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See if your factory is regular, and regular will not have this problem.
It is not a formal factory, at this time, you try to negotiate and ask for money on the grounds of personal matters, and you can't apply for labor arbitration. It's really not okay to deliberately have some flaws in the work, which will not affect the problem of principle, but the boss will be angry, and then you will wait to take the money and leave.
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If the employer delays the payment of wages when the employee's resignation expires, the employee may apply for labor arbitration and request the employer to pay the wages owed to the employee. How to apply for labor arbitration: 1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration
2 copies of the application for arbitration and 1 copy of the applicant's certificate of sale; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing). 2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court; 3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit. Article 50 of the Labor Law of the People's Republic of China stipulates that wages shall be paid to the worker himself in the form of money on a monthly basis.
Wages shall not be deducted or unjustifiably delayed. Article 18 of the Interim Provisions on the Payment of Wages stipulates that labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the worker's wages and economic compensation, and may also order the employer to pay compensation
1) Deducting or delaying the wages of workers without reason; (2) Refusal to pay wages for extended working hours; (3) Paying wages to workers below the local minimum wage standard. The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State. Credit.
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Hello! After a month of resignation in the factory, the delay time in the factory is as follows: 1. It is recommended to send your resignation letter by courier, and you can leave your job as soon as the 30 days arrive, if the unit does not pay your salary, you can complain to the labor inspection department 2. Legal basis:
1) Article 37 of the Labor Contract Law (2012 Amendment) [Termination of Labor Contract by Advance Notice] An employee may terminate a labor 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. 2) Article 9 of the Law on Mediation and Arbitration of Labor Disputes [Labor Inspection] If an employer violates the provisions of the state by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall deal with it in accordance with the law.
Hello, the above is yes, you can refer to it, I hope it will help you to talk about the mountain I wish you a happy life! __
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Legal analysis: If the company fails to pay the employee's wages on time, the employee can terminate the labor disturbance contract at any time, and immediately require the company to pay the employee's arrears of wages and 25% of the economic compensation according to the arrears of wages.
Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China If an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay 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 the wages of laborers at a rate lower than the local minimum wage standard; (3) arranging overtime for demolition and excavation without paying overtime pay; (4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
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What should I do if I don't let me go when my resignation expires, saying that there are regulations in the factory?
Hello, I am very happy to answer for you, the company does not let you go, the company is illegal, the company needs to cooperate with the labor hall to handle the resignation procedures. If the company leaves the company without authorization and causes substantial losses to the company, the company may require the employee to compensate. However, if the employee is not allowed to leave or go through the resignation procedures, the worker can complain to the Supervision Brigade of the Labor Bureau, and the Supervision Brigade will order the unit to make corrections; If the coordination of the supervision team fails, the worker can apply for labor arbitration;
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Hello dear, if the old stare board does not go, then you can try to contact the local labor bureau and ask them to help you solve this problem. The labor bureau has the right to ask the boss to let you go, and can compensate you for a certain amount of money. In addition, you can also try to file a complaint with the local Labor Minze Cong Arbitration Committee and ask them to mediate to resolve the problem of the boss not letting you walk the bridge.
If none of these methods work, you can file a labor dispute case with the local court and ask them to rule that the boss will let you go and pay you a certain amount of compensation.
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Legal analysis: normal resignation, the company does not let go, the company violates the law, the company needs to cooperate with the employee to go through the resignation procedures. If the employee leaves the company without authorization and causes substantial losses to the company, the company may claim compensation from the employee.
However, if the employee is not allowed to leave or go through the resignation procedures, the worker can complain to the Supervision Brigade of the Labor Bureau, and the Supervision Brigade will order the unit to make corrections; If the coordination of the supervision team fails, the worker can apply for labor arbitration; If the company refuses to implement the arbitration decision, the employee can sue.
Legal basis: Law of the People's Republic of China on the Promotion of Labor Compounds
Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
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. If the employer and the employee enter into a labor contract before employment, the labor relationship shall be established from the date of employment.
Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.
Under normal circumstances, when you resign and expire, the employer will pay off all the wages and subsidies for you. However, some units need to be postponed for one to two weeks. You can apply for a settlement of wages with your leader. If. In arrears, you can appeal if you don't pay the settlement salary.
There is a certain amount of truth, after all, if you take such a long leave at one time, it will definitely have an impact on the operation of his company. Your position must exist for a reason, and it will work. Otherwise, if you take a long leave of absence for a long time, it will not affect the boss, why does he set up that position.
Keep your employment contract safe, as long as you do not indicate in black and white that you do not renew the employment contract, work until the expiration date of the labor contract, and ask the employer for the certificate of termination of the labor contract as stipulated in Article 50 of the Labor Contract Law, if the employer refuses to issue it, it shall be handled in accordance with Article 89, and the content of the certificate shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law. >>>More
If you have not signed a labor contract, the employer shall pay you double your salary, make up social insurance, and pay economic compensation for the termination of the labor relationship (see Article 1 of the Labor Contract Law and Article 1 of the Regulations for the Implementation of the Labor Contract Law for details). 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. >>>More
If the other party has the sincerity to repay the loan, but is temporarily unable to repay the loan or repay the loan in full at one time, it may consider giving an appropriate and reasonable grace period or repaying the loan in installments. If the other party has no sincerity to repay but has the ability to repay, it is recommended to take appropriate measures to put pressure on the other party to repay the loan. If the effect of dunning cannot be achieved by non-litigation means, it is recommended to immediately take legal measures to protect rights. >>>More