Labor arbitration questions for answers, labor arbitration questions, kneel and beg the gods

Hello. According to the Labor Contract Law, the employer shall sign a written labor contract within 30 days from the date of employment of the employee, and if the employee fails to sign it, the employee may request double the labor wage.

from the second month onwards);

The employer shall pay social insurance for the employee in accordance with the law, and shall pay the labor remuneration in full and immediately immediately, otherwise the employee may terminate the labor contract and demand economic compensation.

Compensation standard: one month's salary for more than half a year and less than one year;

Since you have not signed a labor contract, you should apply for labor arbitration as evidence of the de facto labor relationship with the employer.

The existence of the materials that can be proven: salary card or salary list, work certificate, person card, etc., because you have a salary card, as long as you have this, no need to record, but it is better; It is your right to find a lawyer, you can find it or not, but finding a lawyer can better protect your rights and interests;

For employers who don't need to pay social insurance, I would like to give you a few suggestions. First of all, seek mediation from the union or a third party, if you can, it will not hurt you and solve it quickly. In addition, if the employer complains to the labor inspection department where the employer is located, once it is verified that the employer does not pay social security premiums without reason, the labor administrative department will order the employer to pay them; If this is not possible, the labor arbitration shall be filed with the labor dispute arbitration commission.

Yes, if you can prove that you actively asked for a contract and your boss refused, you can also ask for double pay.

From August '19 to April this year, a total of eight months of double pay.

It is possible to apply for labor arbitration.

Failure to sign an employment contract will have the following consequences:

The employer needs to bear the responsibility for not signing the labor contract, and even if the labor contract is subsequently signed, it cannot be exempted from the liability for not signing the labor contract. In the case of a labor dispute without signing an employment contract, it is usually necessary to provide other evidence to prove the de facto employment relationship between the employee and the employer.

If the employer and the employee fail to sign the labor contract within one month, they do not need to pay compensation for this, and the signing of the labor contract within one month is the legal time limit for the employer and the employee to negotiate and sign the labor contract as stipulated in the Labor Contract Law.

If the employer does not sign the labor contract with the employee for more than one month, the employer is in violation of the provisions of the Labor Contract Law, and the employee may terminate the labor contract in accordance with Article 38 of the Labor Contract Law and require the employer to pay compensation.

If a written labor contract has not been concluded with the employee for more than one month but less than one year from the date of employment, the employee may request payment of twice the monthly salary from the second month.

If the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it shall pay the employee twice the monthly salary in accordance with 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 shall be deemed to have concluded an indefinite labor contract with the employee on the date of one year from the date of employment, and shall immediately conclude a written labor contract with the employee.

The limitation period for applying for arbitration of labor disputes is 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.

No contract was signed.

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 an employer illegally terminates a labor contract, it may claim economic compensation, which is twice the amount of economic compensation. Sixth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly to the labor arbitration commission where the unit is located to file labor arbitration.

An employment contract has been signed.

In the event of a dispute, it is recommended to negotiate first, and if the negotiation fails, you can collect evidence, file a complaint with the labor inspection department, or apply for labor arbitration. 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.

You go to the court where the shopkeeper is registered to sue the shopkeeper for payment of the unpaid wages. If you do not currently have favorable evidence, the lawsuit is unfavorable. Since March 15, 2014, the State Administration for Industry and Commerce has only required ** to register for industry and commerce, and the relationship between you and the shopkeeper is an employment relationship, and there is no illegal employment.

As for those who say something false in the employment, they will be held liable according to their fault.

First, the issue of wages. If he gives it on April 15, it won't be a big problem. But he had to write a note explaining it.

2. Compensation. If you have worked for less than six months, you can ask for half a month's salary.

Collect as much evidence as possible, and apply for arbitration to win the case.

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.

I took a look at it, and the request for labor arbitration in it will not be paid in full First of all, overtime wages and labor arbitration only support less than one year, and annual leave is within the scope of the management of the labor administrative department, and your above economic compensation must be unilaterally terminated by the unit, because the labor contract has not expired, and you need to be compensated twice, right?

You can go to the labor bureau to complain, it is very simple and fast, it is best to solve the matter directly through labor arbitration! It is completely possible to win the case. You can apply at any time, free of charge.

1. The unit seriously violates the law, and the Labor Contract Law stipulates that a labor contract should be signed within one month of establishing a labor relationship.

2. Because of the illegal behavior of the unit, you can resign at any time and ask the employer to pay you economic compensation, double salary, supplementary insurance, etc.

3. It is a labor dispute, you should file for labor arbitration as soon as possible, you do not need to bear any responsibility, and you can leave your job at any time. The employer does not have the right to garnish any wages.

4. Collect some evidence that can prove that you have an employment relationship with this unit, such as work cards, salary cards, attendance records, etc.

Legal basis. 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.

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.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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.

According to the Labor Contract Law. Filing for wages, compensation, insurance, etc.

It is possible to apply for unemployment compensation.

Although there is no appraisal of the employment contract, but the employment relationship is actually formed, and your arrears of wages can be resolved by labor arbitration.