Labor problems, what to do? 70

Arbitration, I personally studied law, and I suggest that you also arbitrate.

Legal analysis: If a dispute arises between an employee and an employer, and the labor bureau cannot resolve the dispute, he or she may apply to the labor arbitration commission for labor arbitration; If the applicant is still dissatisfied with the arbitral award, he or she may also file a civil lawsuit for a judgment by the people's court.

Legal basis: "Labor Dispute Mediation and Arbitration Law of the People's Republic of China".

Article 2 This Law shall apply to the following labor disputes between employers and workers 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;

Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor compensation, medical expenses for work-related injuries, economic compensation, or compensation for annihilation;

6) Other labor disputes as stipulated by laws and regulations.

Article 4 In the event of a labor dispute, the worker may negotiate with the employer, or may ask the trade union or a third party to negotiate with the employer and reach a settlement agreement.

Article 5 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.

Summary. Hello dear, <>

Labor issues. Labor disputes can be handled through negotiation, mediation, arbitration and litigation.

After a labor dispute arises, the employee may negotiate with the employer, and ask the labor union or a third party to negotiate with the employer to reach a settlement agreement. Applications for mediation may be made to the labor dispute mediation committees of enterprises, grassroots people's mediation organizations, and organizations with labor dispute mediation functions established in townships and neighborhoods.

Labor issues. Hello dear, <>

Labor issues. Labor disputes can be handled through negotiation, mediation, arbitration, and litigation.

After the occurrence of a labor dispute, the employee may negotiate with the employer and ask the labor union or a third party to jointly negotiate with the employer to reach a settlement agreement. You can apply for mediation to the enterprise labor dispute mediation committee, the people's mediation organization of the basic concession level, and the organization with labor dispute mediation functions established in townships and streets.

I worked in a factory in Shenzhen, signed a labor contract with Heyou, and I had been working for ten days and wanted to run away, but the factory said that I would not pay the salary of the guard, what should I do.

First of all, you should contact the local labor administration department as soon as possible and ask them to help you solve this problem. You can apply for mediation by the labor administration to ensure that you get the wages you deserve.

If the labor administration can't help you, you can consider filing a labor arbitration or lawsuit in your local court to ensure that you can get the wages you deserve.

Also, I missed clocking in once, and the 10-hour work became 8 hours.

Dear, your working hours are not calculated according to hourly hours, right?

yes, I'm an hourly worker.

If it's an hourly worker, it's an hourly wage, and if you only missed the card once, it should only be two hours less for the day.

You can ask your employer to pay you this salary, and you can apply for labor arbitration to provide your attendance records.

What should I do if the factory doesn't provide it to me?

It does not affect the fact that there is no attendance record in labor arbitration, and other evidence can be used to prove it, such as witness testimony, or stupid labor contract or work card claim.

The people in this factory also said that they can only leave after three months, what does this belong to?

Dear, the factory's stipulation that you must resign after three months violates Article 3 and Article 17 of the Labor Contract Law and is invalid. The resignation is an early termination of the labor contract, and Dongchang is only required to fulfill the obligation of 30 days' written notice (the probationary period is three days) as stipulated in Article 37 of the Labor Contract Law, and continue to work until the expiration of 30 days. After the expiration of the term, regardless of whether the employer agrees or not, the labor contract with the employer will be terminated, and the labor relationship will be terminated.

What is the easiest and most effective way to solve it.

The simplest and most effective way to solve the problem is to complain to the local labor and social security department, and ask it to protect its legitimate rights and interests in accordance with the law. If the factory still does not pay the wages, it can file a labor arbitration or lawsuit with the local court, and ask it to pay the wages in accordance with the law.

It takes time and patience to go through the legal process, and it is recommended to use the safest and fair way to solve the problem<>

Kehui adjudicates negotiation, mediation, arbitration, and litigation. If you are unwilling to negotiate or fail to negotiate, you can apply to the labor dispute mediation committee of the enterprise for mediation; If the mediation fails, it may apply to the labor dispute arbitration commission for arbitration. The parties may also apply directly for arbitration.

If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Labor Law of the People's Republic of China

Article 77.

In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration, file a lawsuit in accordance with the law, or resolve it through negotiation. The principles of conciliation apply to both arbitration and litigation proceedings.

Article 79.

After the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for an arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Article 83.

If a party to a labor dispute is dissatisfied with the arbitral award, it may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. If one party does not file a lawsuit and fails to perform the arbitral award within the statutory time limit, the other party may apply to the people's court for compulsory enforcement.

Legal analysis: apply to the labor dispute mediation committee of the unit for mediation, apply to the labor dispute arbitration commission for arbitration, or file a lawsuit with the people's court. Amenosis.

Legal basis: Article 79 of the Labor Law of the People's Republic of China After a labor dispute occurs, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, if one of the parties requests arbitration, it may apply to the Labor Dispute Arbitration Commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration.

If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

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; 2. If the employer is transferred for production and operation needs, and the transfer is reasonable, there is no insult or punishment nature, the salary is not reduced, and there is a correlation between the position agreed in the labor contract, the transfer is valid; You as a laborer should abide by it. Of course, the reasonableness of the position adjustment requires the employer to provide evidence; On the contrary, if the employer adjusts the position of the employee based on forcing the employee to leave the job, the employee can refuse. If an employer terminates an employment contract on the grounds that the employee does not obey the arrangement, it is an illegal termination. You can apply for labor arbitration to claim compensation, and pay 2 months' salary for 1 year of work, that is, 2N; 3. If the employee is not competent for the job, the employer also has the right to adjust the position.

Of course, the employer also needs to provide evidence if it claims that the employee is incompetent for the job. If the employee refuses to adjust the position, the employer terminates the labor contract on this basis, which is a legal termination, but the employer should also pay economic compensation, i.e., n.

For labor issues, you can go to the end to picket first, and if not, you can go directly to the court to file a lawsuit.

If you have formal procedures, everything is easy to do, and if you have formal procedures, you can go to the labor bureau to consult with a professional.

Labor is the most glorious thing in the world. We all have to love to work.

Generally, there will be an employment contract.

What's wrong with the labor issue? What do you want to ask?

For labor issues, you can go to the Labor Law, which has a lot of detailed labor issues.

Isn't your purpose just to wait a month to come back and get paid, if you just want you to come back in a month and get your old salary, without thinking about the month you left, then things are very easy to do

Sue this company, it's not a wise move, kill others, exhaust yourself, relative to the company, you are a vulnerable group It's better to play a little yin, go to the hospital to open a more serious medical hospitalization certificate, tell the company that you need to be hospitalized for a month to rest, according to the regulations, they can't fire you because of this, maybe you can make some money, of course, you can have it, it doesn't matter if you don't, you can't do it anyway Do you think so?

Isn't this a blatant attempt to kill you? Forcing you to do work you can't afford on your own. In order to achieve the purpose of your voluntary resignation.

The company gets rid of the compensation you pay for the dismissal.

There are a lot of facts that the company has violated the law. As long as the evidence is conclusive. You can take it for 10 years. Generally, the company will not fight a lawsuit with you, but settle it. It is estimated that the company will pay you your due overtime pay. Other compensation is not expected to be paid.

Or go straight to court. Or write a lawsuit application first and submit a copy to the company first. Tell the company to decide for itself.

It's not blackmail, it's about demanding what you deserve.

If you can't ask for it, you will be sued. It is also counted as your first salute and then the soldiers, and you will be benevolent and righteous.

What evidence do I need?

1. Labor contract, proving your labor relationship with the factory; If there is no contract, a label is required;

2. Pay slips to prove your actual income;

With the above two, you can sue the factory.

What labor regulations did the company violate?

The Labor Law stipulates that the overtime wage is times the normal wage, and the factory only calculates it according to the multiple, which is illegal; Overtime on rest days is paid twice as much as normal; Now the state implements a daily payday, and the factory calculates it on a 26-day basis, which is illegal.

If you do not agree to the adjustment, you can immediately object to it and not accept the arrangement.

If you do not resign voluntarily for any reason, the factory has the right to ask you to leave the job for another month, and if you leave early, the factory can treat you as absenteeism. However, if you resign on the grounds that the factory does not pay overtime according to national standards, you can leave the company immediately and ask the factory to pay economic compensation. If the factory refuses to pay, it can file a complaint with the local labor and social security department.

Guangdong lawyer Hu:

1. You need to provide evidence that your overtime employer did not pay you overtime pay, such as bringing overtime records and pay slips to provide evidence;

2. The company violated the labor regulations of the Labor Law on overtime pay.

1. Overtime pay for overtime work is twice the daily wage. Statutory holidays are 3 times higher, so your overtime pay is calculated less. 2. Changing jobs is the fault of the employer, and you can leave your job directly and ask for wages.

You can apply for resignation and refuse to work in the warehouse. You can sue your company for forced labor. It is estimated that if it fails, it will scare your company and will not deduct your salary.