Whether it is unjustified labor resistance in labor arbitration

Hello, why don't you go through the leave procedures?

Generally, when the employer is unable to pay wages on time and needs to delay it for a period of time, it shall issue a general announcement stating the reasons and providing necessary proofs.

In addition, I have another question for you: I have worked in a company in Sichuan for more than ten years (from 97 to this year), what method can I use to prove that my years of service are valid?

Are you covered by social insurance? Proof of enrollment is the best evidence of seniority.

Article 50 of the Labor Law: Wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Unreasonable delay: The employer fails to pay the employee's wages beyond the prescribed time for payment without justifiable reasons.

Circumstances that do not fall under the category of unjustified wage arrears:1The employer is unable to pay wages on time due to natural disasters, wars and other reasons that are beyond human resistance; 2.

However, due to difficulties in production and operation and the impact of capital turnover, an employer may, with the consent of the labor union of the unit, postpone the payment of wages to the employee, and the maximum limit of the extension period may be determined by the labor administrative department of each province, autonomous region or municipality directly under the Central Government in accordance with the local situation.

So, in my opinion: notice without union consent is invalid, and failure to notify is illegal.

It's good, it's good, hehe.

There is no fee for labor arbitration.

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.

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

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Article 21 The Labor Dispute Arbitration Commission shall be responsible for the jurisdiction of labor disputes occurring in the region.

Labor disputes shall be under the jurisdiction of the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located. If both parties apply for arbitration to the labor dispute arbitration commission at the place where the labor contract is performed and the place where the employer is located, the labor dispute arbitration commission at the place where the labor contract is performed shall have jurisdiction.

Article 27 The limitation period for applying for arbitration of labor disputes shall be one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.

Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

Article 28 The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents.

The statement of claim for arbitration shall contain the following particulars:

1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;

2) the claim for arbitration and the facts and reasons on which it is based;

3) Evidence and evidence**, names and addresses of witnesses.

If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party.

First go to the labor inspection to report and ask for the conclusion of the investigation, and then apply for labor arbitration, labor arbitration is free, in addition, there is no need to hire a lawyer for a simple labor dispute, you need to provide evidence, ID card, labor relationship certificate (labor contract or work permit). Write a Statement of Claim for Arbitration. Take a look at the Labor Law, the Labor Contract Law, and the Labor Dispute Mediation and Arbitration Law.

If you apply for arbitration, you should submit a Statement of Request for Arbitration and relevant evidence.

Labor arbitration is free of charge.

It is not necessary to hire a lawyer to litigate, but to hire a lawyer to better and comprehensively defend your rights in the legal aspect.

Lawyer Chen Yan.

There are two types of labor arbitration, individual arbitration and collective arbitration. The materials you need to prepare to apply for arbitration include: ID card, labor contract, notice or certificate of termination of labor relationship by the company, salary history for the past 12 months, social security payment records, and credit network information of the company you work for.

Labor arbitration refers to the mediation and adjudication of labor disputes by the labor dispute arbitration commission on the arbitration of the parties. In China, labor arbitration is a necessary procedure for parties to a labor dispute to file a lawsuit in the people's court. According to the Labor Dispute Mediation and Arbitration Law, the party initiating labor arbitration shall submit a written application to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute.

Unless the parties apply for arbitration due to force majeure or other justifiable reasons, the arbitration commission shall not accept the application if the time limit for arbitration has expired as prescribed by law.

If the enterprise breaches the contract, go to the labor arbitration department to sue the enterprise, and when you provide the corresponding evidence, the arbitration company will give you the compensation you believe.

That is, if an enterprise or a public institution has problems with employees, such as labor and management issues, if they cannot be resolved, they can apply to the labor department (labor bureau) for labor arbitration (i.e., make a labor dispute adjudication).

Hello, if the negotiation fails, apply for labor arbitration to claim compensation.

Labor arbitration is the basic system for handling labor disputes, that is, labor disputes are handled by the labor and personnel dispute mediation and arbitration commission.

Article 2 of the Law on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

As with court decisions, the law has the effect of law.

Handling labor-related disputes.

Article 38 of the Labor Contract Law The employee may terminate the 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;

On the issue of the time when the employee terminates the labor contract:

1) Immediate termination: If the employer forces the employee to work by means of violence, threat or illegal restriction of personal freedom, or if the employer violates the rules and regulations and orders the risky work that endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

2) Three days' notice of the probationary period: probationary period.

3) Others: 30 days in advance. Article 37 of the Labor Contract Law:

The employee may terminate the labor contract by notifying the employer in writing 30 days in advance. Article 50: Workers shall handle the handover of work in accordance with the agreement between the two parties.

Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.

Outcome**. 1) Failure to give 30 days' notice and fail to handle the work handover is not a situation of deducting arrears of wages without reason. As a result, wages are paid after the handover. First, the request for retroactive payment of August wages was dismissed.

2) 2 times the salary from May to September.

3) As for financial compensation, it depends on what your reason for resignation was. If the employee submits his resignation on the grounds of non-payment of social insurance, it will be supported; If the employee submits his resignation for other reasons, it shall be rejected.

4) Supplementary payment of social security, support.

From May 1, 2008, labor dispute arbitration is all free of charge, when the worker and the employer have a labor dispute, apply for labor dispute arbitration, labor disputes mainly include: salary, overtime pay, labor relations, dissolution and termination of labor relations and other aspects of the dispute, China currently implements a two-instance system, the arbitration is not satisfied with the court can appeal, after the arbitration takes effect, the respondent does not perform, can apply to the court for enforcement.

It's not free, but it's a lot less expensive than litigation. Generally, cases that need to be resolved in a short time can be brought to the Labor Arbitration Bureau.

Labor disputes must first apply for labor arbitration, and cannot be directly sued in court. Only after arbitration, if you are still not satisfied, you can file a lawsuit at this time.

If an agreement is reached through mediation in a labor dispute, the parties shall perform it. If a party to a labor dispute is dissatisfied with the arbitral award, it may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. If one party does not file a lawsuit and fails to perform the arbitral award within the statutory time limit, the other party may apply for compulsory enforcement.

The term "unjustified arrears" as mentioned in Article 18 of the Provisions refers to the failure of an employer to pay an employee's wages beyond the prescribed time for payment without justifiable reasons. It does not include: (1) the employer is unable to pay wages on time due to natural disasters, wars and other reasons that are beyond human resistance; (2) If an employer is truly affected by production and operation difficulties and capital turnover, it may, with the consent of the labor union of the employer, temporarily postpone the payment of wages to the employee, and the maximum limit of the extension period may be determined by the labor administrative department of each province, autonomous region or municipality directly under the Central Government in accordance with the local situation.

In all other cases, wage arrears are unjustified.

From this, it can be seen that it is not the boss who has the final say on whether the management is good or not.

If it is really difficult to operate, why do you pay wages to other employees? In this case, you can leave your job, and if you go to arbitration, you will say that you have not paid it to other employees, which is up to 8 months, which is a long time and can be determined as arrears.

If the payroll cycle is not more than one month, it is not considered unexcused arrears.

The fact that the capital turnover is ineffective must be determined by the judicial department, and the company cannot claim that the capital turnover is ineffective in business difficulties, and it is illegal to refuse to pay wages on this ground. You can apply for labor arbitration to recover your unpaid wages.

Voluntary resignation can also apply for the company to pay you a salary, but this will be very troublesome, so the factory has factory rules to abide by, and you have to serve other people's bowls, although you can appeal but you also know, the company will not be afraid.

It's absenteeism! Kuang is theoretically three days! Do not give wages want to labor arbitration reaction.

Answer: Voluntary resignation can also apply for the company to pay you a salary, but this will be very troublesome, so the factory has factory rules to abide by, and you have to obey the other people's bowls, although you can complain but you also know, the company will not be afraid.

The number of consecutive absenteeisms is not specified in the labor law, and it is mainly designated according to the actual situation of the enterprise.

The statute of limitations for applying for labor arbitration is one year, which begins to run from the date on which the right was known or should have been known.

1 year, one year is counted from the date of termination of the labor relationship, that is, you apply for labor arbitration within one year after you leave the company, and the statute of limitations has expired after one year. In your case, the pension insurance and medical insurance can be paid in full by the company, and the overtime pay can only be postponed by 12 months, and the statute of limitations has expired if the time is exceeded. Because the court held that the company did not pay you overtime, you should know your rights

1. Social insurance issues can be complained to the social insurance office;

2. Overtime pay can be claimed. There is no expiration time.

3. Compensation for illegal termination of labor relations may be claimed.

Lawyer Wei Feng.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (II).

Article 1 The people's courts hearing labor dispute cases shall be deemed to be "the date on which the labor dispute arises" as provided for in Article 82 of the Labor Law in the following circumstances:

1) If the employer can prove that it has notified the employee in writing of the refusal to pay wages in a dispute over the payment of wages arising during the existence of the labor relationship, the date on which the written notice is served shall be the date on which the labor dispute arises. If the employer cannot prove it, the date on which the employee claims his rights shall be the date on which the labor dispute arises.

2) In the event of a dispute arising from the dissolution or termination of the labor relationship, and the employer cannot prove the time when the employee received the written notice of the dissolution or termination of the labor relationship, the date on which the employee claims his rights shall be the date on which the labor dispute arises.

3) In the case of disputes over the payment of wages, economic compensation, welfare benefits, etc., arising after the dissolution or termination of the labor relationship, if the worker can prove that the employer promised to pay the payment on a specific date after the dissolution or termination of the labor relationship, the date on which the employer promised to pay shall be the date on which the labor dispute arises. If the employee cannot prove it, the date on which the labor relationship is dissolved or terminated shall be the date on which the labor dispute arises.

Article 2 In the case of a dispute over arrears of wages, where the labor relationship still exists when the employee applies for arbitration, and the employer claims that the employee will not pay the payment on the grounds that the employee has applied for arbitration for more than 60 days, the people's court shall not support it. However, the employer can prove that the employee has received a written notice of refusal to pay wages.

Article 3 Where a worker directly files a lawsuit with the people's court on the basis of the employer's wage IOU, and the litigation claim does not involve other disputes in labor relations, it shall be regarded as a dispute over arrears of labor remuneration and shall be accepted as an ordinary civil dispute.

Supplement: Can provide written evidence or testimony from colleagues.

You can also add that the employer refuses to sign the labor contract and does not participate in social insurance.

The following is the "Labor Arbitration Network":