-
It depends on how long you've been on the site and when you've been there. According to what you said, although you have not signed an employment contract with your boss, you have formed a de facto employment relationship. If your boss does not sign an employment contract with you within a month, then he must pay you twice your salary for each subsequent month.
If there is no labor contract for more than one year, it is deemed to have concluded an indefinite labor contract. In this case, if you are not at fault, if the boss takes the initiative to terminate the employment relationship and you agree, then the boss must compensate you at twice the amount of the severance payment.
-
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 shall notify the employee one month in advance when terminating the labor contract, otherwise it shall pay one month's severance as a payment in lieu of payment.
Third, if an employer illegally terminates a labor contract, it may claim economic compensation, which is twice the amount of economic compensation.
Fourth, 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!
-
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 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.
-
Legal analysis: If the employer fires his salary, he or she shall settle the wages of the laborer in a lump sum within 5 days from the date of termination of the labor contract. If the employer is in arrears of wages, the employee may file a complaint with the labor inspection department or apply to the labor dispute arbitration commission for labor arbitration.
If you are not satisfied with the Senji arbitration, you can also file a lawsuit in the people's court for compulsory enforcement. In addition, the employer and the employee shall fulfill the obligations stipulated in the labor contract, and may take relevant measures if there is any violation.
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 labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;
2) Paying wages to workers at a rate lower than the local minimum wage standard;
3) arranging overtime work without paying overtime pay;
4) Dissolving or terminating a labor contract without paying the employee economic compensation in accordance with these Regulations.
-
Of course, you can ask for wages, and if you sign a labor contract, the boss also needs to compensate you for other losses.
-
This is a violation of the labor law, and he went directly to the labor inspection brigade to sue him. The Labour Inspectorate will deal with the matter in accordance with the law and seek justice for you.
-
1. According to your description, if the boss dismisses the employee without reason, then the boss is suspected of illegal dismissal, you can claim compensation, the compensation is calculated according to the number of years of service, and two months' wages are paid for every full year, and if it is more than six months and less than one year, it is calculated as one year, and if it is less than six months, one month's salary is paid (the salary here refers to the average salary of the twelve months before the termination of the labor contract).
2. According to the regulations, the employer shall not default on the wages of the employee without reason, and if the boss is in arrears, the boss's behavior is illegal.
3. It is recommended to negotiate with the boss about compensation and wages, and if the negotiation fails, you can complain to the labor inspection brigade or apply directly to the labor arbitration commission for arbitration (bring the labor contract or salary slip, work card, colleague testimony, etc.).
-
Do you have an employment contract?
If you have a contract, you can go to labor arbitration!
Demand for wages and compensation!
-
According to the law, the boss should pay you 8,500 yuan in salary. The 100,000 yuan he pays is not the same thing as paying your normal salary.
Moreover, in the event of a traffic accident, if the traffic management department determines the human responsibility of the bicycle crossing, you do not have to pay compensation, and your compensation is based on morality, not legal basis. Of course, if you are indeed legally responsible for driving, your car must have bought compulsory traffic insurance, and all legally operated vehicles are forced to buy compulsory traffic insurance during the annual inspection, so the insurance company will compensate.
-
There is no labor contract. If you don't have a long mind, talk to the boss and remember to record it. Seek arbitration from the labor department. You can get it all back.
-
According to the provisions of the Labor Law and the Regulations on the Settlement of Labor Disputes in Enterprises, after a labor dispute arises between an employee and an employer, it can be resolved in accordance with the following procedures:
1) The two parties negotiate and settle the matter on their own. The parties negotiate and reach an agreement on a voluntary basis.
2) Mediation process. If the two parties are unwilling to negotiate on their own or fail to reach an agreement, both parties may voluntarily apply for mediation by the enterprise mediation committee and consciously perform the agreement reached through mediation. If the mediation fails, the applicant may apply for arbitration. The parties may also apply directly for arbitration.
3) Arbitration Proceedings. One or both parties may apply to the Arbitration Commission for arbitration. The arbitral tribunal shall first mediate, and if the mediation fails, make an award.
If one party fails to perform the effective arbitration mediation agreement or award, the other party may apply to the people's court for compulsory enforcement. This procedure is a pre-procedure for the people's court to handle labor disputes, that is, the people's court does not directly accept labor dispute cases that have not gone through the arbitration procedure.
4) Court proceedings. If a party is dissatisfied with the arbitral award, it may file a lawsuit with the basic people's court within the prescribed time limit. The people's courts shall conduct trials in accordance with civil litigation procedures, and implement a two-instance final adjudication system. The court trial procedure is the final procedure for the settlement of labor disputes.
Don't judge yourself by the eyes of others, it's not others who know you best, it's yourself. Learn to reflect, summarize failures and lessons, and believe that you will have a better future. If you can handle these setbacks correctly, I believe that these setbacks will become valuable assets for your future. >>>More
Work is always criticized by the boss, if you don't have ideas, you have to find a way to expand your ideas, you can ask your seniors for advice, you can communicate with colleagues, I hope they can provide some help, and don't feel discouraged because of the boss's criticism, you can check some relevant information on the Internet to broaden your thinking.
No. As of May 2021, RT-Mart's boss is not Jack Ma.
It was founded in 1996 by Yin Yanliang, President of RT-Mart Runtai Enterprise Group. >>>More
Go to your local labor arbitration department to apply for labor arbitration. If the situation you state is true and there are no other circumstances in which you are at fault, then it can be said that you can definitely get your severance pay in a lump sum. In addition, if you do not sign a labor contract, in this case, the company should pay you double the salary during the time when the labor contract was not signed in time, that is, when you apply to the arbitration commission, you can apply for the reason that the company does not sign the labor contract with you, on the one hand, because the company is at fault, you can still get about half a month's economic compensation, on the other hand, because the company has not signed a labor contract with you in time, then except for the first month of your employment, you should have double salary every month thereafter. >>>More
First of all, you need to determine if you are lacking in your work. >>>More