shall be paid in the form of money on a monthly basis, and there shall be no arrears or deductions, and the deduction of wages is also illegal, and a complaint can be filed with the local labor inspection department to demand that the employer pay the arrears of wages.

First of all, you negotiate with the company to deal with it and compensate the company 300 yuan.

Secondly, if the company insists on deducting wages, it will be submitted to the arbitration committee for processing and applying for double wage compensation.

Hello: 1. You specifically enjoy the following rights and interests:

1. Since there is no written labor contract, the employer can be required to pay double the salary from March 22, 2013 to June 23, 2013.

2. If the employer dismisses you without cause, it can request the employer to pay double the severance payment, that is, 1 month's salary.

3. Require the employer to make up the social insurance for you, and require it to pay the wages you owe and the wages withheld.

Legal basis: 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.

Article 84, paragraph 2.

If an employer violates the provisions of this Law by collecting property from a worker in the name of guarantee or other means, the labor administrative department shall order the worker to return it within a specified period of time and impose a fine of not less than RMB 500 but not more than RMB 2,000 per person; If any damage is caused to the worker, he shall be liable for compensation.

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.

2. If the employer does not support your request, you can report it to the local labor inspection brigade or file a labor arbitration with the local labor arbitration commission.

You need to believe that China's laws are relatively fair, and if you file for labor arbitration, if the evidence is sufficient, your legitimate rights and interests can be protected by law!

However, proving the existence of a de facto employment relationship between you and the employer is the key to arbitration!

You can file a complaint with the labour inspectorate to defend your legitimate interests.

First of all, it is already illegal for the company to not sign an employment contract with you within a month. You have the right to claim double compensation for your salary after one month. In addition, the company shall not withhold employees' wages without reason.

If the discussion fails, apply for labor arbitration. Hope it helps.

If you have not signed a labor contract, the employer shall pay you double your salary, make up social insurance, and pay economic compensation for the termination of the labor relationship (see Article 1 of the Labor Contract Law and Article 1 of the Regulations for the Implementation of the Labor Contract Law for details). The key point is evidence, which requires evidence that you have an employment relationship with the employer. As for the amount of time worked, the principle of "reversal of the burden of proof" can be used, and it will be issued by the employer at the time of arbitration or litigation, because everyone who works in a place should fill out an entry form.

This also proves your working hours, you also have to sign your salary, and the payroll form should also be issued by the employer, which proves your monthly income status.

Reversal of the burden of proof" is widespread in the field of labor law. Article 1 of the Law on Mediation and Arbitration of Labor Disputes, Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I), Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III), Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, and Article 2 of the Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations. The employer may be required to bear the burden of proof for wage payment vouchers, social security records, recruitment registration forms, registration forms, attendance records, etc.

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.

For details of the time of payment of wages upon termination of labor relations, please refer to Article 9 of the Interim Provisions on Payment of Wages, and for details of Article 50 of the Labor Contract Law, the time of payment of severance is detailed. If the payment is not made on time, the employer may be required to implement Article 85 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts and Article 85 of the Labor Contract Law.

If you take a good look at what I have covered in the title of the book above, you will be able to fully understand what I mean. Just search the internet for the names of these legal provisions and find the corresponding provisions.

Therefore, your first task is to gather evidence of an employment relationship with the employer.

First of all, it is illegal to not sign a slippery contract, and you will be paid double if you don't sign a contract; Secondly, it is also illegal to withhold wages, and you should be paid in full and in a timely manner when you leave your job, otherwise you can go to the labor scum to report him, report him for not signing a contract, not going to insurance, and withholding wages.

Find someone to intercede, if it doesn't work, soft violence, follow him every day, see customers eat, sleep and go to the toilet, and follow him to annoy. Don't work anymore and don't sign a contract after you don't sign a delay.

If you resign without signing a labor contract, it is illegal for the employer to withhold the deposit. Collecting a deposit is illegal in itself, and it is even more illegal if it is not returned.

1. The employee can apply for labor arbitration, requiring the employer to pay you the arrears of wages, deposits, economic compensation, double wages for unsigned labor contracts (starting from the second month of employment, up to 11 months), etc.; Counting from the time you leave your job, the statute of limitations for labor arbitration is one year!

2. In labor disputes, it is key to have evidence to prove the labor relationship, such as work permit or work card (preferably stamped with the official seal), salary card transaction records, wage slips, tooling with the name of the company, individual income tax payment certificate printed and stamped by the local taxation bureau, temporary residence permit handled by the employer, attendance records, social insurance payment records, work orders, testimonies of colleagues (can be used if they leave the company), audio and video recordings, or other written materials with the name and official seal of the worker or the signature of the boss, etc.; Of course, it is possible to apply for labor arbitration without evidence, but there is a risk of losing the lawsuit;

3. When applying for labor arbitration, you need to bring the arbitration application, a copy of your ID card, relevant evidence, and a copy of the employer's business registration information or business license (registration information is not required in Beijing)! After the case is filed, **, and then mediated, and the arbitration committee fails to issue an award if the mediation fails;

4. If you ask professionals for guidance, you can handle the labor case by yourself, and you can win the case as well, and the labor arbitration commission does not charge any fees. During the application for labor arbitration, do not delay going to work in a new unit!

5. Legal basis: Article 2 of the Labor Dispute Mediation and Arbitration Law and Article 1 of the Labor Contract Law!

Employers must not seize documents or require guarantees. You can file a complaint with the labor administrative department, and the employer will face penalties.

If there is a dispute, the employee may apply for arbitration at the labor and personnel dispute arbitration commission where the employer is located or where the labor contract is performed. To apply for labor arbitration, you need to bring the arbitration application, a copy of your ID card, relevant evidence, and a copy of the employer's business registration information or business license when filing the case.

Labor Contract Law

Article 9 When recruiting workers, an employer shall not seize the worker's resident identity card or other documents, nor shall it require the worker to provide a guarantee or collect property from the worker in any other name.

Article 84.

If an employer violates the provisions of this Law by seizing a worker's resident identity card and other documents, the labor administrative department shall order the worker to return it within a specified period of time and impose a penalty in accordance with the relevant laws and regulations.

If an employer violates the provisions of this Law by collecting property from a worker in the name of guarantee or other means, the labor administrative department shall order the worker to return it within a specified period of time and impose a fine of not less than RMB 500 but not more than RMB 2,000 per person; If any damage is caused to the worker, he shall be liable for compensation.

Where a worker dissolves or terminates a labor contract in accordance with law, and the employer seizes the worker's file or other items, it shall be punished in accordance with the provisions of the preceding paragraph.

It is unreasonable, because the working people are protected by law, and the absence of a labor contract between the worker and the boss is the fault of the boss, and the worker has the right to sue the boss.

One month after joining the company, even if no contract has been signed, it is considered to be an establishment of labor relations. Wage slips can be provided, and these things go to the labor bureau to sue him.

If you have not signed a labor contract, the company has been suspected of violating the law, and you should be compensated accordingly.

In addition, if you resign without signing an employment contract, the employer has no right to deduct any of your deposit. The Labor Contract Law stipulates that an employer cannot collect or withhold an employee's certificates, money, etc. as a guarantee or deduction, regardless of whether he or she is hired or resigned.

Therefore, if the amount of seizure is large, it is recommended to report it to the labor inspection brigade first, and if it is ineffective, file a labor arbitration lawsuit.