-
You should not let the employer know that you are pregnant, and the company has the right to terminate the employee if you are deemed unsuitable for the position during the probationary period.
However, if your probationary period is problematic, the law stipulates that if the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.
But if you don't sign a labor contract, the company is forcing you to go by yourself, and if you arbitrate in this case, you can ask for double wages for the second and third months of your work, and because the company has not signed a labor contract with you, it is illegal to pay you half a month's salary.
Because there is no contract, you have nothing to say about the random transfer.
The most important thing now is that because there is no employment contract, you need to get evidence of your employment in the company, such as salary payment, bank payment records, attendance records, work badges, uniforms, business cards and other evidence to prove that you have a de facto employment relationship with the company, and then apply for arbitration to recover double wages and economic compensation.
-
Labor arbitration is a way to resolve labor disputes, and labor arbitration can be conducted when an employee encounters a labor dispute and cannot be reconciled or negotiated. So, is labor arbitration free? After the implementation of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration in 2008, according to Article 53 of the Law, there is no fee for labor dispute arbitration, and the funds of the labor dispute arbitration commission are guaranteed by the government.
Therefore, the law has made it clear that there is no fee for labor arbitration. If a person is dissatisfied with the result of labor arbitration and files a lawsuit with the people's court, a case acceptance fee of 10 yuan shall be paid in accordance with Article 13 of the Measures for Payment of Litigation Fees, and if the summary procedure is adopted, the fee shall be reduced by half. Of course, the people's court may also be exempted from charging the above-mentioned fees according to the circumstances.
Of course, in addition to the case acceptance fee, the public announcement fee and appraisal fee involved in the arbitration and litigation hearing process usually need to be borne by the losing party. Legal basis: Article 53 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration [No Fee for Arbitration] There is no fee for labor dispute arbitration.
The funds of the labor dispute arbitration commission shall be guaranteed by the treasury.
-
Legal analysis: Labor arbitration is free of charge, and the funds of the labor dispute arbitration commission are guaranteed by the government. In the event of a labor dispute, the parties can resolve it through the following ways:
Negotiate; Apply for mediation from the Mediation Organization; Apply to the Labor Dispute Arbitration Commission for arbitration; File a lawsuit with the people's court. There is no fee for arbitration of labor disputes. The funds of the labor dispute arbitration commission shall be guaranteed by the treasury.
Legal basis: In the event of a labor dispute under Article 5 of the Labor Dispute Mediation and Arbitration Law, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If the head of the bird is dissatisfied with the arbitral award, except as otherwise provided in this Law, he may file a lawsuit in the people's court. Article 53 There is no fee for arbitration of labor disputes.
The funds of the labor dispute arbitration commission shall be guaranteed by the treasury.
-
Legal analysis: Labor arbitration consultation is free, labor arbitration consultation can be called 12333. In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
Legal basis: Article 5 of the Labor Dispute Arbitration Law of the Labor Dispute Arbitration Law If a labor dispute occurs, and the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
-
Legal Analysis: Labor Cases Labor cases are relatively simple, you can handle them by yourself, and labor arbitration is free, I hope mine will help you solve the problem, labor disputes, labor arbitration everyone can hi me! 1. Because the unit violated the law first, you can leave at any time after you leave the company in writing, and ask the employer to pay your arrears of wages, deposits, economic compensation, double wages (up to 11 months), overtime wages, etc.; The statute of limitations for labor arbitration is one year.
2. The premise is that there is evidence to prove the labor relationship! For example, tooling with the name of the company, work card or work card (preferably stamped with the official seal), salary card, salary slip, attendance record, social insurance payment record, colleague testimony type omission (resignation and in-service can be) or other documents with your name and official seal, etc. 3. Applying for labor arbitration is very simple: write a labor arbitration application, copy your ID card, prepare evidence, go to the industrial and commercial bureau to retrieve the industrial and commercial registration information of the employer, and then go to the local arbitration commission to apply for a case.
Legal basis: Article 2 of the Law on Mediation and Arbitration of Labor Disputes: This Law shall apply to the following labor disputes between employers and employees within the territory of the People's Republic of China:
1) Disputes arising from the confirmation of labor relations;
2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;
3) Disputes arising from removal, dismissal, resignation, or resignation;
4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;
5) Disputes arising from labor remuneration, work-related injuries, medical expenses, economic compensation or compensation, etc.;
6) Other labor disputes as stipulated by laws and regulations.
-
Labor cases Labor cases are relatively simple, you can handle them by yourself, and labor arbitration is free, I hope mine will help you solve the problem, labor disputes, labor arbitration everyone can hi me! 1. Because the employer has violated the law first, you can leave at any time after you leave the company in writing, and ask the employer to pay your arrears of wages, deposits, economic compensation, double wages (up to 11 months), overtime wages, etc.; The statute of limitations for labor arbitration is one year. 2. The premise is that there is evidence to prove the labor relationship!
For example, tooling with the name of the company, work card or work card (preferably stamped with the official seal), salary card, salary slip, attendance record, social insurance payment record, colleague testimony (resignation and in-service can be) or other documents with your name and official seal, etc. 3. Applying for labor arbitration is very simple: write a labor arbitration application, copy your ID card, prepare evidence, go to the industrial and commercial bureau to retrieve the employer's industrial and commercial registration letter, and then go to the local arbitration commission to apply for a case.
Legal basis: Article 2 of the Law on Mediation and Arbitration of Labor Disputes: This Law shall apply to the following labor disputes between employers and workers in the People's Republic of China
1) Disputes arising from the confirmation of labor relations;
2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;
3) Disputes arising from removal, dismissal, resignation, or resignation;
4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;
5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;
6) Other labor disputes as stipulated by laws and regulations.
-
Hello! Labor casesLabor cases are relatively simple, you can handle them by yourself, and labor arbitration is free of charge1. Because the employer violated the law first, you can leave at any time after you submit your resignation in writing, and ask the employer to pay your arrears of wages, deposits, economic compensation, double wages (up to 11 months), overtime wages, etc.; The statute of limitations for labor arbitration is one year. 2. The premise is that there is 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 employment are acceptable) or other documents with your name and official seal, etc. 3. Applying for labor arbitration is very simple: write an application for labor arbitration, make a copy of the ID card, prepare the evidence, go to the industrial and commercial bureau to obtain the industrial and commercial registration information of the employer, and then go to the local potato arbitration commission to apply for the case.
1. It is right to think of labor arbitration, but the reason for resignation is very important, and the best reason in your case is that the company does not sign the labor contract on time in accordance with the provisions of the labor contract law, and the legitimate rights and interests of the employee are not protected. >>>More
Hello, because you have not signed a labor contract with this unit, and you have not yet come to work in this unit, so you do not have an employment relationship yet. >>>More
The Labor Dispute Mediation and Arbitration Law applies to the following labor disputes: disputes arising from labor remuneration, work-related injury medical expenses, economic compensation or compensation, etc.; Disputes arising from the confirmation of employment relations; disputes arising from removal, dismissal, resignation or resignation; Disputes arising from the conclusion, performance, modification, rescission and termination of employment contracts; Other. >>>More
Labor arbitration proceedings generally take 60 days. According to the arbitral award, it shall generally be made within 60 days of receiving the application for arbitration, and if the party is not satisfied with the arbitration, the party shall file a lawsuit within 15 days from the date of receipt of the arbitral award. >>>More
According to your description, if the company does train and transfer you, then you can get three months of compensation for each full year of compensation if you are illegally dismissed by the company for arbitration and apply for double severance compensation, but you can claim that the company will dismiss you with one month's severance notice without one month's notice, and then you have worked for two years, then you can get one month's salary for every full year, so you can get three months' compensation, but if the company does not train or transfer you, If you are fired directly on the grounds that you do not meet the requirements of the position, then the company is illegal dismissal, and you should be able to get two months of salary compensation for every year of service, then you can get five months of compensation.