Are they legal in terms of labor laws, and are there laws to follow in labor laws?

1. Illegal. According to the formal legal route, it is possible to get the money back.

In what era, you are still looking for a job through the labor office. The labor office helped you find a job and paid the referral fee, isn't it? Young people are very inexperienced in society.

2. But I suggest that you still let it go, 300 yuan is not much, and you should buy experience (because you can't fight those people). In the future, when looking for a job, don't pay any more pressure, training fees, clothing fees, etc., anyway, it is illegal to collect pressure money or withhold wages in the name of the task.

You can ** to the labor bureau to ask the experts, I don't dare to say nonsense, I can only say a personal opinion, according to the reason, if there is this provision in the contract, and you did not resign in advance, the company should not agree to your resignation in the first place, if you must resign, the company should tell you in advance in accordance with the provisions of the contract The amount of compensation, if you are willing to compensate and resolutely go, then it should be said that the company is legal to do so, but if the contract does not provide for this, And the company did not tell you about the compensation in advance and agreed to your resignation, then the company has no reason to deduct your 300 yuan This is just my personal opinion, for more specific situations, you can consult the labor bureau and provide relevant evidence, after all, the current society is a legal society, as long as there is evidence, I believe that the labor bureau will help you get justice.

In accordance with the Labor Contract Law

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38 An employee may terminate a 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 specified 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.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

If you have not signed a labor contract, then you can resign at any time, if you have signed a labor contract, if there are the above provisions, you can also resign, if you do not meet the regulations, the unit will deduct you 300 yuan after your resignation, it is also illegal, you can go to the local labor inspection department to complain.

Although the Labor Contract Law stipulates that employees need to apply one month in advance when they leave their jobs, it is illegal for them to deduct 300 yuan, and you need to further confirm that the 300 yuan is simply because you deducted it in violation of regulations, or because of the losses caused to them by your resignation, of course, the latter is a bit of a fuss.

If it is unlawful, it shall be liable to the employer for breach of contract according to the content of the signed labor contract.

Yes, the Labor Law is one of the laws and regulations formulated by the state to protect the legitimate rights and interests of workers and regulate the labor relationship between employers and workers. According to the Labor Law and Labor Contract Law of the People's Republic of China, employers are required to comply with the following provisions:

4.Ensuring the safety and health of employees: Employers shall provide safe and hygienic working conditions for employees to ensure their physical and mental health.

If the employer violates the provisions of the Labor Law and the Labor Contract Law and infringes on the rights and interests of the employee, the employee may protect his rights and interests through labor dispute arbitration or court litigation.

The difficulty lies in the fact that the Labor Corruption Law only stipulates that workers should not work more than 40 hours per week, but does not stipulate what should be done if they exceed it.

To put it bluntly, if it is only written in the Criminal Code, the parties should not fight, the parties should not steal, and then there is no follow-up.

The Traffic Law says that drivers should not run red lights, drivers should not drink and drive, and then there is no follow-up.

Do you think this Fa has any deterrent effect?

Some time ago, a "list of the cost of fighting" was very popular on the Internet.

The cost of fighting for minor injuries = 5 to 15 days of detention + 200 yuan to 1,000 yuan fine + financial compensation.

The cost of fighting for minor injuries = imprisonment for less than 3 years + financial compensation.

The cost of a fight for serious injuries = between 3 and 10 years in prison, life imprisonment or the death penalty + financial compensation.

There is also the rising cost of drunk driving:

If the blood alcohol content per 100 milliliters is less than 80 mg, the motor vehicle driver's license shall be suspended for six months and a fine of not less than 1,000 yuan but not more than 2,000 yuan shall be imposed.

More than 80mg: shall be restrained by the traffic management department of the public security organ until he sobers up, shall be detained for not more than 15 days, and shall be fined 5,000 yuan, and the motor vehicle driver's license shall be revoked by Hunger Xinzhi, and the motor vehicle driver's license shall not be re-obtained within five years.

The causes and consequences are clearly written for you, and this is called having a law to follow.

Legal Analysis: Useful. The key is how to use it and who will use it.

If it is used by the workers, when the workers encounter the infringement of their rights and interests by the employer, the workers will think of using the law to protect themselves and protect their legitimate rights and interests (usually they do not think of using the law to protect their legitimate rights and interests).

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

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. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

No matter what kind of work system your unit implements, the 12-hour working time per shift exceeds the legal limit of 8 hours.

If you do this for 30 days and there are no rest days, the working hours will far exceed the current 8-hour day and 40-hour week, and the daily and monthly working system will be used to calculate wages, which has seriously infringed on the legitimate rights and interests of workers.

Even according to Article 44 of the Labor Law, it is illegal to pay the corresponding overtime pay, not to mention that if the overtime pay is not paid, it is even more wrong.

Article 36 of the Labor Law: The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.

Article 38: The employer shall ensure that the employee has at least one day off per week.

Article 39 If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of production, it may implement other work and rest measures with the approval of the labor administrative department.

Article 41: Due to the needs of production and operation, the employer may, after consultation with the labor union and the workers, extend the working hours, which shall generally not exceed 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, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.

Check for yourself if it's illegal.

What kind of work system does your unit practice? If it is a comprehensive working hours system approved by the Ministry of Labor, it is legal. To this end, you can consult the local 12333 labor **** for specific practices. 00

It is a violation of the Labor Law, which clearly stipulates that the working week shall not exceed 44 hours, and that there shall be at least one consecutive 24-hour rest in a week. Even if you implement comprehensive timekeeping, your unit's situation has seriously overtimed.

Labor laws have been violated, and overtime pay can be claimed.

Zongheng Legal Network-Shaanxi InBev Law Firm-Li Rui lawyer.

Violate labor laws, hurry up and sue the company! Safeguard their legitimate rights and interests.

Illegal monthly wages refer to the wages of working days after deducting statutory rest days and national holidays, which are calculated on the basis of the average number of days per month.

It should be 1,500-1,500 yuan in July.

Wages for a few days at the end of June and early August are counted separately.

Violation of the relevant provisions of the labor law!!

If the leave is recognized, it cannot be counted as absenteeism, and even if the absence is done, it will only deduct the salary of the day without work, and the leave is basically not deducted.

Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Article 91 Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order it to pay the worker's wages and remuneration and economic compensation, and may also 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 are subject to wage deductions, and the clause in your contract itself violates the provisions of the law, and you can also request the company to pay compensation, and if you file a lawsuit, the litigation fee for the labor contract dispute case will be waived.

The relevant legal basis is the Wage Payment Regulations.

The correct calculation should be:

1500 x the number of days actually worked while in employment.

It is the monthly working day standard issued by the former Ministry of Labor and Social Security, and the specific calculation method is as follows:

Notice on Issues Concerning the Average Monthly Working Hours and Wage Conversion of Employees throughout the Year

Lao She Bu Fa [2008] No. 3].

According to Article 44 of the Labor Law: (2) If an employee is assigned to work on a rest day and cannot arrange a compensatory break, he shall be paid a wage remuneration of not less than 200% of the wage; (3) Where 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.

Therefore, if the employee's weekend is adjusted for the purpose of inventory, and later makes up for the holiday, it is legal; However, if the inventory is occupied by a statutory holiday, even if it is a compensatory holiday later, 300% of the daily salary must be paid.

1. The labor law applies to the state-owned enterprise where you work.

2. According to Article 37 of the Labor Contract Law, if a regular employee applies for resignation, he or she shall submit a written application 30 days in advance, and he may leave his post after 30 days.

3. Regarding severance compensation, the Labor Contract Law stipulates that there are only two situations in which the employee will be liable for compensation: first, the company pays for training (referring to special training) and signs a service period, and you have not completed the service period; Second, it violates the provisions of non-competition.

4. According to Article 50 of the Labor Contract Law, the employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

5. In accordance with Article 9 of the Provisional Regulations on Payment of Wages, when both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

6. Salary = basic salary + performance, if you can only get one-fifth of the resignation salary, one is that the salary cannot be lower than the local minimum wage, and the other is that if the company assesses your low performance, then please show the basis for the company (what is the assessment standard?) ）

No matter how many people resign, as long as they encounter such a situation, they will go to labor arbitration to apply for arbitration and sue him. Go to the labor inspection brigade to sue him. See if he still deducts money. Together.

No. The Labor Contract Law stipulates that if an employee is assigned to work on a statutory holiday and cannot arrange compensatory leave, overtime wages shall be paid on the holiday. If you apply for leave first and then encounter a holiday, the employer has no right to arrange for you to work overtime to make up for the leave you have taken.

If the employer arranges for you to work overtime on holidays, you can ask the employer to pay overtime wages or arrange compensatory time off after the holiday.

If the name of the contract is in the form of contracting, and the fee is not paid on a monthly basis, it does not constitute an employment relationship and there is no need to pay social security premiums for it.

If the payment is made on a monthly basis, and the company's finances and other regular employees go through the salary account, even if the contract is a contract, it is easy to cause misunderstanding of the employment relationship between the two parties to the other party or a third party (such as arbitration commission and court).

Therefore, it is recommended that you clearly name the contract as a contract, and make it clear in the contract that the two parties do not constitute an employment relationship and do not need to pay social security premiums for each other. In addition, it is recommended that you pay the contract fee on a quarterly or semi-annual basis (not the salary, especially if the financial transactions are not included in the salary), so that the risk will be greatly reduced.