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You can bear it! However, if you do not have an employment contract, you can apply for labor arbitration to claim double wages.
Labor cases can be handled by themselves, the same can be won, and labor arbitration is completely free, I hope mine will help you solve the problem, labor disputes, labor arbitration everyone can hi me!
1. You can apply for labor arbitration to demand payment of double wages (up to 11 months) and arrears of wages, deposits, economic compensation, overtime wages, etc. Counting from the time you leave your job, the statute of limitations for labor arbitration is one year!
2. The key to such a case is to have evidence to prove the labor relationship! For example, tooling with the name of the company, work card or work card (preferably with the official seal), salary card, salary slip, attendance record, social insurance payment record, colleague testimony (resignation and in-service are acceptable), audio and video recordings or other documents with your name and official seal (including the work card with the official seal, social insurance payment records, documents with your name and official seal, one is enough to prove the labor relationship);
Legal basis: Labor Contract Law:
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.
Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.
Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. 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.
There are relevant laws and regulations for my space and QQ logs!
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Settle your liability for part of your liability.
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If you don't sign a labor contract, don't be afraid to sue you in court for what reason.
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It should not be necessary to compensate, although you have not signed a labor contract with the company, you have worked in the company for a long time, it is a de facto cooperative relationship, and you are regarded as a regular employee of the company. During the working period, if an employee leaves the company due to mistakes or intentional damage to the interests of the company, the employee can only leave after compensation; If the employee has left the company and causes damage to the company in the name of the company's employees, it is a crime, not only to compensate for the loss but also to accept legal justice; If the company is not damaged by the will and behavior of the departing employee after resignation, the company will not be compensated for the loss.
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If you want to resign, try to write a resignation report one month in advance, so it will be beneficial for you and him.
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Summary. Legal basis: Interim Provisions on Payment of Wages Article 16 Where an employee causes economic losses to the employer due to his or her own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary.
However, the monthly deduction shall not exceed 20% of the employee's salary for that month. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.
Hello, I am glad to answer for you, the company needs to compensate for the losses caused by the failure to sign the contract during the employment.
First, if the company is responsible for the loss of lead caused by the company's wheel construction, the employee shall be liable for compensation, and the date on which the company establishes the labor relationship with the employee is the time when the company hires the employee, and whether the labor relationship is not judged by whether the labor contract is signed or not.
Second, if the company has sufficient evidence to prove that the employee is intentional or grossly negligent, it can demand compensation from the employees of the company.
Thirdly, if an employee makes a mistake in his post and causes economic losses to the employer, the employer may require the employer to compensate for the economic losses in accordance with the provisions of the labor contract, which can be deducted from the employee's own salary, but the part deducted each month shall not exceed 20% of the employee's monthly salary, and the remaining part of the salary after deduction is lower than the local minimum monthly wage standard, it shall be paid according to the minimum wage standard.
Legal basis: Interim Provisions on Payment of Wages Article 16 If the employee causes economic losses to the employer due to the employee's own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for the loss of the employee may be deducted from the employee's salary. However, the monthly deduction shall not exceed 20% of the employee's monthly salary.
If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.
No employment contract has been signed.
It is also necessary to compensate.
For what reason, you can tell me the details, and I will help you analyze whether you need compensation.
We are a martial arts training institution, hiring instructors, not contracted labor.
How did the company suffer?
Because he was late for work and had a bad attitude during class, his parents kept complaining.
Affected the loss of students.
And then it caused a lot of children not to come, didn't it?
This is subject to a certain amount of liability.
Do you have evidence to prove it now?
Both. That employee by the compensation.
And he did not communicate with the company and left the company without permission.
Is that directly deductible from salary?
However, the deduction must be in accordance with the law, otherwise it will be illegal.
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A: Compensation is required on a percentage basis.
If the company fails to sign the contract beyond the probationary period, the company will be penalized and compensated to the employee.
If the employee does not cause much damage to the company and the company has not signed a contract with the employee for many years, it is likely that the employee will pay less money to the company and more money will be compensated by the company. As a result, the company's gains outweigh the losses! Employees are much less likely to go against the grain!
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Summary. The court will require enforcement, and the company's credit will be marked.
The company has not signed a labor contract, and there is a mistake during the work, but it has left the company, what if the company asks for compensation?
Hello, I am a cooperative lawyer of the nuclear Tongzhi legal pro platform, and I am happy to serve you. At present, the number of people who consult the rotation is a bit large, and when I look at your question in detail, please wait a moment.
Hello. The employee worked for four months without signing a contract, and after leaving the company, he sued the company and demanded double wages.
If you don't have a contract, you can ask for double wages.'
But the employee is a driver, and he broke a bone at work, and he hasn't solved it yet.
If an employee's mistake causes damage to the company, it can be compensated.
Will the court award double wages, dereliction of duty.
If compensation is awarded, what will happen if the company refuses to pay compensation?
Dereliction of duty and double pay are not affected.
This double pay is subject to compensation.
However, compensation for his mistakes is subject to recovery.
What are the consequences of the company's refusal to pay compensation?
The court will require enforcement, and the company's credit will be marked.
If you have not signed a labor contract, the employer shall pay you double your salary, make up social insurance, and pay economic compensation for the termination of the labor relationship (see Article 1 of the Labor Contract Law and Article 1 of the Regulations for the Implementation of the Labor Contract Law for details). The key point is evidence, which requires evidence that you have an employment relationship with the employer. As for the amount of time worked, the principle of "reversal of the burden of proof" can be used, and it will be issued by the employer at the time of arbitration or litigation, because everyone who works in a place should fill out an entry form. >>>More
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