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This way is possible, but I estimate that the dismissal letter is generally drafted by the unit, not by the individual, so the unit may not accept it, you can try it, and if the unit accepts, it is a very favorable evidence for you. In the dismissal letter, you should focus on the relationship between A and B, and the fact that you are working for A, which are important evidence to prove the employment relationship between you and A.
In addition, before the arbitral tribunal finally determines the employment contract between you and Company A, legally speaking, you are an employee of Company B, so you can refuse A's dismissal, and if A proposes to you for dismissal, it can just prove that Company A also recognizes the employment relationship between you, so if Company A issues a dismissal letter to you, you must keep it as important evidence.
There is only a limit to the amount of help I can provide you, and you will need to consult with a local lawyer before deciding what to do, so good luck with that.
It is useful to be able to prove the relationship between A and B, and it is helpful to prove that although it is a contract with B, it is working for A.
Addendum: As long as you are actually working for Company A, then not only is your employment relationship protected by law, but also Company A's practices are illegal, and they should sign a formal labor contract with you, not in the name of Company B, which is illegal. According to the judicial interpretation of the Supreme Court, if the employee continues to work in the employer after the expiration of the contract, and the employer neither renews nor expresses any objection, it shall be deemed to continue to perform the contract under the original conditions, but such a contract is indefinite, and the employer can dismiss you at any time, and you can also resign at any time.
If you have any questions, please keep asking and good luck.
1. Protected. As long as there is a de facto employment relationship between you and the employer, you are protected by law.
2. There are not many compensation you can ask for, under normal circumstances, one month's salary will be paid back for one year, which is the provision of the "Measures for Economic Compensation for Violation and Termination of Labor Contract".
3. Of course, you can claim compensation. In addition to paying you all your wages as agreed in the contract, the employer should also pay 25% of the wages owed to you as compensation, that is, if the employer pays you 2,000 yuan less, in addition to the 2,000 yuan you can get back, you can also ask for 500 more as compensation.
4. Yes, this belongs to overtime pay, the unit should pay you, if the unit does not pay, then pay you overtime pay at the same time, you should also pay 25% of the overtime pay as compensation.
5. The labor law stipulates that if a unit terminates a contract without a legitimate reason, it must notify the employee one month in advance, so the unit must notify in advance and cannot attack suddenly.
6. You can also ask for a repaid bonus, because you have been working for a full year, so you have the right to ask for a repaid bonus.
7. If the unit does not pay other social insurance to you, you have the right to ask the unit to make up the payment, which belongs to your legal right, and the unit has the obligation to pay social insurance for employees.
If you have any other questions, please add them and good luck.
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The employer may lawfully dismiss the employee under any of the following circumstances: serious dereliction of duty, malpractice for personal gain, causing serious damage to the employer; During the probationary period, it is proved that they do not meet the requirements of the employment slip; Those who have been pursued for criminal responsibility in accordance with law; Serious violation of the rules and regulations of the employer; Other.
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Legal Analysis: First of all, the reasons are coincidental. The grounds for dismissal must be sufficient and legitimate.
Generally speaking, the reasons given for the dismissal of employees are nothing more than disciplinary violations and incompetence. In fact, most of the real reasons for dismissal are these, and the reason why they are used as an excuse is that those real reasons for dismissal do not meet the statutory and legal requirements for dismissal. The second is the procedure.
Dismissal of an employee requires a legal withdrawal procedure, and a considerable number of companies do not understand or ignore this step, which is a key step in reducing disputes. Many people have such a formula in their minds: resignation procedure = settlement of wages, but this is absolutely wrong.
In addition to certain requirements in terms of procedure, there are also corresponding requirements in terms of content, which is far more than just settling wages.
Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China The employer may terminate the labor contract if the employee falls under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
2) Seriously violating the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer;
4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;
5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
6) Those who have been pursued for criminal responsibility in accordance with law.
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Due to various reasons, after establishing a service relationship with the lawyer, the trustee may find that the lawyer hired is not suitable. In this case, the service relationship may be terminated through negotiation with the law firm, and the lawyer's fees are generally paid in accordance with the progress of the lawyer's actual work, and the excess lawyer's fees shall be refunded to the client, in which case, the service relationship may be terminated through negotiation with the law firm, and the lawyer's fees are generally paid in accordance with the progress of the lawyer's actual work, and the excess lawyer's fees shall be returned to the client. However, if there is an agreement in the lawyer's service contract on the handling of lawyers' fees, it shall be handled in accordance with the contract.
In addition, China's "Civil Code" has clear provisions on the termination of the contract, allowing the parties to the contract to terminate the contract at any time. If the client and the law firm have signed a ** contract, it can be handled in accordance with the above provisions of the Civil Code.
2. How to deal with disputes with the hired lawyers.
1) Generally, it should first be reported to the lawyer's law firm, and the lawyer's firm will coordinate and handle it.
2) The client may also file a complaint with the lawyer's lawyers association, which will coordinate and handle it.
3) The client may also file a lawsuit with the people's court to protect his legitimate rights and interests in accordance with judicial procedures.
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1. If you are not dismissed by the company for your reasons, the company will pay you one month's economic compensation, and if you do not give one month's notice of dismissal, add another month.
Severance = Compensation time Your average salary for 6 months (the calculation of the average salary: it is the number of all wages payable in the month, which is the number before deducting personal insurance and provident fund.) )
2. Make up the payment of social security.
3. If you do not sign a labor contract, the employer shall pay double wages from the second month (later) 4. The key is that you need evidence of labor relationship with the employer. 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, colleague testimony (resignation and in-service are acceptable), audio and video recordings or other documents with your name and official seal, etc. (including the work card with the official seal, the document with your name and official seal, and one is enough to prove the labor relationship).
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To apply for labor arbitration, you can demand the payment of all wages during the working period, double the salary of the last month, and require the company to pay social insurance during the working period. Payment in lieu of notice and severance are two different concepts, and it generally seems that severance is only available after one year.
In addition, your interview resume cannot be used as any evidence in law, of course, these are not important, you can go directly to the Labor and Social Security Bureau to explain the situation, you don't need any evidence, you have worked in ** is evidence, and your colleagues can prove anything.
In addition, to popularize some legal knowledge for you: from April 23, 2009, employers and workers must sign a labor contract, and those who sign a contract belong to regular workers and must pay social security.
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You can ask the employer to pay double the salary if you do not sign a written contract; Require the employer to pay back the insurance; Require the employer to pay severance for the termination of the labor contract; Calculation of double wages without signed contractsSince March 20, 2013, your salary slip and employment form can prove that you have formed a de facto labor contract relationship with the employer, and the severance payment will be calculated according to your salary and income.
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What is the written reason for the employer's dismissal? You didn't go into details, let's talk about it.
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On the first day, I signed a contract and I had to kill it.
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Article 40 of the Labor Contract Law stipulates that in any of the following circumstances, the employer shall advance by 30 years.
The labor contract may be terminated after notifying the worker in writing or paying the employee an additional month's salary
1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;
2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;
3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.
You say that you pay for months of work as a bailout, but this does not exist. If your employer terminates the contract without your fault, it is necessary to pay you severance payment, which is calculated according to the number of years you have worked, and the employer will pay you 4 and a half months' salary.
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