Every time the company signs any contract with an individual, how does the company claim compensatio

First, the labor relationship is determined through labor arbitration.

Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations

Labor and Social Security Departments (Bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government:

Recently, some localities have reported that some employers do not sign labor contracts when recruiting workers, and when labor disputes arise, it is difficult to determine the labor relationship between the two parties, making it difficult to safeguard the legitimate rights and interests of employees, which has an adverse impact on the harmony and stability of labor relations. In order to standardize the employment behavior of employers, protect the legitimate rights and interests of workers, and promote social stability, the following notice is hereby given on matters related to the establishment of labor relations between employers and workers:

1. The employment relationship shall be established if the employer recruits a worker without entering into a written labor contract, but at the same time meets the following circumstances:

1) The employer and the worker meet the entity qualifications prescribed by laws and regulations;

2) The labor rules and regulations formulated by the employer in accordance with the law shall apply to the workers, and the workers shall be subject to the labor management of the employer and engage in paid labor arranged by the employer;

3) The labor provided by the worker is an integral part of the employer's business.

2. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;

4) Attendance records;

5) Testimony of other workers, etc.

Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

3. If the employer recruits a worker in accordance with the circumstances specified in Article 1, the employer shall sign a supplementary labor contract with the employee, and the term of the labor contract shall be determined by both parties through consultation. If there is no agreement through negotiation, either party may propose to terminate the employment relationship, but for the employee who meets the conditions for signing an indefinite-term labor contract, if the employee proposes to conclude an indefinite-term labor contract, the employer shall conclude it.

If the employer proposes to terminate the labor relationship, it shall pay the employee one month's salary for each full year of service in the employer.

4. Where an employer such as a construction or mining enterprise contracts out a project (business) or management right to an organization or natural person that does not have the qualifications of an employing entity, the employer with the qualifications of an employing entity shall bear the responsibility for employing the laborers recruited by the organization or natural person.

5. If a dispute arises between the employee and the employer over the existence of an employment relationship, he or she may apply to the labor dispute arbitration commission with jurisdiction for arbitration.

25 May 55.

Double wages should be paid each month; Make up your social security contributions.

If you do not have an employment contract, you can claim double wages in accordance with the implementing regulations of the Labor Contract Law. Please refer to Article 6 of the Regulations for the Implementation of the Labor Contract Law.

The insurance can be paid for you by the company.

Compensation should be made. I won't cite specific legal provisions. Know a lot of problems in situations similar to yours. I've answered this before, so find out for yourself.

Summary. Hello, I am glad to answer for you, if the labor contract is terminated by the employer after the agreement of both parties, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year according to the employee's working years in the unit, up to a maximum of 12 months, and if the working time is less than one year, the compensation shall be paid according to the standard of one year 2. The labor contract is terminated due to the employee's illness or non-work-related injury, and the labor appraisal committee confirms that he cannot engage in the original job or engage in the work arranged by the employer. The employer shall pay severance equivalent to one month's salary for each full year of service in the employer, and shall also pay medical subsidies of not less than six months' salary. In the case of serious illness and terminal illness, the medical subsidy fee should also be increased.

The increase in the amount of medical allowance shall not be less than 50% for serious illness and not less than 100% of the medical allowance for terminal illness.

Hello, I am glad to answer for you, if the employer terminates the labor contract after the parties agree through negotiation, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year according to the employee's working years in the unit, up to 12 months, and the compensation shall be paid according to the standard of one year if the working time is less than one year 2. The worker is sick or injured not due to work, and the labor appraisal committee confirms that he cannot engage in the original job. If the employer fails to perform the work arranged by the employer and the labor contract is terminated, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of service with the employer, and shall also pay a medical subsidy of less than six months' salary for each full year of service with the employer. In the case of serious illness and terminal illness, the medical subsidy fee should also be increased. The increase in the amount of medical allowance shall not be less than 50% for serious illness and not less than 100% of the medical allowance for terminal illness.

Can you tell us more about that?

If the employer suffers losses due to the termination of the labor contract in violation of regulations or agreements, the employer shall be compensated for the losses. The Measures for Compensation for Violations of the Labor Law and the Provisions of the Labor Contract specifically stipulate the losses to be compensated by the employee: 1. The employer recruits and employs the expenses paid by the employee; 2. The training fees paid by the employer shall be handled according to the agreement if otherwise agreed by the two owners; 3. Direct economic losses caused to production, operation and work; 4. Other compensation expenses agreed in the labor contract.

The above is the relevant content of the company's non-compliance with the labor law compensation standard for you. The company does not include both economic and compensation liability in accordance with the labor law. In the case of judicial practice, compensation should be held in accordance with the corresponding standards.

The subject is still a very thoughtful person, but you can't argue for double pay on this basis.

First of all, the law clearly stipulates that liquidated damages are not allowed to be agreed on in other circumstances, except for the non-compete circumstances and special training circumstances stipulated in Article 25 of the Labor Contract Law. Your company's labor contract stipulates that "resignation must be submitted three months in advance of the intention to resign, and if the contract is breached, two months' salary must be paid to the company." This is quite a disguised agreement that the liquidated damages are two months' salary, and the law will not support it, so this clause is invalid.

The law stipulates that if part of the contract is invalid and does not affect the validity of the other parts, the other parts are still valid. Therefore, the employment contract is still valid.

If the company deducts your salary according to the provisions of the labor contract, you can see if you can directly file a labor arbitration on the grounds that the company has deducted your salary according to the provisions of the labor law, and then leave your job directly. If the company does not deduct your salary and does not violate the provisions of Article 38 of the Labor Contract Law, then you will either leave after one month or leave directly, but if you leave directly, you need to bear the corresponding responsibility for the losses caused to the company. Hope.

Summary. Hello dear! We are glad to answer for you, how to compensate for the company's agreement to lose money in accordance with the labor contract law:

According to the Labor Contract Law, if an employer violates the provisions of the labor contract, it shall bear the liability for breach of contract and pay liquidated damages. The amount of liquidated damages shall be determined according to the agreement between the parties or the losses suffered by the employee due to the employer's breach of contract. If there is no agreement between the parties, or the agreement is not clear, the amount of liquidated damages shall be calculated and determined according to the losses suffered by the employee due to the employer's breach of contract.

Hello dear! We are glad to answer for you, how to compensate for the company's agreement to lose money according to the Labor Contract Law: According to the "Labor Contract Law", when the employer violates the labor contract, it shall bear the liability for breach of contract and pay liquidated damages.

The amount of the amount of the breach of contract shall be determined in accordance with the agreement of both parties, or on the basis of the loss and premature loss suffered by the employee due to the employer's breach of contract. If there is no agreement between the parties, or the agreement is not clear, the amount of liquidated damages shall be calculated and determined according to the losses suffered by the employee due to the employer's breach of contract.

What are the specific compensation for the company's repatriators?

1. Severance compensation: According to the provisions of the Labor Law, the dismissed employee shall pay a certain amount of severance compensation every month, and the specific amount shall be determined by the local labor administrative department according to the actual local situation. 2. Social insurance subsidy:

Employees who have been dismissed can apply for social insurance subsidies, and the amount of subsidies shall be determined by the local social insurance department according to the actual situation of the place of transportation. 3. Employment subsidy: Employees who have been dismissed can apply for employment subsidy, and the amount of subsidy shall be determined by the local employment service department according to the actual local situation.

4. Vocational skills and training subsidy: Employees who are dismissed can apply for vocational skills training subsidies, and the subsidy amount shall be determined by the local vocational skills training department according to the actual local situation.

Summary. If the employer fails to sign a contract with the employee for more than one month from the date of employment, the employee may request the employee to pay double wages, but up to 11 months; If the employee resigns because the employer has one of the circumstances stipulated in Article 38 of the Labor Contract Law, the employer is also required to pay economic compensation.

I have not signed a labor contract with the company, I resigned, and the company demanded compensation, is the company's claim valid?

If the employer fails to sign a contract with the employee for more than one month from the date of employment, the employee can require the employee to pay double wages, but up to 11 months; If the worker resigns because the employer has one of the circumstances under Article 38 of the Labor League Contract Law, the employer is also required to pay economic compensation.

Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China 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. If the employer violates the provisions of this Law by not entering into an indefinite-term labor contract with the employee, it shall pay the laborer a monthly salary of the second type from the date on which the indefinite-term labor contract should be concluded.

This argument is not true, and the company needs to compensate the workers.

Dear, this is a question, well, what kind of question paper are you doing?

Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China 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. If the employer violates the provisions of this Law by not entering into an indefinite-term labor contract with the employee, it shall pay the laborer a monthly salary of the second type from the date on which the indefinite-term labor contract should be concluded.

A registered capital of 10 million yuan, A, B and C respectively hold shares, three rents of the Qingren capital contributions have been paid in place, after A wants to withdraw from the company, and the original price of the proposed to recover the capital contribution, B C agreed, A company then paid 1.5 million yuan to A. Q: Can Company A request Company A to return its capital contribution?

It's hard to do homework. As long as both parties agree to return A's capital contribution, if one party does not agree, it cannot be returned.

If the employer fails to conclude a written labor contract with the employee for one year from the date of employment, it shall pay the employee twice the monthly salary in accordance with the provisions of Article 82 of the Labor Contract Law from the day after the expiration of one month from the date of employment to the day before the expiration of one year, and it shall be deemed that an indefinite labor contract has been concluded with the employee on the date of one year from the date of employment.

How should the company compensate for not signing a contract with the employee:

Labor Contract Law of the People's Republic of China

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.

There are two main situations in which an employment contract is not signed:

1) There is a de facto employment relationship, but the employer deliberately does not sign the labor contract;

2) After the expiration of the labor contract, the employer deliberately fails to renew the labor contract in a timely manner.

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. 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 be concluded. If an employee voluntarily resigns from the employer, there is no compensation, and the employee shall be compensated for his resignation in accordance with Article 38, and it is the responsibility of the employer not to sign a contract with the employee, and collect evidence to prove that the employee works for the employer, such as witnesses, testimony salary cards, etc., and when the employer dismisses the employee or the employee resigns, it may request the payment of double wages in accordance with Article 82 of the Labor Contract Law, and the payment of severance and supplementary insurance in accordance with 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;

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 under which the labor contract may be terminated by laws and administrative regulations.

1] Article 82 of the Labor Contract Law of the People's Republic of China.

2] Article 38 of the Labor Contract Law of the People's Republic of China.