Please help a friend who knows the labor law.

For the problem that you want to terminate the contract and do not want to pay liquidated damages, there are two ways, one is to slack off, and the other is to take sick leave for a long time.

It's true that the working hours in Japan are more than the legal limit, but do you have any evidence? If there is no evidence, there is no way, if there is evidence, such as evidence of punching in or something, you can claim compensation for overtime hours and times the usual salary in the future when there is a dispute.

Is it possible to get a fake medical certificate from the hospital?

The hospital's issuance of a sick leave certificate cannot achieve the purpose of terminating the labor contract and not paying liquidated damages.

What should I do? Give me a good idea! It is best to be able to solve it kindly!

The best way is to resign after January 1 next year, because at that time the new "Labor Contract Law" will be officially promulgated and implemented, which stipulates that the labor contract signed between the employer and the employee shall not stipulate liquidated damages, and the liquidated damages clause will become invalid at that time, and you can terminate the labor contract at will.

Is this forced labor or something?

The practice of the unit has violated the provisions of China's "Labor Law".

Article 36 The State shall implement that the daily working hours of laborers shall not exceed eight hours and that the average weekly working hours shall be employed.

A system of working hours of no more than 44 hours.

Article 41 Due to the needs of production and operation, an employer may do so after consultation with the labor union and the workers.

Extended working hours, generally not exceeding one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day under the condition of ensuring the health of the workers.

The month must not exceed thirty-six hours.

Article 44 In any of the following circumstances, the employer shall pay higher than the work in accordance with the following standards.

Wages and remuneration for normal working hours:

1) Where a worker is arranged to work longer hours, the employee shall be paid not less than 150 percent of his wages.

wages and remuneration;

Article 90 Where an employer violates the provisions of this Law by extending the working hours of a worker, it shall be subject to labor administration.

The department gives a warning, orders corrections, and can impose a fine.

Article 91 Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the employer shall be responsible for the labor bank.

The government department shall order the payment of wages and remuneration and economic compensation to the worker, and may order the payment of compensation

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages and remuneration for extended working hours;

3) Paying wages to workers lower than the local minimum wage standard;

4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

You can report the company's illegal activities to the labor supervision department where the employer is located.

Without legal means: First, negative work, free and loose every day, the unit leader must have an opinion, but he is not afraid of him, and the dismissal is just right! Second, issuing a certificate is also a way, but a certificate issued by a regular hospital is required!

It seems that it is difficult for you to go through the legal route, and the general regulations on foreign employment are basically blank in our country, even if you have evidence, it is difficult to do!

1. As to whether it is an early termination of the labor contract or the termination of the labor relationship, the first thing to see is whether the employer has violated the mandatory provisions of the national labor law. In addition, it depends on the agreement in the employment contract between you and the employer.

2. Overtime hours, if the salary is unreasonable, you must have evidence of overtime and unreasonable income certificate.

3. It depends on your evidence. If the evidence is insufficient, then it will be called liquidated damages in accordance with the contract.

Do you come to Japan to work, do you work as a labor dispatch or do you work for a company in Japan?

If you are not a labor dispatcher, then working in Japan can be considered an act of the company, which is clearly against the provisions of the labor law of our country. If you have sufficient evidence, you can terminate the contract on this ground, not pay liquidated damages, and claim overtime pay for the period. Good luck!

As long as it is a labor contract recognized by the state, there should be a clause on it to terminate the contract.

Basically, as long as both you and the employer agree. Then the contract can be voided.

The company violated the law in several ways, including failing to sign an employment contract, defaulting on labor compensation, and illegally terminating the employment contract.

The legal liability of the company is to pay the arrears of wages in full (calculated at double the calculation) and to pay compensation in accordance with the economic compensation standard stipulated in Article 47 of the Labor Law.

Complain to the labor inspection brigade first, and apply for labor arbitration if the negotiation fails.

1. The salary is the salary, the commission is the commission, and the commission belongs to the internal regulations of the enterprise, and the specific reference should be made to your labor contract or the agreement recognized by both parties.

2. It is not illegal for the employer to let you settle your salary on the 10th, this is their financial system.

3. In addition, the company needs to pay you an extra month's severance after you are dismissed. This can be arbitrated by going to labor arbitration.

4. The issue of commission can also be arbitrated in labor arbitration, but you have to provide evidence.

You do not have a record of payroll, attendance, etc., if so, please keep the evidence. If the contract is not concluded for more than one month, double wages may be claimed. As for if you want to settle it immediately, if the negotiation fails, you can file a complaint with the labor department after getting the evidence.

The labor law stipulates that you can resign if you notify the employer in writing three days before the probationary period and 30 days before the non-probationary period.

The General Office of the former Ministry of Labor also pointed out in the Reply to Issues Concerning the Termination of Labor Contracts by Employees: "The employee's written notice to the employer 30 days in advance is not only a procedure for terminating the labor contract, but also a condition for terminating the labor contract." The employee shall notify the employer in writing 30 days in advance to terminate the labor contract without the consent of the employer.

If the employee applies to the employer for the termination of the labor contract after 30 days, the employer shall handle the formalities."

According to the above terms, the company has no right not to let you leave if you have fulfilled the advance notice. Whether or not to recruit people is a matter for the company, and you only need to fulfill the obligation to notify the company in writing 30 days in advance.

You can leave if you apply for resignation in writing one month in advance, but it is best to have a department leader's instructions, and you must keep a copy of the bottom, and leave directly when the month comes, and the company's salary is not paid, you can apply for arbitration with this resignation application form.

Hello netizens:

According to the law, the employee only needs to submit a written request for termination of the employment contract one month in advance. Your resignation request will be valid as long as it complies with the above legal requirements. The employer's practice is illegal.

Yes, as long as you can get a probationary contract. You can go to the labor inspection brigade in the company's area and file a request for arbitration.

A separate signing of a probationary contract is invalid and can therefore be considered as a failure of the parties to sign a valid written contract. You can ask for 3 months of double pay (not 4 months). 3 days of sick leave pay and a request for supplementary social insurance can be filed at the same time.

Hello, according to the information we have, the latest minimum wage standard in Beijing has been implemented since July 1, 2007.

According to the provisions of this document, full-time workers shall not be less than RMB per hour and not less than RMB 730 per month.

Lawyer Hu of Zhejiang Dongchen Law Firm.

I've written down your serial number, and I'll make it for you when I adopt it.

1.It is certainly illegal for the company to require you to buy a mobile phone, but I don't think there is any evidence that the mobile phone can be returned.

2.Since you have resigned, there is no financial compensation, and half a month's salary for September will definitely be paid, and the issue of bonuses should be paid.

3.The act of withholding wages on marriage leave is suspected of violating the law, and wages must be paidYou know the labor law, but you resigned by mistake, so your rights and interests were buried by yourself.

Let's ,,, the private sector. Let me put it this way to you, there is no way to do this thing, no matter how you get it in the end, you still suffer a loss, delay time and trouble, and finally go through the labor law to give you how much.

1. If you go to work on Saturday and do not arrange compensatory leave, it is considered overtime, and you will be paid a salary of not less than 200% of the salary;

2. The so-called duty, if it is the same as your usual work content, is actually overtime, and overtime pay should be paid;

3. The third paragraph of Article 4 of your labor contract stipulates that the calculation of overtime wages is based on the wages of normal working hours, and the wages of normal working hours are agreed to be 1,080 yuan.

4. The issue of personal leave salary base and overtime salary base depends on where your unit is located, because the regulations are different in different places.

There are two ways for an employee to terminate an employment contract.

1.If the employee notifies the employer in writing 30 days in advance, the employee may terminate the labor contract. The employee shall raise during the probationary period.

The employer may terminate the labor contract by notifying the employer three days in advance. (Fault of the worker, no compensation).

2.Immediate lifting.

The employer may terminate the labor contract under any of the following circumstances: (1) the employee fails to provide the information in accordance with the labor contract.

labor protection or working conditions; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failure to pay contributions to the society for workers in accordance with the law.

will pay premiums; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the legitimate rights and interests of employees;

5) The labor contract is invalid due to the fault of the employer; (6) The employer uses violence, threats or illegal restraints.

The worker is forced to work by free means, or the employer violates the rules and regulations by directing or forcing the worker to perform risky work, endangering the personal safety of the worker.

The employee may terminate the labor contract immediately without prior notice to the employer. (If the employer is at fault, the worker can claim compensation).

To sum up, the law does not stipulate that the employer can deduct the employee's remuneration when the employee terminates the labor contract, and the employer may apply for labor arbitration if it violates the law, and if it is dissatisfied with the arbitration, it can sue the court.

Article 44 of the Labor Law stipulates that under any of the following circumstances, the employer shall pay the employee a wage higher than the wage for normal working hours according to the following standards:

1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wage shall be paid;

2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, a wage remuneration of not less than 200 percent of the wage shall be paid;

3) If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

Penalty for overtime overtime] Article 5 of the Measures for Administrative Punishment of Violation of the Labor Law of the People's Republic of China issued by the Ministry of Labor (1994) No. 532 stipulates that if an employer extends the working hours of an employee for more than three hours a day, it shall be given a warning, ordered to make corrections, and may be fined less than 100 yuan for each employee for each hour of working hours.

Article 85 of the Labor Contract Law stipulates that if an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the employer shall be ordered to pay additional compensation to the employee at the rate of 50% to 100% of the amount payable

1) Failure 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.

The company does not implement a standard working hour system, but a regular working hour system. It looks like it's in line with the 8-hour workday. However, there is a condition that it must be approved by the labor department (with approval documents) and that it must be disclosed to employees.

If not, then it is a violation of the Labor Contract Law. Employees can work on Saturdays and ask to be paid 2 times their wages. Keep evidence of attendance to get justice.

Article 3 The term "irregular working hours system" in these measures refers to the working hours system of uncertain working hours when enterprises need to arrange mobile operations for employees due to special work conditions, and cannot implement the standard working hours system.

The comprehensive calculation of working hours system referred to in these measures refers to the working hours system in which enterprises need to arrange employees to work continuously due to special work conditions or restrictions imposed by seasonal and natural conditions, and cannot implement the standard working hours system, and adopt weekly, monthly, quarterly, yearly, etc. as the cycle of comprehensive calculation of working hours.