Labor law disputes, look at lawyers into 20

The problem is not troublesome, double salary and re-signing of the labor contract from the date of employment, only 1 of the 2 can be selected.

Based on the points of contention you raised, personal opinion:

1. The labor relationship is true, and the company's business license is only about whether it is legally operating, and does not affect the signing of the labor contract. If you propose to sign a contract from the date of employment, and the negotiation with the company is inconsistent, you can request double the salary during the period, and you need evidence to prove that you are an employee of the company and the starting time of the employment (e.g., one of the work cards, pay slips, sign-ins, punch-ins, etc.);

2. The company proposes to sign an indefinite contract with you, on the one hand, it is the company's affirmation of you, on the other hand, your overemphasis on personal interests may affect the company's evaluation of you, and also show distrust of the company. In layman's terms, you can earn it again when the money is gone, but you can't make up for it when the credit is gone.

3. Due to the dispute agreed in the terms of the contract, the company shall negotiate with the company, or submit a mediation request to the association and the local labor department.

In general, you choose to mediate, consensus and communication with the company.

Do you want to get double compensation and want to re-sign the contract? If the evidence is sufficient, go to arbitration and be prepared for a long-term battle. If you sign a replacement contract, you will be asked to write the original date, and your double will be lost.

Don't think about it, it's unlikely that you'll get double pay in this situation.

If you do not sign a labor contract, the employer shall pay you double your salary, make up social security and pay economic compensation from the second month. The key point is evidence, which requires evidence that you have an employment relationship with the employer. As for the amount of time worked, the principle of "reversal of the burden of proof" can be used, and it will be issued by the employer at the time of arbitration or litigation, because everyone who works in a place should fill out an entry form.

This also proves your working hours, you also have to sign your salary, and the payroll form should also be issued by the employer, which proves your monthly income status.

Reversal of the burden of proof" is widespread in the field of labor law. Article 6 of the Law on Mediation and Arbitration of Labor Disputes stipulates that "in the event of a labor dispute, the parties shall have the responsibility to provide evidence for their claims.

If the evidence related to the disputed matter is in the possession and management of the employer, the employer shall provide it; If the employer does not provide it, it shall bear the adverse consequences. Paragraph 2 of Article 39 stipulates that: "If the employee is unable to provide evidence related to the arbitration claim that is in the possession and management of the employer, the arbitral tribunal may require the employer to provide such evidence within a specified time limit."

If the employer fails to provide it within the specified time limit, it shall bear the adverse consequences." Article 13 of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases clearly stipulates that the employer shall bear the burden of proof in the event of a labor dispute arising from an employer's decision to dismiss, dismiss, dismiss, terminate the labor contract, reduce the labor remuneration, calculate the employee's working years, etc.

The Ministry of Labor and Social Security's Circular on Matters Concerning the Establishment of Labor Relations stipulates that "the burden of proof shall be borne by the employer for wage payment vouchers, social security records, recruitment registration forms, registration forms, and attendance records".

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 violated your rights and interests, and only then can you more comprehensively protect your legitimate rights and interests, which will benefit you for a lifetime.

If you are under the age of 16 at the time of work, you are still using child labor.

。Article 38 of the Labor Contract Law stipulates that: "An employee may terminate a labor contract 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. ”

Article 46 stipulates that: "Under any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations. ”

Article 47 stipulates: "Economic compensation shall be paid to the worker at the rate of one month's salary for each full year of service in the employer. 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.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract. ”

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1. The existence of a de facto labor relationship.

2. From the 18th to the 26th, there is no rest for 12 hours a day, of which overtime is 4 hours a day on normal working days, a total of 28 hours a day for 7 days, calculated at 150%, 42 hours of normal wages should be calculated, and overtime on rest days is 12 hours a day, a total of 2 days and 24 hours, calculated at 300%, and 72 hours of normal wages should be calculated. For a total of 114 hours, the overtime pay should be: 1800 yuan.

However, if overtime is worked on weekends and weekends, the employer has the right to compensate for the leave without paying overtime wages. Overtime wages must be paid for overtime work on normal working days.

3. If you resign, in principle, you will pay wages within 3 days after the handover is completed, but there is a lack of enforcement at this point, if the unit waits until the 20th of next month, you can go to the labor bureau to complain, and wait for the labor bureau to accept and start the investigation and implementation, and the estimated time is also up.

You can apply for labor arbitration directly at the labor arbitration commission or file a lawsuit in court.

1. A: The employee's request is completely legal, and the company has no possibility of winning the lawsuit. Replacement visas are not exempt from liability.

2. Answer: It cannot be said that it is more serious, where the company violates the rules and infringes on the rights and interests of employees, employees can apply to the company for compensation or compensation, and one is counted as one.

3. If what the employee says is true, the request is reasonable. If it is not possible to reduce liability through arbitration and litigation, the only possibility is to negotiate with the employee and obtain the understanding of the other party, and the employee agrees to the relief, and if the arbitration award or litigation is decided by the court, it will not be a penny, unless the employee's claim is calculated to an excessively high standard or is miscalculated. It is estimated that the employee will not agree to the moral compensation alone.

Fourth, the suggestion and countermeasure is to review the employee's complaint and whether the calculation basis is correct.

5. After arbitration, if you are not satisfied with the award, you can file a lawsuit with the people's court, and you can appeal if you are not satisfied with the result of the first instance. The result of the second instance is the final judgment. The cost is negligible, 10 yuan per case.

The best advice is to do everything according to the laws and regulations. As a personnel worker, you have the obligation to remind the company to renew the labor contract with the employee when the employee contract is about to expire, and point out the possible legal consequences of not signing the contract on time.

Please understand how much you have offended.

1. All in the probationary period, because the worker does not meet the recruitment conditions, etc., can directly terminate the labor contract, no need to pay economic compensation, people give you a month's salary, it is indeed very lenient. However, the question here is: whether the company has the fact that the company has disobeyed the management of the superior on the grounds that the negotiation has been fruitless, whether it has been negotiated, and if not, it is the employer who illegally terminates the labor contract and has to pay compensation for the damage caused to the employee

The company's approach is a bit simple and rude, simply judging that there is an illegal act, and you cannot be fired on the grounds of disobedience to the superior, so that the labor contract is terminated illegally, and the company will pay you double the salary as compensation, and if you pay the compensation, you can no longer pay economic compensation. In fact, the company has already paid you a month's salary, although you have worked for half a month (if you work 30 days a month), there is no problem in terms of quantity, but the statement is wrong - this is the company's unilateral illegal termination of the contract, not the termination of the contract by consensus with you, so it cannot be called economic compensation, but compensation. During the probationary period, there are only two circumstances in which the company can terminate the contract without compensation or compensation, that is, it is proved that the employee does not meet the employment conditions during the probationary period, or the employee has seriously violated the company's system and caused significant losses.

1. You can claim double wages for the period when you have not signed a labor contract.

2. Then there is the issue of overtime: but you have to prove the fact that there is overtime, which is the rule of Interpretation 3.

3. If you are in arrears of wages, you can claim to pay the arrears of wages and 25% of the economic compensation.

4. Insurance: You can claim compensation for not paying social insurance for you, compensation for rural household registration, and supplementary payment for urban household registration.

5. If you are offered an internship salary, it shall not be lower than the local minimum wage.

1. If it is an illegal termination, you can pay you 1 month's salary as compensation! If you work more than 40 hours per week, you should be paid overtime!

2. The evidence is the labor contract.

1. The company may claim compensation for the illegal termination of the labor contract.

1. If you can prove that there was a de facto labor relationship with the employer between 04 and December 31, 07, you should be able to get severance payment.

After the year, due to the implementation of the new labor contract law, you can claim compensation, which should be the average salary compensation for the first 12 months of 7 months according to the termination date of your unit on June 6, 12.

2. On the question of whether social security can be supplemented.

1. You didn't make it clear what it means that you go to the Social Security Bureau to pay social security by yourself?! It is impossible for individuals to pay social security, and you are not self-employed.

2. I personally believe that it is necessary to pursue the supplementary payment of social security, because not all personnel know the time limit, I have encountered some personnel who have not been raised, and the arbitral tribunal has not reminded them, and there are those who have paid in full for many years, and even paid overtime for five years.

ArbitrationHere, it does not matter if the arbitration has already been applied, and a supplementary request for application can be requested.

Friend, I don't know very well what kind of person you are, the situation varies from place to place, if you really want to consult the trouble to write a location. I am good at labor disputes in Shanghai, and for other areas, please consult local labor dispute assistance agencies or individuals. Thank you.

Part of Social Security is too long, and there is no recourse to the court. If the company illegally terminates the contract, what you can claim is the compensation of double the economic compensation for the illegal termination of the contract. If you don't ask for double, you can supplement the request.

Requests for arbitration can be added.

Workers' Legal Aid Center.

For specific practices, please consult the local 12333 labor ****.

Disputes between parties to an employment relationship arising from differences in the rights and obligations of labor are also known as labor disputes. Some of them belong to disputes over established rights, that is, disputes arising from the application of labor laws and the established content of labor contracts and collective contracts; Some of the disputes that arise in connection with the claim for new rights, such as disputes arising from the establishment or modification of working conditions.

Labor contract disputes are civil disputes, and disputes are generally caused by civil acts and torts.

The following types of complaints are: Labor Dispute Complaint (Dispute) and Civil Complaint (Dispute). Labor relations include: de facto labor relationship (dispute) and labor contract relationship (dispute).

To protect the rights of workers (workers), they must first confirm whether there is an employment relationship, and a labor contract signed by both parties may not necessarily have an employment relationship, and there is no labor relationship if the labor contract is not employed. Labor relations include de facto labor relations (legal relations are labor relations, the cause of action is labor disputes) and labor contract relations (labor contracts without employment, legal relations are contractual relations, and labor contract disputes are caused by cases). According to Article 1 (2) of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (hereinafter referred to as the "Judicial Interpretation of Labor Disputes" I), disputes between employees and employers that have not entered into a written labor contract but have formed an employment relationship are labor disputes under Article 2 of the Labor Law.

As long as the appellant (plaintiff) and the appellee (defendant) have the circumstances to form a de facto labor relationship with them, the legal relationship is an employment relationship, which is a labor dispute under Article 2 of the Labor Law.