Labor Dispute Consultation Labor Dispute Consultation and ask for help

Conclusion: Party B has established an employment relationship with Party C, although Party B has not signed a contract, Party B should give you two months' salary as compensation, and since Party B has not signed a contract with you for one year, you can claim double the salary from him every month except for the first month. In addition, they are required to make up their social insurance contributions.

Solution: You can file a complaint with Party B's local labor and social security bureau and ask them to fulfill your compensation claim.

Reference: Paragraph 2 of Article 14 of the Labor Contract Law If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.

Article 43 Where an employer unilaterally terminates a labor contract, it shall notify the labor union of the reasons in advance. If an employer violates the provisions of laws, administrative regulations or the provisions of the labor contract, the trade union has the right to request the employer to make corrections. The employer shall study the opinions of the trade union and notify the trade union in writing of the outcome.

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.

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Article 58 A labor dispatch unit is an employer as used in this Law and shall perform its obligations to its workers. In addition to the matters specified in Article 17 of this Law, the labor contract concluded between the labor dispatch unit and the dispatched worker shall also specify the employing unit of the dispatched worker, the dispatch period, the position and other circumstances.

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 worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

1.Forensics is difficult. There is no employment contract between you and A.

C does not have a direct contractual relationship with Party B.

2.The amount of compensation is difficult to determine. After the amendment of the Contract Law. It was only opened at the end of '08 and the law does not apply.

Defined as a year of de facto labor, compensation is not easy to compromise.

Suggestion: If it were me who encountered something like this, I would be depressed too.

I am not talented, I have interned in Haidian Court, law is one thing, but real judgment is another.

n There are many such examples, which are basically out-of-court mediation. Moreover, no benefit is obtained.

It's better to bear with it...

When the society reaches the point of "first making some people rich, and then letting the poor have a way to live", it is estimated that we will be able to win the lawsuit.

Submit a written resignation report directly, but submit it to the supervisor one month in advance.

According to the Labor Contract Law of the People's Republic of China, an employee may terminate an employment contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

So, if you want to resign, just put it in writing 30 days in advance.

I have a dispute with my company, how can I resolve it?

1. It is illegal for the unit not to sign the contract.

2. The unit has no right to deduct wages.

3. In case of disputes, it is recommended to file a complaint with the Labor Bureau or directly file a legal basis for labor arbitration.

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 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay the employee within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable: (1) Failing to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; (2) Paying wages to workers lower than the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

It is illegal to withhold your wages, and you can apply for labor arbitration to demand double wages after one month.

I have a dispute with my company, how can I resolve it?

If there is no salary card, labor contract and other materials to prove the fact of labor, you can provide the people you work with as witnesses to prove the existence of labor relations and request labor compensation, labor disputes must be arbitrated first, so you must first apply to the arbitration commission for arbitration, and if it is not enforced, apply to the court for enforcement with the arbitration award.

With regard to the arrears of payment, if there is a contract, it shall be in accordance with the contract, and if there is no performance or no agreement, the defendant shall directly file a lawsuit with the basic people's court at the place where the defendant is located.

If the above procedure is not clear, go to your local legal center for consultation and they will provide you with legal services and lawyer** litigation will not scam you out of money.

Employees may not be dismissed during illness See below.

Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises".

Article 3 When an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, he or she shall be given a medical treatment period of three months to 24 months according to his actual working years and the number of years he has worked in the unit

1) Where the actual working years are less than 10 years, three months for those who have worked in the unit for less than five years, and six months for those who have worked for more than five years.

2) Where the actual working experience is more than 10 years, the working experience in the unit is less than 5 years, and 6 months is the actual working experience; 9 months for those between five and ten years; 12 months for between 10 and 15 years; 18 months for between 15 and 20 years; 24 months for more than 20 years.

Article 50 of the Labour Law stipulates that "wages shall be paid to the worker himself on a monthly basis in the form of money. shall not withhold or unjustifiably delay the wages of the worker".

If the employer cannot pay wages every month, it is illegal, and you can report to the labor department and claim wages, and according to your attendance, the unit shall pay wages, and 70% of the sick leave wages shall be paid during the sick leave. If the employer does not agree to give money, the labor department can enforce it by the court after the labor department has made a decision. At that time, whether the boss had money or not, he went to the court to talk.

Resignation: If you have signed an employment contract, you need to submit a written resignation 30 days in advance, and you can leave at any time if you do not sign a contract. If you sign an employment contract and resign 30 days in advance, it will be considered as an unauthorized resignation, and it will not affect the boss's payment of attendance wages.

Judging from your description, it is difficult to determine the labor relationship between your girlfriend and the private factory, the labor relationship involved in the labor law is the relationship between the worker and the employer, whether the private factory has legal personality, if there is an industrial and commercial business license, then it can be determined that it is the employer, and you can directly apply for labor arbitration with the local labor department to protect your rights and interests; If this private factory is operated like a small workshop and does not have a business license for work-related injuries, then the relationship between your girlfriend and this private factory is that of employment and employment, and it is a labor relationship under civil law.

The employee can submit his resignation to the employer 30 days in advance, which is the employee's right, and there is no forced dismissal.

It is recommended that you first go to the arbitration department of the local labor department for detailed consultation, generally as long as the facts are clear and the evidence is conclusive, then whether it is labor arbitration or the judgment of the court, as long as you get it, you can apply to the local people's court for enforcement to protect the rights of workers. Hope it helps.

It is almost impossible to solve this problem through the right channels, and I can only tell you a crooked way: you have to pay attention to when there are visiting business people or more influential people in his factory to go to the factory, you go to his office to ask for wages, if he doesn't give you a quarrel with him, or lie down on the ground to cheat, if he gives you measures to find someone to drive you away, you call the police (it's best for the two of you to go together) and then then beat the labor bureau's **, under all kinds of pressure, he can't give it to you. Look at the time, the time you work (from the year to today) is calculated as this salary, if you go to a lawsuit with him, it is really not worth it, wasting time and wasting money, and you may not be able to get your salary if you are in a hurry!

Pay attention, the best way I'm telling you is that you're having as many people as you argue! Then you can find a few colleagues who can prove that you have worked here, or find other strong evidence of how long you have worked with them!

Here I will tell you a method: you let your girlfriend go back to resign, write the resignation on your work from a certain day to the day you are sick and can not continue to work, (for example: from March 1, 2011 to work in the factory to July 3, I suddenly need to seek medical treatment but continue to ask for money, I hope the leader will settle the salary during this period to me, it is estimated that the time to recuperate is longer, I hope the leader agrees to my resignation and go home for treatment and recuperation,) to find the factory director to sign, Then he disagrees with you and also asks him to sign to show that he disagrees with your resignation and asks him to write the reason for disagreeing!

Then this blank piece of paper with words becomes the most favorable evidence! 》

Well, although the method is more dirty, but a hundred tried, I used to work in a restaurant, pressed my salary for 1 month, I resigned, I didn't agree not to give me money, I just took advantage of the noon meal when there were many people to ask him, very smooth is coming! But since then, the business of that restaurant has been sluggish! Rattle.

Complain to the Labor Bureau, affirm that your rights and interests are legal, and effectively protect your legitimate rights and interests.

This is unreasonable, call ** to the labor bureau to complain.

If you have a dispute over compensation, you may submit your request to the labor and personnel dispute arbitration commission with jurisdiction with a written certificate of termination of the labor contract by the employer.

Of course, you should pay attention to the content of the certificate of termination of the employment contract and whether you have signed to confirm it, if the certificate clarifies the relevant facts and indicates that the termination has been negotiated with you and you have signed and agreed, it may be deemed that the termination through negotiation may be determined. The outcome of your appeal may be unfavorable to you.

If the employment contract has been terminated only on the certificate without specifying the relevant reasons, you may apply for arbitration for illegal termination of the employment contract and request that it be handled in accordance with Articles 48 and 87 of the Labor Contract Law. That is, the compensation of the remaining two times the economic compensation will be paid.

When stating the facts and reasons, it is only necessary to state the remarks that are favorable to oneself, and it is not necessary to state "for what reason" is dissolved. Only need to state: on October 29, the respondent notified in writing that the labor contract being performed was terminated!

Personally, if I believe that the infringement is infringing, I hereby submit to arbitration, and demand that I bear the corresponding legal liability in accordance with the law, etc. Do not state any reason during the trial, as long as there is no written evidence to prove that you have known or the employer has informed the specific reason in writing. As long as you don't sign it, you don't know.

According to the new labor contract law published in 2008, it is legal for the company to pay you five and a half months plus one month in lieu of notice based on the number of years of service.

How many months have you been owed wages? Why didn't you submit your resignation report when you left?

It depends on what you're looking for. There are places where you both have labor law violations.

Labor dispute cases are handled by local labor dispute arbitration institutions.

According to Article 38 of the Labor Contract Law, an employee may terminate a labor contract if the employer falls 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.

In this case, the contract is still valid.

It is recommended that you first negotiate with the relevant departments of the company, and if the negotiation fails, then apply for labor arbitration.

Under normal circumstances, you can definitely win. However, it is best to provide valid evidence: first, the signed labor contract, whether there is a company address, legal person, job position, contract salary, probationary salary, salary payment date, Party A's rights, Party B's rights, dispute settlement methods, etc.; The second is evidence of attendance, which proves that you have worked for several months; Third, whether there are rules and regulations for salary changes during the contract period of the company, and whether you are aware of the system; Fourth, whether the job description or responsibility requirements are there, and whether the company is incompetent in rules and regulations; Fifth, whether the company has given an explicit notice of the termination of the labor contract and whether you have signed it; Sixth, there is something wrong with you, and whether it is only the company's fault.

Finally, if you don't pay for hardware, you must be violating the law and committing crimes. It is also important to note the fairness of labor litigation and arbitration in your location.

If you are in my place, a qualified lawyer can make your original company bleed heavily in labor disputes in these situations. Of course, I am not a lawyer, nor am I a person or practitioner. It is recommended to find a helping lawyer or legal **person from the Municipal Federation of Trade Unions to prevent bad lawyers.