Whether the company has harmed my rights and interests

You can first apply for labor arbitration and claim compensation for not signing the contract. If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract; 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 the employer violates the regulations by not entering into 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. ~！

Yes, to the local labor arbitration department; It's going to work out for you.

1. If the company has not signed a written labor contract with you, it shall pay you double wages from the second month to the 12th month from the date of employment, but you have been in the company for two and a half years, and according to the regulations of Guangdong, the statute of limitations has expired, which means that this part of the compensation will not arrive.

2. If the two parties terminate the labor relationship, the company shall pay all wages on the date of resignation of the employee in accordance with the Interim Provisions on Wage Payment. However, many places have relaxed this, allowing companies to defer payments for a period of time.

3. If you resign yourself, it is difficult to claim economic compensation.

1. According to Article 82 of the Labor Contract Law, if the employer has not signed a written labor contract within one month of the employee's employment, the employee may request the employer to pay double the salary for the employee who has not signed a written labor contract for one month;

2. According to Article 50 of the Labor Law, the employer shall not deduct the employee's salary without reason or without reason;

3. If the employer has any of the above behaviors, the employee can first complain to the labor inspection brigade of the district where the employer is located, and request the employer to sign the labor contract and pay the arrears and deducted wages;

4. If the employer refuses to make corrections, the employee can go to the labor arbitration commission of the district where the employer is located for arbitration with valid evidence and protect his rights through legal means.

Legal analysis: If the employee is seriously derelict in his duties or commits fraud for personal gain, causing significant damage to the employer, the employer has the right to terminate the labor contract and require the employee to compensate for the loss;

Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

According to the content of the Company Law of the People's Republic of China adopted at the sixth meeting of the Standing Committee of the 13th National People's Congress on October 26, 2018, acts that harm the interests of the company include abuse of shareholder rights to damage the interests of the company, abuse of the company's independent status as a legal person and limited liability of shareholders, evasion of debts, serious damage to the interests of the company's creditors, and use of related relationships to damage the interests of the company.

1. What are the consequences of the cancellation of the enterprise by a false liquidation company.

The consequence of false liquidation and deregistration of the company is that if the act of false liquidation seriously damages the interests of the company's creditors, the shareholders or liquidation team members shall be jointly and severally liable for the company's debts; where the circumstances are serious, a crime may be constituted and criminal responsibility must be borne. Article 20 of the Company Law of the People's Republic of China stipulates that shareholders of a company shall abide by laws, administrative regulations and the articles of association of the company, exercise their rights as shareholders in accordance with the law, and shall not abuse their rights to harm the interests of the company or other old shareholders; The independent status of the company's legal person and the limited liability of shareholders shall not be abused to harm the interests of the company's debtors and the exercisers. Where a shareholder of a company abuses his rights as a shareholder and causes losses to the company or other shareholders, he shall be liable for compensation in accordance with law.

Where a shareholder of a company abuses the independent status of the company's legal person and the limited liability of shareholders to evade debts and seriously harm the interests of the company's creditors, they shall be jointly and severally liable for the company's debts.

2. Whether shareholders can guarantee the company's debts.

Guarantee may be provided, but if there is no special agreement on the collateral, it can be secured by the shareholder's own property.

According to Article 20 of the Company Law, shareholders of a company shall abide by laws, administrative regulations and the articles of association of the company, exercise their rights as shareholders in accordance with the law, and shall not abuse their rights to harm the interests of the company or other shareholders; The independent status of the company's legal person and the limited liability of shareholders shall not be abused to harm the interests of the company's creditors. Where a shareholder of a company abuses his rights as a shareholder and causes losses to the company or other shareholders, he shall be liable for compensation in accordance with law. Where a shareholder of a company abuses the independent status of the company's legal person and the limited liability of shareholders to evade debts and seriously harm the interests of the company's creditors, they shall be jointly and severally liable for the company's debts.

3. Should shareholders be compensated for harming the interests of the company?

Shareholders should compensate for damage to the interests of the company.

Where a shareholder of a company abuses his rights as a shareholder and causes losses to the company or other shareholders, he shall be liable for compensation in accordance with law.

Article 20 of the Company Law stipulates that shareholders of a company shall abide by laws, administrative regulations and the articles of association of the company, exercise their rights as shareholders in accordance with the law, and shall not abuse their rights to harm the interests of the company or other shareholders; The independent status of the company's legal person and the limited liability of shareholders shall not be abused to harm the interests of the company's creditors.

Where a shareholder of a company abuses his rights as a shareholder and causes losses to the company or other shareholders, he shall be liable for compensation in accordance with law.

Where a shareholder of a company abuses the independent status of the company's legal person and the limited liability of shareholders to evade debts and seriously harm the interests of the company's creditors, they shall be jointly and severally liable for the company's debts.

1. The legal representative uses his position to facilitate the occupation of the company's assets. The legal representative of some companies also serves as the legal representative of the company's shareholders. In the course of business, the legal representative took advantage of his position to control two companies at the same time to transfer the company's external receivables into the shareholder's account.

For this reason, the company filed a lawsuit on the grounds that the legal representative had appropriated the company's funds and harmed the company's interests.

2. The company's senior management personnel use their positions to facilitate the establishment of competitive companies in the same industry. Some senior managers of companies register new companies that compete with the company they work for, and take advantage of their positions such as holding the company's seal to register the company as one of the shareholders of the new company, so as to use the goodwill of the company they work for to carry out business. The company then filed a lawsuit on the grounds that the executives had infringed on the company's rights and interests and violated the non-compete provisions.

3. The company's capital contribution to fixed assets is unclear, resulting in disputes over the attribution of its income. Some directors of the company returned the income from the company's fixed assets to the company's shareholders as receivables without authorization. The company believes that the fixed assets are the capital contribution of the shareholders, the proceeds should belong to the company, and the actions of the company's directors belong to the company's property; The directors of the company believe that the shareholders did not contribute capital with fixed assets, but only lent them to the company, so the income belongs to the shareholders' property.

4. The shareholders of the company reached a guaranteed fixed return agreement and were accused of infringing the company's property. In the case of a company with only two shareholders, one shareholder undertakes to give up the right to operate the company in exchange for the other shareholder, who is solely responsible for the operation of the company, to pay him a fixed return of income on the basis of the company's property every year. Subsequently, all the shares of the company were transferred, and the new shareholders believed that the above-mentioned agreement was a guaranteed fixed return type guarantee clause and should be invalid according to law, so they sued the original shareholder to return the property of the company.

5. The company's legal representative improperly performs his duties and damages the interests of the company. After the legal representative of the company has a conflict with other shareholders, he refuses to cooperate with the company's annual inspection, and obstructs the company's resolution to produce a new legal representative, resulting in the company missing the annual inspection and being punished by the administrative organ. The company believed that the legal representative's actions had harmed the interests of the company and sued him for damages.

Legal analysis: The consequence of damaging the interests of the company is that Tongsu must bear the liability for compensation, which seriously constitutes the crime of embezzlement. If a shareholder abuses the rights of a shareholder and harms the interests of the company or other shareholders, he or she shall be liable for compensation in accordance with the law.

If a shareholder abuses the company's independent status as a legal person and the limited liability of shareholders to evade debts and seriously harm the interests of the company's creditors, he shall be jointly and severally liable for the company's debts. If the controlling shareholder of the company damages the interests of the company by taking advantage of its affiliated relationship, it shall be liable for compensation; If a shareholder takes advantage of his position to illegally take possession of the company's property, and the amount is relatively large, it will constitute the crime of embezzlement.

Legal basis: Article 83 of the Civil Code of the People's Republic of China A for-profit legal person's investors shall not abuse the rights of the investors to harm the interests of the legal person or other investors; Where the rights of investors are abused and losses are caused to legal persons or other investors, civil liability shall be borne in accordance with law.

The investors of for-profit legal persons shall not abuse the independent status of the legal person and the limited liability of the investors to harm the interests of the creditors of the legal person; Where the independent status of a legal person and the limited liability of investors are abused to evade debts and seriously harm the interests of the legal person's creditors, they shall be jointly and severally liable for the debts of the legal person.