-
If the employer terminates the labor contract without justifiable reasons (dereliction of duty, serious disciplinary violations, criminal offenses, etc.), it needs to give the employee economic compensation, generally n+1 month's salary, but the compensation period is up to 12 years, that is, 12+1 month's salary, and if 30 days' notice is given, the maximum is 12 months' salary.
-
You can sue for the money you owe.
-
Legal analysis: If you can sue for the project, although there is no contract, you can also prove the fact of helping to do the project through other evidence, and it is best to prove the quantity and price of the project done.
Legal basis: Civil Procedure Law of the People's Republic of China
Article 64: Parties have the responsibility to provide evidence for their own claims. The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case. The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence.
Article 6: The parties shall promptly provide evidence for their own claims.
Since you have not signed a contract, even if you go to the court to sue, if you can't prove from other sources that you provide engineering services, there will be a risk of losing the case, therefore, the first thing is that you look for witnesses, engineering records and other evidence, and when it is necessary, you call the police to seek ** coordination and processing.
-
1. What should I do if I don't sign a contract and don't pay for working on the construction site
1. The solution of not paying money for working on the construction site without signing the Mengdong Ant contract: the worker can complain to the labor administrative department and ask the employer to pay twice the monthly salary; Units that do not pay pay are required to pay additional compensation to the workers at the rate of 50% to 100% of the amount payable. Workers may also file a labor lawsuit with the people's court.
2. Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China stipulates that if an employer fails to establish a written labor contract with a laborer for more than one month but less than one year from the date of employment, it shall pay twice the monthly salary to the employee.
If an employer violates the provisions of this Law by failing to conclude 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 have been concluded.
2. Whether it is considered a work-related injury if you are injured while working on the construction site and do not sign a contract
Work-related injuries are also known as "work-related injuries" and "work-related injuries". Employees are injured in production or work. According to the provisions of the state, those who are injured while performing routine work and work temporarily designated or agreed by the enterprise administration, engaging in work that is not designated by the enterprise administration but are beneficial to the enterprise in an emergency, and engaging in invention or technological improvement work are all work-related injuries.
So is it considered a work-related injury if you are injured while working on a construction site and do not sign a contract, and if you are injured during work, it is considered a work-related injury. If there is no employment contract, the employment relationship can be confirmed first, and the behavior can be reported to the labor inspection department first.
I hope the above content can be helpful to you, if you have any other questions, you can click the button below to consult a professional lawyer.
-
Legal analysis: If there is no contract, you can still sue the court, as long as you provide the court with relevant human and physical evidence to prove the existence of a labor relationship with the contractor. The process of filing a lawsuit with the court is as follows:
1. Submit the complaint to the court with jurisdiction over Yejian, and wait for the court to accept and file the case; 2. After the case is filed by the court, relevant evidence shall be submitted within the evidence presentation period, and the case will generally be tried through the ordinary first-instance trial procedure; 3. When waiting for the case, court investigation and court debate will be conducted, and after the court debate is over, the court will announce the judgment in court or announce the judgment on a later date; 4. When they are not satisfied with the judgment of the case, they may apply for an appeal within the appeal period, and if there is an objection to the outcome of the appeal, they may apply for a retrial.
Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 A lawsuit must meet the following conditions:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
2) There is a clear defendant;
3) There are specific litigation claims, facts, and reasons;
4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
-
If there is no contract to claim the project payment, the parties can protect their rights by filing a civil lawsuit and request the court to order the other party to bear the corresponding payment liability.
The specific operation process is as follows:
1. When a party files a lawsuit, it shall first submit a statement of indictment, and submit a corresponding number of copies according to the number of opposing parties. If the parties are citizens, the names, genders, ages, places of origin, and addresses of both parties shall be indicated; If the party is a unit, the name and address of the unit, and the name of the legal representative or responsible person shall be clearly indicated. The body of the indictment shall clearly state the matters requested, the facts and reasons for the indictment, and the tail must be signed or affixed with an official seal;
2. According to the principle of "whoever asserts shall present evidence", the plaintiff shall submit relevant materials to the court, including materials on the plaintiff's subject qualifications, and evidence to prove the plaintiff's claims;
3. When submitting documentary evidence to the court, the parties shall fill in a list of evidence in duplicate, listing in detail the name and number of pages of the evidence submitted. After the evidence has been verified by the court's undertaker, the undertaker is to sign and seal the evidence list, and one copy is to be handed over to the parties and one is for the record;
4. After the parties have completed the necessary formalities and submitted the relevant evidence materials, the case filing tribunal shall handle the case filing formalities within seven days if the conditions for case filing are met; where the requirements for filing a case are not met, the judgment is to rule not to accept it in accordance with law;
5. The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receipt of the notice of acceptance, and if there is real difficulty, they may submit a written application to the court for reduction, postponement or exemption within the prepayment period.
6. After the case filing procedures, the case will be scheduled by the court, and the parties shall obey the court's work arrangements, and settle the litigation costs in the financial office after the case is concluded.
Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Construction Contracts (II).
Article 2 Where the construction contract of a construction project is invalid, but the construction project is qualified after completion and acceptance, and the contractor requests to pay the project price with reference to the contract, it shall be supported.
-
Legal analysis: The methods of salary negotiation without signing a contract in the construction project are as follows: 1. Negotiate with the employer on the side
If there is a trade union, the situation can be reported to the trade union first; 2. Adopt administrative solutions: you can report to the labor inspection department; 3. Collect relevant evidence, such as pay slips, punch-in records, work clothes, work information, witness testimony and other evidence that can prove your existence of labor relations.
Legal basis: Article 10 and Article 7 of the "Regulations on the Supervision of Labor and Social Security" The investigation of violations of labor security laws, regulations or rules by the administrative department of labor and social security shall be completed within 60 working days from the date of filing the case; If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.
Hello, you can apply for arbitration at the labor arbitration institution or complain to the labor bureau, and if necessary, you can go to the local court to file a lawsuit.
It's going to pay some money.
The amount is going to be the end of the year. >>>More
The labor contract shall be renewed under any of the following circumstances: 1. Both parties agree to renew the labor contract through consultation; 2. Upon the expiration of the labor contract, if there are any of the circumstances under which the employer shall not terminate the contract, the labor contract shall be renewed until the corresponding circumstances disappear: (1) the worker engaged in work exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or the suspected occupational disease patient is during the period of diagnosis or medical observation; (2) Suffering from an occupational disease or work-related injury in the unit and being confirmed to have lost or partially lost the ability to work; (3) Illness or non-work-related injury, within the prescribed medical treatment period; (4) Female employees are pregnant, giving birth, or breastfeeding; (5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age; (6) Other circumstances stipulated by laws and administrative regulations. >>>More
You can defend yourself through the law.
Can I return the deposit if I don't sign a contract for renting a house: >>>More