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You can file for labor arbitration.
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The boss's practice is illegal, collect evidence and go to the labor inspection brigade to complain to the employer or apply for labor arbitration.
In accordance with the Labor Contract Law
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.
If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.
Article 83 Where an employer violates the provisions of this Law by agreeing on a probationary period with a worker, the labor administrative department shall order it to make corrections; If the probationary period has been fulfilled in violation of the law, the employer shall pay compensation to the employee according to the period that has been performed beyond the statutory probationary period, based on the employee's monthly salary at the end of the probationary period.
Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable
1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;
2) Paying wages to workers at a rate lower than the local minimum wage standard;
3) arranging overtime work without paying overtime pay;
4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
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Summary. Kiss. Hello, let you wait anxiously, I am happy to answer for you, the following is the answer I gave to your question, you can not sign a labor contract and arrears of wages, workers can complain to the local labor bureau, ask the labor administrative department to give them a warning and punishment, and pay double wages for all time more than one month and less than one year; If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law.
I didn't sign a contract when I entered the factory, and now the boss hasn't paid me a salary for a year, can I sue the Labor Bureau?
Dear, hello, I am inquiring about information for you, the number of people who consult, please be patient for a while, I will reply to you immediately.
Kiss. Hello, let you wait anxiously, I am happy to answer for you, the following is the answer I gave to your question, you can not sign a labor contract, and the employee is in arrears of wages, you can complain to the local labor bureau, ask the labor administrative department to give him a warning and punishment, and pay double salary compensation for all the time that is more than one month and less than one year; If the employer is in arrears or fails to pay the full amount of labor remuneration, the worker may apply to the local people's court for a payment order in accordance with the law.
I hope the above is helpful to you, if you are still satisfied with me, please give a like, and if you still have questions, continue to ask me.
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Hello, you can file a complaint with the Labor Inspectorate. And double pay can be claimed. Legal basis: Article 82 of the Labor Contract Law: If an employer fails to conclude a written labor contract with an 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.
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How long did it take? Call the labor bureau **, you must give it, if you don't sign a contract and it's illegal, you have to give it even if you work for a day!
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There's no way you left voluntarily, no wonder the factory. If there is any problem, you can only leave after the person in charge of the factory signs, not that you can leave without saying that you can also pay your salary. The factory is not chaotic, and there is no discipline.
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As long as there is a record of clocking in and out, you must be paid.
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Do you have a clock-in record? There is also a job registration.
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The employer shall settle the wages according to the attendance, and the employee may protect his or her rights through labor dispute arbitration.
According to Article 9 of the Interim Provisions on Payment of Wages issued by the Ministry of Labor, the employer shall pay the employee according to the terms of attendance when dissolving or terminating the labor contract.
Pay the employee's salary in one lump sum.
If the employer does not pay the wages and remuneration to the employee, the employee shall collect evidence of the actual labor relationship, seek help from the labor inspectorate, and may also protect his rights through labor dispute arbitration.
According to Article 2 of the Notice of the Ministry of Labor on Matters Concerning the Establishment of Labor Relations (Labor Law [2005] No. 12), for the confirmation of a de facto labor relationship, the following documents or records (employee wage payment roster) and records of payment of various social insurance premiums can be referred to; "Work Permit", "Service Certificate" and other documents issued by the employer to the employee that can prove the employee's identity; Recruitment records such as the "registration form" and "registration form" filled in by the employee; attendance records; Testimonies of other workers, etc. Among them, the employee shall provide evidence of the work permit, service certificate and other documents that can prove the identity and witness testimony, and the employer shall provide the rest.
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You can go to the local labor bureau and file a complaint with the labor inspectorate!
You should be paid your salary.
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It doesn't matter if you don't have a contract.
It is sufficient to prove that a de facto employment relationship has been formed with the company.
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.
Question: I'm an internal security officer, and then I went to them and asked for it, and they told me to go to the security company, and this place was directly recruited by the security company, and I was recruited directly, and now I asked them to ask me to find a security company, which means that they don't recognize me as a direct recruit.
They don't admit it. Go to arbitration and get paid.
The question group and everything have blocked me, there is no screenshot voucher, there are chat records with other colleagues, I have only been doing it for 11 days, there is no record of paying wages, there is no work card, and now there is evidence that the chat records with colleagues prove that I have done something there.
You can still see the previous chat history when you block it.
There is a check-in registration information for the question.
If you can prove it, you can go to the arbitration bureau when the time comes.
They won't give it anyway if you negotiate with them.
Of course, it would be best if it could be negotiated.
Question: What do I need to apply for labor arbitration?
Write down your appeal and send it on.
Then come to us as required, fill in the needs on our side, and then go to the arbitration bureau to confirm that I don't know if you need it.
If not, then you need to consult with the Arbitration Bureau.
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If the employee of the enterprise is sick and does not sign a labor contract and is paid, the worker can enjoy the medical treatment period in accordance with the law, and the sick leave pay, sickness relief fee and medical treatment of the employees of the enterprise during the medical treatment period shall be implemented in accordance with the relevant regulations.
Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises".
Article 3 When an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, he or she shall be given a medical treatment period of three to 24 months according to his actual working years and the number of years he has worked in the unit
1) Where the actual working experience is less than 10 years, three months for those who have worked in the unit for less than 5 years; Six months for more than five years.
2) Where the actual working experience is more than 10 years, the working experience in the unit is less than 5 years, and 6 months is the actual working experience; 9 months for those between five and ten years; 12 months for between 10 and 15 years; 18 months for between 15 and 20 years; 24 months for more than 20 years.
Article 4 Where the medical treatment period is three months, the cumulative sick leave time within six months shall be calculated; 6 months is calculated based on the accumulated sick leave time within 12 months; Nine months shall be calculated as the accumulated sick leave time within 15 months; 12 months shall be calculated as the accumulated sick leave time within 18 months; 18 months shall be calculated based on the accumulated sick leave time within 24 months; 24 months shall be calculated based on the accumulated sick leave time within 30 months.
Article 5 During the period of medical treatment, the sick leave pay, sickness relief expenses, and medical treatment of the employees of an enterprise shall be implemented in accordance with the relevant regulations.
Article 6 If an employee of an enterprise is disabled not due to work or is found by a doctor or a medical institution to be suffering from an illness that is difficult to achieve, and the medical treatment is terminated during the medical treatment period, and he is unable to engage in his original job or the work arranged by the employer, he or she shall terminate the labor relationship, go through the formalities for retirement or resignation, and enjoy the benefits of retirement and resignation; If the employee is assessed as grade 5 to 10, the labor contract shall not be terminated during the medical treatment period.
Article 7 If an employee of an enterprise is disabled not due to work or is found to be suffering from a disease that is difficult to improve by a doctor or medical institution, and the medical treatment period expires, the labor appraisal committee shall conduct an appraisal of his or her working ability with reference to the appraisal standards for the degree of disability caused by work-related injuries and occupational diseases. Those who have been appraised as level 1 to 4 shall withdraw from their labor positions, terminate their labor relations, go through the formalities for retirement or retirement, and enjoy retirement and retirement benefits.
Article 8 For those who have not recovered after the expiration of the medical treatment period, the issue of economic compensation for the termination of the labor contract shall be implemented in accordance with the relevant regulations.
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If you are paid, you will be within the medical treatment period. If the unit does not give you a complaint, call 12333.
The following evidence can prove the existence of an employment relationship between the employee and the employer; (1) Application registration form, employment registration form, employment notice, interview notification SMS, etc. (2) Work clothes, access cards, brands, work permits, technical certificates, professional certificates and other documents that can prove the identity of the job. (3) Payroll, salary income certificate (signed by the accountant), social insurance record, enterprise annuity certificate, housing provident fund or other salary payment records, etc. (salary payment is negligible in cash). >>>More
1. In the absence of a signed labor contract, other evidence that can prove the labor relationship shall be collected to claim compensation from the company; >>>More
This situation needs to be dealt with in different situations. First of all, if the person's critical illness is an occupational disease, then it can be subject to the relevant provisions of the Regulations on the Management of Work-related Injuries. Treat it as a work-related injury. >>>More
1. Economic compensation shall be paid to the worker according to the number of years of service in the unit and the standard of 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. The monthly wage referred to here refers to the average salary of the employee in the 12 months prior to the termination or termination of the labor contract, which is calculated according to the salary payable. >>>More
If the employee has not signed a labor contract with the employer, as long as there is an actual labor relationship between the employee and the employer, then when the employee terminates the labor relationship with the employer, the employer needs to settle the employee's salary, and the employee's salary can be calculated according to the actual salary received. However, if the employee leaves voluntarily, the employer can deduct part of the employee's incentive treatment as a punishment. >>>More