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Wages must be settled, layoffs are the termination of labor contracts, and Article 9 of the Interim Provisions on Payment of Wages provides a lump sum payment of wages. If personnel are needed, priority will be given to hiring redundant employees. Non-payment of wages, the Human Resources and Social Security Bureau complained.
Labor Contract Law.
Article 41: Economic layoffs.
In any of the following circumstances, where it is necessary to lay off 20 or more employees, or less than 20 but accounting for more than 10% of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or employees, the employer may reduce the number of employees after reporting the personnel reduction plan to the labor administrative department: (1) reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law; (2) Serious difficulties occur in production and operation; (3) Where it is still necessary to lay off personnel after the labor contract has been changed after the enterprise has changed its production, major technological innovation or adjustment of its business mode; (4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based. When reducing personnel, priority shall be given to retaining the following personnel:
1) Entering into a fixed-term labor contract with the unit for a longer period of time; (2) Entering into an indefinite labor contract with the unit; (3) There are no other employed persons in the family, and there are elderly or minors who need to be supported. Where an employer lays off personnel in accordance with the provisions of the first paragraph of this Article and rehires personnel within six months, it shall notify the personnel who have been laid off and give priority to the personnel who have been laid off under the same conditions.
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Yes, the employer should settle the salary, but it is also possible to agree on a time to settle the salary, and it is best to have the employer write a written notice about the time for the settlement of the salary.
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If the company is laying off employees and not paying them, then you can take the following steps:
Communicate with the company's management. First of all, you can file a complaint with the company's management and ask why the company did not pay you. You can explain your situation and your rights, and ask the other party to give reasons and plan to solve the problem.
Request legal assistance. If the company refuses to pay you, you can seek help from the labor department or a lawyer. A lawyer and labor department can help you understand the relevant laws and regulations and assist you in suing the company in court for compensation.
Public disclosure of corporate misconduct. You can also publicly disclose your company's misconduct, make it public, and reach out to community organizations or organizations. Through disclosure, you can expose the company's unhealthy practices to the general public, and strive for more support for your legitimate rights and interests.
In short, if you believe that the company is treating your job loss improperly, you need to take appropriate measures to protect your rights and negotiate with the company. At the same time, you should also protect your legitimate rights and interests and take appropriate legal measures to protect your interests.
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The company does not pay wages for layoffs, two ways:
First: If you have worked in the original company for more than half a year and the salary is very high, you can solve the problem through legal means (refer to the Labor Contract Law for details), and generally solve the problem, so as to get the compensation you should get (to put it mildly here, your company can make layoffs without compensation, the company's development is not estimated to be good, such a company can not grow, the boss has no big picture, patronize the immediate interests.) )
Second: If you have not worked in the original company for a long time, then forget it, even if you pass the labor contract law and successfully solve it, there is not much compensation, because you have not worked for a long time, and the company needs to lay off employees, which means that the company is also experiencing capital turnover problems. It is more troublesome to go through labor arbitration, it is a waste of manpower and material resources, and there is a lot of time to get a little compensation, which is not cost-effective in my opinion.
Just intern at this company yourself!
Compensation for layoffs is a protection of the rights and interests of employees, which are protected by law. If a business is reluctant to pay, there are usually several reasons:
1.Enterprises take advantage of loopholes, thinking that employees don't understand.
2.The business is sluggish and can't afford to pay.
3.Employees have corporate loans or violations of rules or discipline or other should not be issued.
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If the company lays off employees and does not pay wages, the worker may request the labor administrative department to order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit. Specifically, if the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer maliciously defaults on the payment of wages and fails to pay the labor remuneration within the time limit, the employer shall pay the employee additional compensation according to the standard of the payable, i.e., all the amount payable, including the amount after being fined, between 50% and 100%. Severance compensation shall be paid to the worker at the rate of one month's salary for each full year of service in the unit.
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.
Article 48 of the Labor Contract Law of the People's Republic of China If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.
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If the report is successful, when the labor bureau will make an appointment, or find the company and the employee to negotiate together, after the negotiation, it will give a specific amount of compensation or an arbitration letter, once the arbitration letter is established, it will have legal effect, and the company must pay the employee's salary.
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The labor law stipulates that the company should not only pay wages but also give certain financial compensation for layoffs, and you can keep relevant valid evidence and go to the local labor bureau to complain. The Labor Bureau will help you out.
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The company shall pay reasonable compensation to the employee in accordance with the requirements of the Labor Contract Law, and the compensation is different according to the employee's working years. If the company does not pay wages, you can go to the ** department of human resources with the laid-off employees to handle labor arbitration.
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This is an illegal act, and you can go to the relevant labor department to apply for labor arbitration, and there is no fee for this to apply for arbitration.
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The company's non-payment of wages to layoffs is itself an illegal act, and if the situation of non-payment of wages is forced, it can be coordinated through the law through the labor department.
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If the company does not pay wages for layoffs, then it is okay to directly complain to the local trade union or labor department in this case, because the company does not pay wages for layoffs, and it is okay to complain directly to the labor department.
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If it is a regular company and has a labor contract, if he lays off employees and does not pay you, you can solve it through the law, and you can take the company to court.
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If the company does not pay wages for layoffs, you can sue him at the Labor Arbitration Bureau. It is not right not to pay salaries. The labor arbitration committee will take care of him.
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If you do not pay wages for layoffs, you must first understand the specific regulations on the original employment contract.
Labor sanctions can be applied. Don't leave the company on your own.
Don't leave your job on your own.
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If the company does not pay the salary, it will go directly to labor arbitration. Indict. You can get your salary back.
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The company not only needs to pay full wages and social security for layoffs, but also needs to compensate the laid-off employees, and compensate them for one month's salary after one year of service.
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If the company does not pay wages for layoffs, then go to the labor bureau for help, and under normal circumstances, the company will give a certain amount of compensation for layoffs.
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If the company lays off employees, then he does not give you wages and compensation, then this is a violation of the labor law. So you can file a complaint with your local labor office to report the situation.
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If an employer dismisses an employee without cause, it shall pay compensation, and if it refuses to do so, it may apply for labor arbitration.
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You can apply for labor arbitration, which will leave a bad record for the company, but no record for the employee.
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If a company lays off employees and does not pay employees, it can apply for labor arbitration.
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It is not okay for the company to lay off employees and not pay wages, you can go to labor arbitration to appeal, or seek legal help.
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If the company lays off employees and does not pay wages, you can go to the labor arbitration bureau to sue him and take up the law to protect your rights and interests.
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The company does not pay you wages for layoffs, and such a situation should be reported to labor arbitration and resolved through labor legal means.
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It can be resolved through the local labor arbitration department.
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What should I do if the company reduces staff and does not pay salaries? Then look for a wonderful labor, don't pay a salary, you can reduce the staff, you can't reduce the staff, you don't pay a salary, you can sue him if you look for a wonderful labor.
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Pick up the law and report to the labor department to fight for your own interests.
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Sue the company and apply for labor arbitration.
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If you violate the provisions of the labor contract, you can go to the labor inspection brigade and complain about him.
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If the company lays off employees and does not pay them, you can go to the labor department to sue him.
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Yes, layoffs are the termination of labor contracts, and according to relevant laws and regulations, when an employer terminates an employment relationship with an employee, it is required to pay all wages in a lump sum, and the wages of the employee shall not be delayed or deducted.
1. Will the company make up the previous salary after resignation?
After the resignation, the company will pay back the previous salary. When the employment relationship is terminated, the employer shall pay the employee's wages in a lump sum. If there is a deduction, the employer may be required to make up the deduction.
If they refuse to reissue it, they may apply for arbitration. Wages shall be paid to the worker on a monthly basis in the form of coarse money. Wages shall not be deducted or unjustifiably delayed.
According to the relevant regulations, wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Second, how long does it take to pay wages in advance for resignation in general factories?
If an employee resigns, the employer shall pay the employee's wages in a lump sum on the day of resignation. The employer shall not default on the wages of the employee.
Article 9 of the Interim Provisions on Payment of Wages stipulates that when both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.
3. Whether resignation and salary are counted as weekend wages.
If the employee goes to work normally during the weekend, the calculation of the employee's wages shall include the weekend, and the employer shall pay the employee's wages in a lump sum when the labor contract is terminated or terminated. The employer shall not deduct or default on the wages of the employee without reason, otherwise the labor administrative department shall order the employee to pay within a time limit, and if the payment is not made within the time limit, the employer shall be ordered to pay additional compensation to the employee.
Article 9 of the Interim Provisions on Payment of Wages When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.
Article 50 of the Labor Law of the People's Republic of China stipulates that wages shall be paid to the worker himself on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed.
Article 30 of the Labor Contract Law of the People's Republic of China stipulates that the employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract and the provisions of the National Ming Family. 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, and the people's court shall issue a payment order in accordance with the law.
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Legal Analysis: Yes, layoff is the termination of the labor contract, according to the relevant laws and regulations, when the employer terminates the labor relationship with the employee, it needs to pay all wages in a lump sum, and the employee's wages shall not be delayed or deducted.
Legal basis: Interim Provisions on Payment of Wages Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum when the labor contract is dissolved or terminated.
Labor Law of the People's Republic of China Article 50 The balance of wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Labor Contract Law of the People's Republic of China Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner. 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, and the people's court shall issue a payment order in accordance with the law.
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If the company lays off employees, it doesn't pay wages immediately.
Yes, if a company decides to lay off employees, it must terminate the employment contract with the employee and settle all wages at one time, which is clearly stipulated in Article 9 of the Interim Provisions on Payment of Wages. Employees may request immediate payment of wages when they leave the company. Legal basis:
Interim Provisions on Payment of Wages Article 7 Wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and those who implement a weekly, daily, and hourly wage system are paid on a weekly, daily, and hourly basis.
Article 9 When both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the wages of the labor-sensitive person in a lump sum at the time of dissolution or termination of the labor contract. Article 50 of the Labor Law of the People's Republic of China The surplus salary shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
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