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to bear legal responsibility. If you are not paid, you can use the contract as evidence to apply to the labor and social security department for arbitration.
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Regulations for the Implementation of the Labor Contract Law of the People's Republic of China.
Chapter III Rescission and Termination of Labor Contracts.
Article 18 Under any of the following circumstances, a worker may terminate a fixed-term labor contract, an indefinite-term labor contract, or a labor contract with a term of completion of a certain work task with the employer in accordance with the conditions and procedures stipulated in the Labor Contract Law:
1) The worker and the employer have reached an agreement through consultation;
2) The worker notifies the employer in writing 30 days in advance;
3) The employee notifies the employer 3 days in advance during the probationary period;
According to the information you provide, if the employer violates the implementing regulations of the Labor Contract Law, it may apply to the labor department for arbitration or litigation, and the company shall also compensate in accordance with the Labor Contract Law.
Labor Contract Law of the People's Republic of China.
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.
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According to your statement, it should be an employment contract relationship, and the company's verbal economy is definitely illegal, but you need evidence of the company's termination of the contract, with which you can apply to the labor arbitration institution for labor arbitration.
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Bring the contract, pay slip or wage record to the local labor department to apply for labor arbitration.
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Take the evidence that can prove the labor relationship to the arbitration office of the labor bureau and sue him. Take the labor contract.
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Legal analysis: If the company dismisses an employee illegally, it needs to pay double the economic compensation, and if the employee resigns due to the fault of the employee, the company does not need to pay compensation.
Legal basis: Labor Contract Law of the People's Republic of China
Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with the standard of economic compensation provided for in Article 47 of this Law.
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Legal Analysis: Yes. If the contract has not expired, if one party clearly does not perform the contract or its ability to perform the contract is significantly reduced, the other party may file a lawsuit to protect its own interests.
For example, if the repayment period stipulated in the loan agreement has not expired, you cannot file a lawsuit in court. However, if the borrower clearly states or expresses by its own behavior that it will not repay the loan after the expiration date, the lender may file a lawsuit in court before the expiration date to demand the termination of the contract and demand that the borrower bear the liability for breach of contract.
Legal basis: Article 577 of the Civil Code of the People's Republic of China of CITIC Lianghua Article 577 If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
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If the party has breached the contract before the expiration of the contract, it may claim liability for breach of contract. The Civil Code stipulates that if a party fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 500 of the Civil Code of the People's Republic of China Article 77 Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses. Article 584 of the Civil Code of the People's Republic of China: Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in accordance with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.
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