-
If the contract is a collective contract, the contract is formed. If it is only a general employment contract, then such a contract is not established. The establishment of a collective contract is only a reference for an individual's labor contract, and does not mean that it is executed in accordance with the collective.
-
If you do not sign a labor contract after one month at the company, you will be held liable for violating the provisions of the Labor Contract Law, no matter how much you have.
-
According to the new labor contract law, you must sign a labor contract with the employee one month after joining the company, otherwise you will be paid double the salary, please consult if you have any.
Lawyer Wang Kefeng.
-
1.Didn't sign an employment contract, is it because you didn't sign with them or did they not sign with you? Has the company ever given you a written document asking you to sign an employment contract with the company?
If the company doesn't sign with you, you can leave at any time, which is one.
2.How long have you been with that company? From the first day you get it. If it is more than one month, from the second month, he will give you double the salary, which you can apply for labor arbitration, and you will definitely win.
3.If the company refuses to pay wages and you apply for labor arbitration, the relevant departments will impose administrative penalties on the company (including the company if he fails to sign a labor contract with you in time).
4.From your description, for now, there are no adverse consequences for you.
5.How to assert your rights: Apply for labor arbitration. Because this is a statutory pre-procedure, you must apply first, and then if there are any problems, you can go to court to sue.
-
If you don't have a contract, you can apply for labor arbitration, although it takes a long time, but the current labor law has stipulated that the company and the employee must sign a labor contract, and the company will not take advantage of this. So, there is basically no need to worry.
-
It is a legal obligation for the employer to sign an employment contract with the employee, and if the employer does not sign the employment contract, it is illegal for the employer and the cost of illegal behavior is greater.
Liability for failure to conclude a labor contract: Article 82 Where an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.
If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.
-
Article 19 of the Labor Contract Law stipulates ".
The same employer and the same employee can only agree on a probationary period once. The meaning of " refers to the situation in which the employee does not leave the post after joining the company.
You've worked for a company, then left, and now you're coming back to the company, and maybe something has changed, or maybe you've been able to adapt to the job and can't. Therefore, if the employer requires a probationary period, then it can only sign an employment contract with a probationary period.
-
Without signing a labor contract, the employee can leave the company at any time without any responsibility.
If the company refuses to pay wages, you can go to the local labor department to request arbitration, require the company to pay wages, and bring evidence of work during the period, such as time cards, etc. Don't mention leaving the company, etc., these companies will say, if they want to deduct your money, they will also take out the contract, then the contract expires, doesn't it mean that you haven't signed a new contract? Also, look carefully to see if there is a clause in the contract or employee handbook that automatically extends the contract when it expires.
-
1. It is the responsibility of the employer not to sign the labor contract, you can ignore it, and you don't have to worry about it, the legal risk of employment lies with the employer.
2. Social insurance is prescribed by the state and shall be established from the date of employment, regardless of whether the labor contract is signed or not, it is illegal for the employer not to handle it. It is also illegal not to pay labor remuneration on a monthly basis.
3. When you don't want to work in this unit anymore, you can request the employer to pay double wages one month after the date of employment in accordance with Article 82 of the Labor Contract Law. At the same time, it is required to supplement all social insurance.
4. If the unit does not pay, apply for labor arbitration, and win the lawsuit 100%, so there is no need to worry now. However, it is necessary to pay attention to the collection of evidence that can prove the employment relationship.
5. The illegal behavior of the unit can also be used as a reason for your legal resignation, not only is it not subject to the restriction of 30 days in advance, but it does not need to be approved, and you can leave immediately, and you can also claim one month's salary for each year of work in accordance with the provisions of Articles 46 and 47 of the Labor Contract Law.
-
After the labor contract is signed, the employer can claim compensation if it does not pay the employee.
-
Yes, if you do not sign a written contract from the second month of employment, you should pay double the salary, but it is subject to a one-year statute of limitations, that is, from the third year of employment, the statute of limitations will be expired. As for other compensation, it depends on the circumstances.
-
Employees can inform the company of their desire to enter into a written employment contract with the company. If the company is negligent in signing the contract, the employee does not need to worry, as long as he remembers to collect the relevant evidence of the existence of a de facto labor relationship between the two parties.
-
Absolutely, and from the second month onwards, you can also ask the company to pay you double your salary.
-
1. If you don't sign a labor contract, you can get double the salary. The Labor Contract Law stipulates that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.
2. If the same unit cannot negotiate to solve the problem, you can apply for labor arbitration.
-
Haha, who told you not to sign a contract, no matter what channel you have to sign a contract. The HR or legal manager of your department is too bad, just fire, find a regular and experienced HR or legal manager. You still want to imitate the handwriting, really, be careful that your boss is imprisoned for fraud, and you, as a **, are also jointly and severally liable.
-
Before the law, responsibility cannot be shirked on the basis of human feelings. If the employer does not take the initiative to ask the employee to sign the contract, it is the fault of the unit, and the employee took advantage of this and found your loophole to take advantage.
It is advisable to consult with him to see if you can reduce the amount of money a little.
-
In winter, my hands and feet are cold, how can I improve them?
-
Labor arbitration settles the matter! It is completely possible to win the case. Yes.
1. The unit seriously violates the law, and the Labor Contract Law stipulates that a labor contract should be signed within one month of establishing a labor relationship.
2. Because of the illegal behavior of the unit, you can resign at any time and ask the unit to pay you economic compensation, double salary, etc., and pay social security. Overtime pay is paid.
3. It is a labor dispute, you should file for labor arbitration as soon as possible, you do not need to bear any responsibility, and you can leave your job at any time. The employer does not have the right to garnish any wages.
4. Collect some evidence that can prove that you have an employment relationship with this unit, such as work cards, salary cards, attendance records, etc.
Legal basis. 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 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.
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.
-
Guangdong lawyer Hu:
You can sue the company and demand that the company pay double wages and social security for 2 months of work if you do not sign the contract from the second month.
-
It is possible to sue the company, although the employee must sign a labor and employment contract during the probation period, and the extension time, you here is more than two months of wages must be doubled to pay you compensation, and now the state attaches great importance to these, a sue is allowed, but there must be evidence, if you sue the period, do not agree to what fingerprint or signature or copy you want.
-
If you don't pay your salary, you can sue the company.
-
It's a bit hard! He has a reason to lay you off, and you haven't signed a contract.
-
Articles 10 and 19 of the Labor Contract Law stipulate that the probationary period is stipulated in the employment contract, and the argument that the contract is signed after the probationary period is already illegal.
Furthermore, according to Article 82 of the Labor Contract Law, if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.
You can go to the labor department to apply for labor arbitration and ask the company to compensate you at the rate of 2 times your salary per month.
Of course, this is only if you can provide evidence that you have been with the company for two months.
-
1. In the case you mentioned, the unit has violated the law. You can report to the local labor department or directly initiate labor arbitration.
Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.
The same employer and the same employee can only agree on a probationary period once.
Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.
The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.
Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.
-
To put it simply, the law protects the legitimate rights and interests of workers, regardless of whether the employer is a state-owned enterprise or a private enterprise, and does not sign a separate contract. If you do not sign an employment contract, according to the provisions of the Labor Contract Law, the employer needs to pay you double the salary, and after one year, you will be deemed to have signed an indefinite employment contract with the employer.
-
No, how long have you been working without a contract? If you have less than one year, the company will compensate you for one month's salary (working month -1), and if you have completed one year, you will not only be compensated for your salary, but also be deemed to have signed an indefinite labor contract with you.
-
Protected by labor laws. The key is to find evidence in your favor.
-
Protected by law. The level of protection depends on the level of law enforcement in your area. Based on your current situation, the recommendations are as follows:
1. Commute on time, safety first. 2. Collect evidence for future use (attendance cards, pay stubs, work-related items that can prove your existence, group photos of colleagues in the unit, etc.). 3. When you don't want to do it anymore, you resign and ask the company to compensate for economic losses in accordance with the law a. As an enterprise, you have not signed a labor contract with the employee and ask for double wages.
b. Make up the social insurance from the month you enter the company. The personal part is the responsibility of the individual. Notes:
All of them should be written in black and white Time card (can be copied) Payslip (originally given to you, bank card, remember to issue a bank statement) **: Can clearly distinguish your company, the place where you work. You don't need to hire a lawyer to handle this kind of case, you can go directly to the labor department where the unit is located The above is just a small suggestion, just for reference, thank you.
-
1.The same law has not yet been implemented, if the unit does not sign a labor contract within one month after the implementation, but there is a de facto labor relationship, the unit has to pay double wages, and the unit does not dare not sign with you 2Publicize the internal rules and regulations, and archive the relevant materials of the publicity; 2. Copies of employee ID cards, graduation certificates, professional title certificates, etc. are archived; 3. Sign a formal labor contract from the date of employment, agree on the probation period, and pay insurance; 4. If there is any training fee, please indicate it in the conditions agreed in the labor contract; 5. The technical backbone is recommended to keep people with feelings, careers, and treatment.
-
If the company goes bankrupt, the worker must also be compensated financially. If the company does not pay, it is recommended to report to the Employment Bureau and the Arbitration Commission as soon as possible, and apply for double wages and economic compensation in accordance with the provisions of the Labor Contract Law.
-
If there is no proof of labor relationship, apply for labor arbitration as soon as possible, and demand that the wages be settled, severance payments should be paid, and double wages should be paid for those who have not signed a labor contract.
-
From the second month, it is possible to request double the payment of wages, which can be submitted to labor arbitration.
-
You can claim compensation for double your salary. However, if the company goes out of business, will the boss be able to compensate? It's up to your luck. Finding a job is the number one priority. Suggested by netizens, for reference only. Good luck!
Usually try to minimize the time and frequency of using electronic products, not too close when using, and pay attention to adjusting the brightness when using at night.
In the event of a traffic accident involving a motor vehicle, the motor vehicle party shall first bear the no-fault liability within the liability limit of the compulsory insurance of the motor vehicle, and it is still insufficient to make up for their respective losses, and the two parties shall bear their respective responsibilities according to the division of traffic accident liability. Because the motor vehicle party is responsible for this traffic accident, the deceased party has the right to claim compensation with a maximum liability limit of 122,000 yuan (medical expenses and property damage are calculated according to the facts or in accordance with the regulations), and the part exceeding the limit of compulsory traffic insurance shall be shared by both parties according to the division of responsibility. >>>More
Being the chairman of the board of directors of a company is not directly related to the percentage of shares owned in the company. >>>More
Less than 2,000 or so, counting the 11 days of statutory holidays throughout the year, it will be ...... >>>More
New China Life Insurance Company was established in September 1996 and is headquartered in Beijing. In 2011, it was listed in Hong Kong and Shanghai simultaneously. >>>More