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In such a situation, you are either discussing it with your boss, saying that it is not easy for you to come out to work, and now you have been working in the unit for so many days and you don't give me a salary, how can you let me explain it to my family.
If the boss just doesn't want to pay you, you can only complain to the local labor inspection department, because you have not signed a contract and have no other supporting materials, according to your description, everything is verbal, I suggest you bring a tape recorder to talk to him, and record the conversation between you, which can be used as evidence.
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When I first told you, did I get paid for the probationary period?
Did you resign voluntarily?
This is an old problem, and it is usually used by black-hearted bosses to deceive recent college graduates.
If you can't do it during the probationary period, you will be let go.
There is no way but to watch out for yourself in the future.
The other day, there was a discussion on a television program about this issue, but it didn't work out.
If you can find someone to testify for you, you may be able to go to the labor arbitration tribunal to assert your rights.
Good luck...
I'll revise the answer.
And downstairs don't you know that recordings are no longer evidence in court.
Even if it could, it would be very effective.
Also, I don't approve of you going to make trouble, that's not good for you, people come to the martial arts, you don't know, don't say it, as long as you make trouble, you will have the upper hand, not to mention that you have no evidence.
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You only need to have evidence of an employment relationship with the employer, and I will teach you the rest.
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 infringed on your rights and interests, and can better protect your legitimate rights and interests, which will benefit you for the rest of your life.
Pay attention to gathering evidence to prove your years of employment, overtime, etc. This is important if there is arbitration or litigation in the future.
If you still don't understand, you can come and ask me.
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If you are in this situation, you can only use barefoot and not afraid to wear shoes, the bigger the trouble is (you must not do it if you are looking for ** and the like), or bring an audio and video recording to set the boss (you can use it as capital to talk to the boss afterwards, and it can also be used as a legal basis for future lawsuits.)
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You can report your situation to the local labor inspectorate.
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What should I do if I voluntarily resign during the probation period without signing a labor contract, and the boss does not pay me? It is advisable to lodge a complaint with the labour inspectorate. If the worker has paid for his labor, the employer should still pay the labor remuneration.
If the employee fails to go through the resignation formalities and causes losses to the employer, the employer may claim compensation from the employee, and the employee shall handle the work handover in accordance with the agreement between the two parties, but the employee shall not be in arrears of wages. The following materials are required to file a complaint with the labor inspectorate: 1. The complainant's ID card; 2. Labor contract; 3. "Work Permit", "Service Certificate" and other documents that can prove the identity issued by the employer to the employee; 4. Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums; 5. Recruitment records such as the "registration form" and "registration form" filled in by the employee; 6. Attendance records; 7. Other materials to prove the labor relationship.
Article 18 of the Interim Provisions on Payment of Wages Article 18 Labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the lawful rights and interests of a worker, the labor administrative department shall order the employer to pay the worker's wages and economic compensation, and may also order the employer to pay compensation: (1) Withholding or defaulting on the worker's wages without reason; (2) Refusal to pay wages for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard.
The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State. Is there anything else you don't understand?
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Regardless of whether the probationary period is signed or not, the employee can ask the company to pay the wages he or she is entitled to. If the employee is in arrears of wages during the probationary period, and the company violates the law, the employee may terminate the labor contract immediately after submitting the resignation report. If you are in arrears of wages, you can call 12333** to complain if you do not pay wages or deduct wages, which is the ** of the Human Resources and Social Security Bureau.
You can also file a complaint with the Labor Bureau's Inspection Brigade. Since the company fails to pay labor remuneration on time, the party concerned may apply for termination of the labor contract and labor relationship, and demand economic compensation. The parties concerned may file a report with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages, and if the labor inspection brigade fails to coordinate with the workers, the worker may apply for labor arbitration.
Article 7 of the Interim Provisions on Payment of Wages shall be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.
Article 9 of the Interim Provisions on Payment of Wages When both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination. Article 16 of the Interim Provisions on Payment of Wages Article 16 If an employee suffers economic losses 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 the loss of economic bank may be deducted from the employee's own salary.
However, the monthly deduction shall not exceed 20% of the employee's salary in the current 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.
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Legal analysis: When wages are in arrears, if no labor contract is signed, the following evidence must be kept if you want to protect your rights: wage payment vouchers or records (employee payroll roster), records of payment of various social insurance premiums, documents that can prove identity such as "work permits" and "service certificates" issued by the employer to the accompanying workers, recruitment records such as the "registration form" and "registration form" filled in by the employee, attendance records, and testimony of other employees.
Legal basis: "Interim Provisions on Payment of Wages" Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum when the labor contract is dissolved or terminated.
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Legal analysis: If the employer does not sign the labor contract during the probationary period, and the employer does not pay the salary, he can complain to the local labor inspection brigade, and the evidence to prove the labor relationship includes: (1) Wage payment vouchers or records (employee salary payment roster) and records of payment of various social insurance premiums; (2) "Work Permit", "Service Certificate" and other documents issued by the employer to the worker that can prove the identity; (3) Recruitment records such as the "registration form" and "registration form" of the employer's recruitment filled in by the worker; (4) Attendance records; (5) Testimony of other workers, etc.
Legal basis: Labor Contract Law of the People's Republic of China
Article 19 Where the term of a 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 remaining 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.
In the same way, an employer and the same employee can only agree on a probationary period once.
Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.
The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the term shall be the term of the labor contract.
Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.
Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.
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Legal analysis: In this case, you can negotiate with the unit to protect your rights, or you can report to the local labor department or apply for arbitration to protect your legitimate rights and interests.
Legal basis: Interim Provisions on Payment of Wages Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum when the labor contract is dissolved or terminated.
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1. If the employee resigns voluntarily during the probationary period without signing the labor contract, and the boss does not pay the salary, he can complain to the local labor inspection brigade, and the evidence to prove the labor relationship is: "Notice on Matters Related to the Establishment of Labor Relations" Lao She Bu Fa [2005] No. 12.
1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;
(2) "Work Permit", "Service Certificate" and other documents issued by the employer to the worker that can prove the identity;
(3) Recruitment records such as the "registration form" and "registration form" of the employer's recruitment filled in by the worker;
(4) Attendance records;
(5) Testimony of other workers, etc.
2. Article 11 of the Regulations on Labor Security Supervision The labor and social security administrative department shall carry out labor security supervision on the following matters:
1) The employer's formulation of internal labor security rules and regulations;
2) The circumstances of the conclusion of a labor contract between the employer and the employee;
3) The employer's compliance with the prohibition of child labor;
4) The employer's compliance with the special labor protection provisions for female employees and juvenile workers;
5) The employer's compliance with the provisions on working hours, rest and vacation;
6) The employer's payment of wages to workers and implementation of the minimum wage standard;
7) The employer's participation in various social insurances and payment of social insurance premiums;
8) Employment agencies, vocational skills training institutions and vocational skills assessment and appraisal institutions comply with the provisions of the State on employment introduction, vocational skills training and vocational skills assessment and appraisal;
9) Other labor security supervision matters stipulated by laws and regulations.
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1. Yes.
Negotiate with the company first, or apply to the relevant local authorities for arbitration, you can request the employer.
Zhi pays double wages for the period from the beginning of one month of employment to less than one year.
2. 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.
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Simple, go straight to the location.
The Labour Inspection Brigade (not the Labour Bureau, but its subordinate unit) sued him. Recovering wages is not so complicated, and it is difficult and troublesome not to answer, in fact, this is their responsibility, and it is a trivial matter to help you get your wages, and if the labor inspection brigade ignores this matter, it will be inaction.
If you don't have a contract or insurance, you can ask for double salary. The employer will also be punished.
1.It is illegal not to sign a contract during the probationary period. The labor contract shall be signed within one month of the employee's employment, and if the employer fails to sign it for more than one month, it is illegal, and the employer shall pay the employee double the salary for the period from the day after the employee has completed one month to the day before the labor contract is re-concluded. >>>More
1. Job transfer is the main content of changing the labor contract, and the employer must first reach an agreement with the employee, and the unilateral adjustment of the position by the employer without the consent of the employee is invalid in principle; >>>More
1.If you resign during the probationary period, you may terminate the labor contract by notifying the employer three days in advance according to the provisions of the Labor Contract Law, with reference to the Labor Contract Law >>>More
You are not responsible, but according to the labor law issued in 2008, you can also get economic compensation in addition to wages. >>>More
There is generally no limit to a few days in advance of resignation during the probationary period. However, it would be nice to leave the company mainly according to the company's system.