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You can get compensation.
You have not signed a contract now, but the Labor Contract Law stipulates that as long as there is a de facto employment relationship, it is protected by law, and the employer must sign the contract within one month after the employment is employed. Your employer must pay you compensation.
All you need to do now is prove that you're working for this company for the rest of your time.
You can go to the trade union for mediation, or file a complaint with the Labor Bureau and its Labor Inspection Brigade, or you can apply for arbitration by the Labor Dispute Arbitration Commission, and if you are not satisfied with the arbitration, you can file a lawsuit with the court.
Supplement: Both Shenzhen and Beijing are available.
Shenzhen is the place where the legal entity is located, and Beijing is the de facto place where the labor relationship is concluded.
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Labor arbitration should take place at the company's location. You can go to the bank to which the payroll card belongs to print the details of the salary payment, which can prove that you have an employment relationship with the company. Former personnel and clients can testify in court to prove that you have an employment relationship with the company.
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1 According to the provisions of the Labor Contract Law, you should be compensated.
2 You can apply for arbitration at the local labor dispute arbitration commission.
3 Remittance slips, payroll cards and former Woring personnel as well as current clients or work permits can all be proven.
4 Although your place of work is Xi'an, but the office is in Beijing, your salary is also paid by the Beijing office, that should be a labor relationship with the Beijing office, you have to go to the labor dispute arbitration committee of the labor bureau of Beijing* District (the district where the office is located) to apply for labor arbitration.
Counselor No. 2.
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From your description, there is no obvious violation of the law, you have been working for 20 days, it should be in the probationary period, I don't know if there is a probationary contract, if there is no contract, the company is illegal. The company dissuades you from quitting and allows you to resign, which should be paid accordingly, and if the corresponding remuneration is not paid, it is also illegal. If the company has not signed a contract and has not paid the corresponding remuneration, and the negotiation cannot be resolved, you can file a complaint with the local labor department.
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The labor law stipulates that the company has a period of use for new employees, and the company persuades you to leave the company, and you need to pay you the corresponding salary, otherwise the company violates the labor law.
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This is certainly a black-hearted business.
I also encountered a situation like this last time, I interviewed a company, used it for a month, and I didn't sign a contract, and I didn't have a punch-in record.
On the seventh day, he said that I was not fit for the job. I said okay, then please settle the salary of these seven days, and he said that the seven days are the training period, and we train you, and there is no salary! I didn't explain this at all during the interview.
Then I called 12345 to report the situation, and the people from the labor center contacted the boss, but the boss said that he had not seen me!! It took me two days to go to arbitration and get my salary back.
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From the perspective of labor law, there is no probationary period, as long as you go to work in other companies, you have been protected by all labor laws! If you don't understand, read what I've said three times! After that, thank you!
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The company has the authority to transfer personnel and arrange work in its daily work.
Personally, I feel that the problem is mainly related to whether the duration of the probationary period has been agreed in advance. Twenty days is generally spent during the probationary period, which is the period of mutual inspection between the employer and the employee.
If the company dissuades the company from quitting, it can ask the employer to settle the labor remuneration. If the settlement is not made as agreed, you can file a complaint with the labor inspection department. If the probationary period is over and you have officially been hired, you can claim compensation for breach of contract.
It is illegal for the employer to not sign a contract, whether it is a representative or does not pay social insurance for the employee.
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Companies are basically routine companies, which are to use free newcomers to use their labor resources to work for them, and in the end, they will all be cleaned up, so such companies are deceptive, in fact, they don't need to recruit people, if you can get evidence, you can go to the labor bureau to report them.
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The company has been suspected of violating the law, do not sign the contract randomly. You can call the mayor of 12345 to complain, and they will ask the relevant labor protection unit to contact you to protect your legitimate rights and interests. During this period, evidence of the unit's crime was collected.
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You can go to the labor inspection department to complain, pay attention to the collection of evidence, contract and chat evidence, salary, even if the probation period is even one day, you can ask for salary, if you are employed at the same time, you can find a few more to go with, there are many people.
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You can report to the labor inspection department of the jurisdiction where you work (free of charge). You will be paid for 21 days. If necessary, labor arbitration may be applied.
In this case, the two parties did not sign the formal "Labor Contract" and the "Civil Code" on the 1st of the 12th, and they had to pay wages for one day, which was enough for Hulai Company not to dare to deduct any wages from the employees.
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If the company discourages the employee from going to work, the company needs to pay salaries and compensation, and you can go to the labor inspection brigade to defend your rights.
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If the employer does not sign a labor contract, the employee shall be paid double wages from the second month to the first year, and the labor contract shall be deemed to have been signed for an indefinite period after one year.
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Keep evidence for arbitration, clock-in and clock-out records, employee badges, uniforms, and work sites. Feedback to the local labor bureau.
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It is already illegal to not sign a contract and a probationary contract, if the salary has been paid during the working period. Then forget it, if it is not sent, you can complain to the labor department. In the future, pay attention to signing the contract before going to work.
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It is not illegal, but you have to pay liquidated damages.
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Article 6 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China 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 salary in accordance with Article 82 of the Labor Contract Law and make up a written labor contract with the employee; If the employee does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law.
Article 82 of the Labor Contract Law of the People's Republic of China 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.
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.
Article 38 An employee may terminate a labor contract under any of the following circumstances:
1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;
2) Failure to pay labor remuneration in full and in a timely manner;
3) Failure to pay social insurance premiums for workers in accordance with the law;
4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;
5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.
So, it is possible to ask for financial compensation.
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1.How can we press the performance agreed in the contract?
If the employer fails 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, the labor administrative department shall order the employee to pay the remuneration within a time limit; 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. It is based on Article 85, Paragraph 1 of the Labor Contract Law.
That is to say, you can negotiate with the company first to let the company pay according to the contract, and if you can't negotiate, you can go to the labor bureau for arbitration.
2.Now I just want to find a company but I don't dare, I'm afraid that I won't be able to get the money.
It is advisable to gather evidence by yourself, such as pre-sale contracts or other information that can prove that you sold them.
3.I don't know if I have the right to ask the company to dismiss me after signing what I sold.
If you violate Article 39 of the Labor Contract Law, the company has the right to terminate the contract immediately according to the law, and if you do not violate Article 39, the company can only terminate the contract in accordance with Article 40 or 41 30 days in advance or pay an additional month's salary.
4.Or whether we have to tell us in advance if he fires him, such as a month's time.
The employer may terminate the labor contract after giving 30 days' written notice to the employee or paying the employee an additional month's salary, but the termination of the contract is illegal unless the statutory circumstances are met.
5.If the company is dismissed, it is the contract terminated by the company, can the 10% of the deduction be recovered?
Even if you are not fired from the company, you will have to get back the deducted part.
If an employer violates the provisions of this Law by collecting property from a worker in the name of guarantee or other means, the labor administrative department shall order the worker to return it within a specified period of time and impose a fine of not less than RMB 500 but not more than RMB 2,000 per person; If any damage is caused to the worker, he shall be liable for compensation. The basis is Article 84, Paragraph 2 of the Labor Contract Law.
In addition, the deduction of wages can be handled according to the explanation in point 1, and the wages include commissions.
In addition to the question you asked, I would like to remind you that if you do not meet the requirements of Articles 39-41 of the Labor Contract Law, the company has no right to dismiss you, and if you do so, it is illegal. You can request the company to continue to perform the employment contract in accordance with Article 48 or choose to have the company pay compensation, if you cannot negotiate with the company, you can settle it by arbitration.
Hope it helps, good luck!
Addendum: There is still a difference between "resignation" and "dismissal" in the legal sense.
Unilateral dismissal by the employer is called dismissal, unilateral termination of the contract by the employee is resignation, and termination of the contract by agreement between the employer and the employee or failure to renew the contract after expiration is resignation.
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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.
Second, after the labor relationship is confirmed, the employer can be required to pay back social insurance and wages.
Third, 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.
Fourth, if a written labor contract is not signed to pay double wages, a written labor contract shall be signed within one month from the date of employment.
Fifth, if an employer illegally terminates a labor contract, it may claim economic compensation, which is twice the amount of economic compensation.
Sixth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!
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1.If the dispute cannot be resolved through negotiation, it is usually resolved according to the contract, that is, the commission according to the sales contract amount agreed in your contract.
2.The remedy against you for selling more than 100 homes and not signing a contract is that you must have sufficient evidence that more than 100 houses are sold by you.
3.Suggestion: Change and improve the terms of the contract and concretize it.
If you fail to reach an agreement with the employer, you can apply for labor arbitration to protect your legitimate rights and interests.
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Hello: If you want to choose a foolproof method, it is recommended that you keep the original contract and then wait for the signing of this batch of houses to ask the company to pay the commission immediately, after all, it will not be long until the end of November, and it will reduce a lot of trouble, right?
Then, after the contract is signed, bring your contract and salary slip to the company to request the commission payment. At the same time, you should clearly see whether the contract you signed with the company at that time is an employment contract, a labor contract or a general entrustment contract (you can take the contract to the labor arbitration department and ask them to help appraise it). If it is an employment contract, you can file a request for arbitration directly with the labor arbitration department.
If it's another contract, you can ask the court for a payment order that requires the company to repay the principal with interest.
Hope the answer is helpful to you.
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If the employer has not paid the commission, and you have been in the habit of delaying the payment of the basic salary for a long time, you can apply to your local labor arbitration commission for labor arbitration, if the employer dismisses you, you can not only apply for labor arbitration but also claim economic compensation, and ask the employer to pay you wages.
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You just have to keep the evidence before you sue him.
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You're talking too generally. The following comments are for your reference.
1. If the employer does not pay for your insurance, you can ask the employer to pay your insurance during this period.
2. The statute of limitations has expired for the double wage difference without signing the labor contract, because the employer should sign a labor contract with you on February 1, 2008 at the latest, otherwise double wages will be paid until December 31, 2008. However, the statute of limitations for labor disputes is one year, that is, December 31, 2009 is the last day for you to claim your rights, and today the statute of limitations has expired, and an indefinite labor contract has been established between you and the employer. There are many similar cases, but they are not supported.
3. If you terminate the contract on the grounds of unpaid insurance and arrears of wages, you can ask for severance payment, but if you terminate the contract for other reasons, there will be no compensation.
Unfortunately, the first floor is right.
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