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1. The labor contract signed by both parties;
2. Salary card, salary passbook, salary slip or record confirmed by the unit, and employee roster stamped by the unit;
3. Records of the employer's payment of various social insurance premiums for the employee;
4. "Work Permit", "Service Certificate", "Health Certificate", "Post Certificate" and other documents that can prove the identity issued by the employer to the employee;
5. Recruitment records such as the "registration form" and "registration form" filled in by the employee;
6. Attendance records stamped by the employer and working time attendance sheets;
7. Testimonies of other workers, etc., and certificates from colleagues on the job;
8. Sealed project contract (involving the signature of the person), letter of intent, project bidding with you, etc.;
9. Proof of the business trip of the unit, and the corresponding evidence of the business trip, such as the evidence obtained from the customer of the unit.
10. Piecework record sheet (table) of labor results signed by middle-level managers;
11. Reminder notice of water and electricity bills, rewards and punishments of units, notices and notices;
12. Certificate of merit and prize with your name recorded on it issued by the unit;
13. Formal letter of introduction and power of attorney for the company's start.
The most powerful evidence is to be able to provide the first "employment contract signed with the employer". It is also important that other evidence corroborates each other.
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Haha, there's no need, the procedure is too cumbersome, or you won't do it, or you'll be obedient.
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So go to the labor bureau and sue the company:
1. Prepare relevant materials, including labor contracts, evidence, etc.;
2. Submit an application for a complaint or report to the Labor Bureau, and attach the corresponding factual evidence;
3. The Labor Bureau will apply for acceptance.
[Legal basis].Article 5 of the Law on Mediation and Arbitration of Labor Disputes.
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.
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Legal analysis: If a dispute arises between an employer and an employee and is unwilling to mediate, it may apply for labor arbitration.
According to the laws of China, 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.
Legal basis: Labor Dispute Mediation and Arbitration Law of the People's Republic of China 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.
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Legal Analysis: If the Labor Bureau fails to perform its statutory duty to protect the legitimate personal rights and property rights of the workers, the workers may file an administrative lawsuit against the Labor Bureau in the people's court. The law stipulates that if the labor rules and regulations formulated by the employer violate the provisions of the laws and regulations, the labor administrative department shall give a warning and order corrections.
Legal basis: Article 89 of the Labor Law of the People's Republic of China Where the labor rules and regulations formulated by the employer violate the provisions of laws and regulations, the labor administrative department shall give a warning and order corrections; If damage is caused to the worker, he shall be liable for compensation.
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1. What should I do if the staff fights and searches for workers to sue me at the Labor Bureau?
1. If an employee goes to the labor bureau to sue the unit, the unit had better reflect on whether it has violated the rights and interests of the employee and solve it in a timely manner. Generally speaking, if an employee reports a complaint to the labor bureau against the employer, the employer will be punished once it is verified, and if there is no illegal act, it is meaningless to be reported.
2. Legal basis: basis.
Article 47 of the Labor Contract Law of the People's Republic of China stipulates that economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of 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. 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.
II
The company does not pay wages to ** complain
If the company does not pay wages, it can complain to the local labor administrative department (labor inspection brigade). Precautions for employees to report and complain: The reporter and complainant must truthfully provide the name and address of the reported and complaining unit, and the specific situation of the violation.
The complainant is required to file a complaint in his or her real name and submit his ID card and basic evidence. The complainant shall provide the complaint document for the complaint. If it is truly difficult to write a complaint document, the complaint may be made orally, and the receptionist of the reporting center will make a record.
According to the regulations, the employer shall pay the employee labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract and the provisions of the state. If the employer is in arrears or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
I hope the above content can be helpful to you, if you have any other questions, you can click the button below to consult, or consult a professional lawyer.
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Lawyer analysis
Yes, labor arbitration is a legal provision for the adjustment of the labor relationship between the employer and the employee, and has nothing to do with the economic nature. As long as the two parties have established an employment relationship and a dispute arises, they can accept arbitration. If it is a self-employed individual, the property of the self-employed individual can be enforced; Enforceable family property.
The law stipulates that the debts of individual industrial and commercial households, if they are operated by individuals, shall be borne by personal property; If it is run by a family, it shall be borne by the family property.
Article 2 of the Labor Arbitration Law of the People's Republic of China The following labor disputes between employers and workers within the territory of the People's Republic of China shall be governed by this Law:
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;
4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;
5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;
6) Other labor banquet disputes as provided for by laws and regulations.
Legal basis: Article 29 of the General Principles of the Civil Law.
The debts of individual industrial and commercial households, which are operated by individuals, shall be borne by personal property; If it is run by a family, it shall be borne by the family property of Xiangxian.
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Legal analysis: If an employee goes to the labor bureau to sue the company, the labor bureau will accept the complaint within its jurisdiction, and will go to the unit to conduct relevant investigation and verification.
Legal basis: Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes 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;
4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;
5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;
What documents are required to file a complaint with the Labor Bureau.
It should be fine, because the indefinite time limit when renewing is a national regulation, and what your boss said doesn't work, hehe, it doesn't matter if it is changed, it depends on the labor law.
Under normal circumstances, companies are afraid of being complained to the Labor Bureau, and the consequences may include adverse effects on the integrity of the company; There are generally legal costs or adverse legal consequences; It will affect the cohesion and centripetal force of the enterprise, and have a negative impact on the survival and development of the enterprise. If an employee files a complaint with the Labor Bureau or the Labor Inspectorate against the person in charge of the enterprise, there will be adverse legal consequences or corresponding legal liabilities, such as fines. It depends on what was complained to the Labor Bureau; If the violation is minor, the labor administrative department may order you to make corrections, and if the violation is too serious and the payment is overdue, the human resources and social security department may order the employer to pay additional compensation to the employee according to the standard of 50% to 100% of the amount payable; If a crime is constituted, criminal responsibility shall be pursued in accordance with law, and the crime of refusing to pay labor remuneration may be suspected.
Useful. Workers who are in arrears of wages, do not pay wages, or deduct wages can call 12333** to complain, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade. >>>More
There is no specific time for this, and labor arbitration cases are generally concluded within 60 days. If the other party does not enforce the judgment after the judgment, it will also apply for compulsory enforcement. >>>More