Ask a labor law question and want to ask some questions about labor law

1. No. If the employee resigns on his own, the company is not obliged to pay financial compensation, of course, if the company is willing to pay, it is fine.

2. Employees resign, and from the perspective of professional ethics, they have the obligation to do a good job in the handover of work.

However, employees are also not obligated to do a lot of voluntary work for the handover.

3. The enterprise should send someone to hand over to you, if the enterprise does not cooperate in the handover work, it is the responsibility of the enterprise.

Judging from the current situation of the landlord, you are still working, and the company is continuing to pay wages, and theoretically you are not at a loss.

But in fact, companies just don't recruit, and you can't do anything.

Therefore, this kind of thing should be decisive, immediately hand over the work, and say to the supervisor, there is no new person to take over, then you have to take over, otherwise, you leave, in case things are not done well, your supervisor will not be the same and be criticized? (Landlord, think about it, the supervisor is good to you, and you can't bear it, so he can't bear to let you drag it all the time).

In addition, if it has been more than 30 days since you submitted your resignation, then you are no longer obligated to work for them (you can still consider paying your salary, but you don't have to think about not paying them at all).

You get paid for your work.

You ask, and if you don't give it, then you tell him that you have found a new job and need to do it.

If he says no, you say, if you don't give me money, how can I live?

You say, come over if you need to. At the beginning of your past, if you have a bad attitude, the next time, you will gently care about him and say, I'm sorry, I'm busy, anyway, you don't need him anything.

I see your supervisor as a gentle killer. It's not okay to go to court.

It's better to solve it by yourself.

In your case, labor laws and regulations do not apply. This is because both the Labor Law, the Labor Contract Law and other supporting laws and regulations have clear provisions that apply to "workers who have established labor relations".

Basis: Both the Labor Law and the Labor Contract Law are stipulated in Article 2, you can check it out.

You are a college student, you have not yet graduated, and you work in a factory in the summer, so you should be an "intern", so your relationship with the factory is not an employment relationship, so it is not a violation of the labor law, and the "minimum wage" regulations do not apply, let alone a labor inspection report.

If you go to the factory for an internship (according to your words, it is a "part-time job", but in fact, it is an internship), the unit should give the intern money, but it should be noted that this is not a "salary", the salary refers to the remuneration for establishing labor relations, which is called salary, and the name has its own name, which can be called "living expenses", and it is best to call it "internship fee". Let's call it the "internship fee".

The amount of the internship fee will be negotiated between you and the factory. Note that because it is not a labor relationship, the amount of the internship fee is not limited by the "minimum wage standard", and there is no need to go through the recruitment procedures and pay social security with the labor administrative department, etc., and the internship fee can be calculated on a daily or monthly basis, as long as the two parties negotiate well, it will be completed. It is advisable to sign an "internship agreement".

As for what you said, on the issue of deducting money, if it was not stipulated in the "internship agreement" at the beginning, then there is a gap in the law on this issue.

The boss has a bad attitude, this is the boss's character problem, as long as there is no verbal insult or beating, you can't help it, he didn't break the law, and you can't call 110.

After reading your supplementary note, I answered as follows:

If you are a student in school, the law stipulates that you cannot sign a labor contract or establish a labor relationship, which is an internship.

I understand and sympathize with you for being full of resentment now, but the law is the law, even if when you first entered the factory, it was not in the name of an internship, but in fact, you are an intern.

The boss knows this law, but you don't know it, he is chasing the law and using your "cheap labor", and you can only swallow it. Right when you pay for the tuition fees now.

I also hate this boss, but the law is helpless either.

Of course, don't be angry, "Isn't it just that as long as he says, you are an intern, you don't have to pay me anything?" ”。I said, the boss can't be stupid to this extent, don't pay any compensation, and if someone is handled, the boss will definitely pay the payment, but he just deducts the money under the name of making a mistake and pays less.

Hello, to the problem you described, the lawyer replied as follows:

First of all, you need to confirm the facts of the employment relationship with the employer, such as pay stubs, attendance records, and documents in the course of work.

Secondly, after the employment relationship is confirmed, the employer may be required to pay back wages for the illegal act of arrears of wages. From the date of employment, double wages are not signed within one month without signing a written labor contract.

Third, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

Personal opinion: You say that you are a college student, or you have not graduated, the labor contract law stipulates that before graduation should be called the internship period, the internship company does not need to pay you salary, when you enter the company, you should negotiate with the company, sign an internship agreement, you can negotiate the internship subsidy. The thing that was said later to deduct money on the grounds of vacation should not be legal,

College students are not allowed to sign labor contracts, and most of the provisions of the Labor Law and the Labor Contract Law are not applicable. At present, there are no special regulations on internships for college students, but in order to protect their legitimate rights and interests, they must sign an internship agreement with the unit. I can only suggest that you consult the labor department, and the others really can't help.

Collect evidence to apply for labor arbitration. Grasp the wage algorithm and well below the minimum legal wage.