Lawyers, I ask a simple labor question

1. You can apply for arbitration in your case.

3. If you have signed a labor contract with the company, you have the right to ask the company to sign an indefinite labor contract with you.

4. The company has the right to decide whether to calculate the wage on a daily basis or on a monthly basis, but in general, the working hours cannot exceed the time stipulated in the labor law, and overtime should be paid for overtime, and the wage standard shall not be lower than the minimum wage in Chongqing.

5. If he is sure that he wants to dismiss you, it is okay, but the premise is that the relevant labor compensation must be compensated to you!

6. Don't rely too much on lawyers, this kind of small problem, as long as you usually understand more about the labor law, you will understand, making money is a good thing, but it is more important for people to improve themselves in life!

The main question is whether you still want to continue to work in **, if you still want to do it, ask the company to sign an indefinite contract, if not, apply for arbitration and claim compensation, you need to make your own choice.

Even if there is no de facto employment relationship, you can apply for arbitration.

Wouldn't it be better to check with your local labor office?

If you do not sign a labor contract, the employer shall pay you double your salary, make up social security and pay economic compensation from the second month. 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.

This also proves your working hours, you also have to sign your salary, and the payroll form should also be issued by the employer, which proves your monthly income status.

Reversal of the burden of proof" is widespread in the field of labor law. Article 6 of the Law on Mediation and Arbitration of Labor Disputes stipulates that "in the event of a labor dispute, the parties shall have the responsibility to provide evidence for their claims.

If the evidence related to the disputed matter is in the possession and management of the employer, the employer shall provide it; If the employer does not provide it, it shall bear the adverse consequences. Paragraph 2 of Article 39 stipulates that: "If the employee is unable to provide evidence related to the arbitration claim that is in the possession and management of the employer, the arbitral tribunal may require the employer to provide such evidence within a specified time limit."

If the employer fails to provide it within the specified time limit, it shall bear the adverse consequences." Article 13 of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases clearly stipulates that the employer shall bear the burden of proof in the event of a labor dispute arising from an employer's decision to dismiss, dismiss, dismiss, terminate the labor contract, reduce the labor remuneration, calculate the employee's working years, etc.

The Ministry of Labor and Social Security's Circular on Matters Concerning the Establishment of Labor Relations stipulates that "the burden of proof shall be borne by the employer for wage payment vouchers, social security records, recruitment registration forms, registration forms, and attendance records".

It is recommended that you take an hour to read the "Labor Contract Law" and the "Regulations for the Implementation of the Labor Contract Law", so that you can know what aspects the employer has violated your rights and interests, and only then can you more comprehensively protect your legitimate rights and interests, which will benefit you for a lifetime.

If you are under the age of 16 at the time of work, you are still using child labor.

。Article 38 of the Labor Contract Law stipulates that: "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. ”

Article 46 stipulates that: "Under any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations. ”

Article 47 stipulates: "Economic compensation shall be paid to the worker at the rate of one month's salary for each full year of service in the employer. 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.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract. ”

If you want, you can add me as a friend to chat!!

1. The existence of a de facto labor relationship.

2. From the 18th to the 26th, there is no rest for 12 hours a day, of which overtime is 4 hours a day on normal working days, a total of 28 hours a day for 7 days, calculated at 150%, 42 hours of normal wages should be calculated, and overtime on rest days is 12 hours a day, a total of 2 days and 24 hours, calculated at 300%, and 72 hours of normal wages should be calculated. For a total of 114 hours, the overtime pay should be: 1800 yuan.

However, if overtime is worked on weekends and weekends, the employer has the right to compensate for the leave without paying overtime wages. Overtime wages must be paid for overtime work on normal working days.

3. If you resign, in principle, you will pay wages within 3 days after the handover is completed, but there is a lack of enforcement at this point, if the unit waits until the 20th of next month, you can go to the labor bureau to complain, and wait for the labor bureau to accept and start the investigation and implementation, and the estimated time is also up.

You can apply for labor arbitration directly at the labor arbitration commission or file a lawsuit in court.

1. The situation you mentioned belongs to the transfer of positions, and the change of positions belongs to the change of labor contract, and the company must negotiate with you first, and then need both parties to sign and seal the changed contract, which is legal and valid2, you can apply for arbitration, 1) just say that the company does not perform the labor contract, and require the company to perform the contractual obligations, if the company refuses to perform the contractual obligations, it shall pay compensation to the employee in accordance with twice the economic compensation standard stipulated in Article 47 of the Labor Contract Law.

2) You can also terminate the labor contract with the company on the grounds of breach of contract by the company and ask the company for compensation.

In addition, does the company have any other illegal acts? If you do not pay the five insurances, the probation period is agreed to exceed the statutory time, etc., the right is to be fought for.

It takes a long time to apply for labor arbitration.

What is written in the "Job Description" column on your employment contract?

First of all, look at how you agree on the job position in the labor contract you signed with the company;

Secondly, if there is an agreement, you can refuse to transfer, if there is no agreement, this is the company's right to adjust.

You've left your job, so there's no point in applying for labor arbitration. If you are still employed, then you can also request the employer to reinstate your job if you apply for labor arbitration.

Hello: The correct way is to have ironclad evidence of working in the factory, and labor arbitration in the jurisdiction of the place of work? Grounds for Arbitration and Claims for Damages? Important evidence!

You can apply for labor arbitration. Requirements:

1. Require the employer to show the corresponding rules and regulations for your absenteeism to deduct wages and contradict the deduction of money by your boss.

2. Make up overtime pay and have at least one day off a week. Asking for back social insurance 3 You resign on your own without compensation. (Even if there is compensation, it is only half a month).

You can file a labor arbitration in accordance with the law, and you have to pay back insurance, pay overtime pay in accordance with the provisions of the labor law, etc., and as for the termination of the labor contract with you, it may be determined that it is legally terminated and you do not need to pay economic compensation.

In this case, both parties were at fault.

What I want to ask is that the unit I work for now is not efficient and requires to close down, my contract expired in April 2010, and then I forgot to sign the contract for various reasons, and now the unit is going to terminate the contract with me, can I make those requests, can I ask for an extra month's salary?

Labor arbitration should be able to get subsidies, and the current labor law is on the side of protecting workers.

Receipt of payment is not your obligation, you are only responsible for the sale, and the company's practice is illegal.

You have the right to continue working and enjoy your original basic salary. If you want to take leave for physical reasons, it is essentially equivalent to sick leave.

If the unit dismisses you, it should be a termination of the labor contract, and there is no fact of arguing and burning the spine according to Duan Zheng, and it cannot be dealt with in accordance with Article 25.

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.