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Go to your local labor arbitration department to apply for labor arbitration. If the situation you state is true and there are no other circumstances in which you are at fault, then it can be said that you can definitely get your severance pay in a lump sum. In addition, if you do not sign a labor contract, in this case, the company should pay you double the salary during the time when the labor contract was not signed in time, that is, when you apply to the arbitration commission, you can apply for the reason that the company does not sign the labor contract with you, on the one hand, because the company is at fault, you can still get about half a month's economic compensation, on the other hand, because the company has not signed a labor contract with you in time, then except for the first month of your employment, you should have double salary every month thereafter.
In view of the fact that you do not have an employment contract, when initiating labor arbitration, pay attention to submitting to the arbitration commission the supporting documents that you actually have an employment contract relationship with the company, such as punch-in records, payroll slips, etc.
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Totally sure.
1.If you do not sign a labor contract, you will be given double wages according to the labor law according to your employment period, so you can go to the labor arbitration where the employer is located to apply for double wages.
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You can go to the local labor and social security bureau to sue him, which is simpler than filing a lawsuit, and can also achieve the goal.
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Legal Analysis: If the employer has not signed a contract, indicating that the employer has violated the law, the employee may announce his resignation at any time and demand that the employer pay economic compensation. Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year.
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.
Legal basis: Labor Contract Law of the People's Republic of China
Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.
Article 38 An employer may terminate a labor contract under any of the following circumstances: (1) it fails to provide labor protection or working conditions in accordance with the provisions of the labor contract; (2) Failure to promptly destroy the register and pay labor remuneration in full; (3) Failing to pay social insurance premiums for workers in accordance with 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 provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided 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 violates rules and regulations and orders an employee to perform risky work that endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.
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Summary. Hello dear, I didn't sign a contract with the boss, and after a month of work, I said that I didn't do it and left directly, and the boss didn't pay my salary.
2. If you can't communicate with your boss, you can ask the local labor arbitration department or legal aid center for help.
I didn't sign a contract with the boss, and after a month of work, I told the boss that I wouldn't do it and left directly, what should I do if the boss doesn't pay my salary.
Hello dear, and the boss did not sign a contract, after a month and the boss said that he would not do it, he left directly, and then the boss did not pay the salary, and the solution was: 1, communicate with Lao Xian Kuanban. 2. If you can't communicate with your boss, you can ask the local labor arbitration department or legal aid center for help.
Hello, dear, without signing a contract, the relationship between the rights and obligations between the worker and the employer may not be clear, so it is recommended to sign a written contract with the employer before work to clarify the rights and obligations of both parties.
First of all, you can communicate with your boss, ask why you regret not getting your salary, and ask the boss to give an explanation. In the middle of the communication process, you need to keep good evidence, such as work records, attendance records, work content, etc., to prove your work and labor compensation. <>
Secondly, if you communicate with your boss that there is no rent, you can ask the local labor arbitration department or the Legal Aid Center for help. These agencies can help you defend your rights, including asking your boss for a salary, asking for a contract, and more. If the situation is complex or involves a legal dispute, it is advisable to seek the assistance of a lawyer.
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Hello. 1. The company's behavior is obviously illegal.
2. The Labor Contract Law was implemented.
If the employer does not sign a written labor response contract in accordance with the statutory form, it will not only not circumvent the provisions of the law, but will also incur compensation. Article 82 of the Labor Contract Law stipulates that if an employer is at the same time as 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.
3. Workers who have not signed a labor contract can leave at any time, which will lead to the mobility of personnel within the enterprise, which is not conducive to the management of the enterprise system and is fatal to the corporate culture; You will not be legally liable if you leave the company without permission.
To sum up, it is recommended that you actively defend your rights and fight for double salary compensation. You can apply for labor arbitration first, and if the arbitration fails, you can file a lawsuit with the court. Take care to keep evidence of employment.
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First of all, according to the Labor Contract Law, the employer shall establish an employment relationship with the employee from the date of employment and shall conclude a written labor contract within one month from the date of return to employment.
Secondly, after establishing an employment relationship with the employee, the company should pay the corresponding labor remuneration on the salary payment date in accordance with the previous agreement, and the company's failure to perform the labor contract on the agreed salary payment date is also obviously a violation of the Labor Contract Law.
After taking into account the above circumstances, the employee may apply to the local labor arbitration department for arbitration in accordance with the Labor Contract Law, and request the employer to pay double wages during the working period and pay the salary in a timely manner.
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This is a clear arrears of wages, and he has the right to sue him.
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The landlord can go to the labor bureau with the other two resignations to file a lawsuit against him.
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Summary. Hello, it is a great pleasure to answer your questions<>
I signed a contract agreement with the boss personally, but I worked in the boss's company for four days, and I didn't want to do it too late every day, and the boss asked me to compensate. <>
Analyze <> from a personal perspective
I signed a labor contract on the first day, but I didn't want to do it the next day, so I couldn't leave directly. If you leave directly, the company can deal with it in accordance with the provisions of the contract, and you may be required to pay liquidated damages, which may even affect the <> of the new job in the future
Legal basis<>
The Labor Contract Law clearly stipulates that after signing an employment contract, it is entirely the legitimate rights and interests of the employee to resign, but the employer must be notified 30 days in advance.
I signed a contract agreement with the boss personally, but I worked in the boss's company for four days, and I didn't want to do it too late every day, and the boss asked me to compensate.
Hello, it is a great honor to answer the <> of the pure paragraph series of questions for you
I signed a contract agreement with the boss personally, but I worked in the boss's public gas distribution company for four days, and I didn't want to do it because Sakura got off work too late every day, and the boss asked me to compensate. <>
Analyze <> from a personal perspective
I signed a labor contract on the first day, but I didn't want to do it the next day, so I couldn't leave directly. If you leave directly, the company can deal with it in accordance with the provisions of the contract, and you may be required to pay liquidated damages, which may even affect the <> of the new job in the future
Legal basis<>
The Labor Contract Law clearly stipulates that after signing an employment contract, it is entirely the legitimate rights and interests of the employee to resign, but the employer must be notified 30 days in advance.
If it is convenient, you can talk about your hail situation in detail, and the teacher will give you confidential information. It will give you a detailed answer and provide you with a solution <>
If you have signed a contract agreement with the boss, then you should abide by the provisions of the agreement, and if you do not have the knowledge to abide by the agreement, then you should compensate the boss for the loss. You can negotiate with your boss to see if you can come to an agreement to ease your responsibilities.
I am Party B, and the boss asked me to compensate 10,000.
Equivalent to liquidated damages.
I signed on the first day, and then I went to work, and I used DingTalk software to punch in the company every day.
You can negotiate with your boss to see if you can come to an agreement to ease your responsibilities.
If you sue me, how much will I have to pay?
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1. You can apply for labor arbitration and require 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), overtime wages, 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, salary 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 for you, attendance records, social insurance payment records, work orders, colleague testimonies (resigned and in-service can be used), audio and video recordings or other written materials with your name and official seal or the boss's signature, etc.;
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, you will not be delayed to work in the new unit!
5. Legal basis: Article 2 of the Labor Dispute Mediation and Arbitration Law and Article 1 of the Labor Contract Law!
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You can apply for labor arbitration, provided that you collect evidence of your work, such as pay slips, clock-in records, etc.
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