Labor disputes. Is that reasonable? 10

The main problem is that the employment contract has not been signed.

Failure to sign a contract can be claimed for double wages. As for long-term vacations, or severance compensation, there is no problem with compensation.

Failure to sign a contract can be claimed for double wages.

The rest are measures taken by the company that do not want to give you financial compensation; If the benefit is not good, 3,800 yuan must be given in the first month of the holiday, and it can be paid according to the minimum wage in the future;

Most companies are illegal;

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.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Legal analysis: Labor disputes, also known as labor disputes, refer to disputes that occur during the provision of labor services. In the event of a labor dispute, a labor relationship must first be formed, and a dispute that occurs during the existence of the labor relationship is called a labor dispute.

Employees who are on the job, laid off, retired from the company, or on leave without pay in the employer are engaged in some temporary paid work outside the employer and establish a labor relationship with another employer.

Legal basis: Article 1 of the Judicial Interpretation II on Labor Disputes Article 1 The people's court hearing a labor dispute case shall be deemed to be the "date of occurrence of the labor dispute" as provided for in Article 82 of the Labor Law in the following circumstances:(1) If the employer can prove that it has notified the employee in writing of the refusal to pay wages arising during the existence of the labor relationship, the date on which the written notice is served shall be the date on which the labor dispute occurs.

If the employer cannot prove it, the date on which the employee claims his rights shall be.

The date on which the labor dispute arises. (2) In the event of a dispute arising from the dissolution or termination of the labor relationship, and the employer cannot prove the time when the employee received the written notice of the dissolution or termination of the labor relationship, the date on which the employee claims his rights shall be the date on which the labor dispute arises. (3) In the event of a dispute over the payment of wages, severance payments, welfare benefits, etc., arising after the dissolution or termination of the labor relationship, if the employee can prove that the employer promised to pay the payment on a specific date after the dissolution or termination of the labor relationship, the date on which the employer promised to pay shall be the date on which the labor dispute arises.

If the employee cannot prove it, the date on which the labor relationship is dissolved or terminated shall be the date on which the labor dispute arises.

Labor disputes refer to disputes and conflicts arising from working conditions, wages and benefits, labor contracts, working hours, work safety and other issues in the course of labor, including but not limited to disputes and contradictions between employees and employers.

Common labor disputes include: the employer fails to pay wages, overtime pay or other benefits in accordance with the labor contract; The employer fails to pay the social welfare socks insurance and housing provident fund for the employee in accordance with the law; The employer discriminates, oppresses, abuses or corporal punishment against the employee in violation of labor laws and regulations.

In labor disputes, workers can protect their legitimate rights and interests through appeals, arbitration, litigation and other channels. In China, the rights and interests of workers are protected by law, and employers must abide by national laws and regulations and treat employees reasonably.

Labor disputes. Hello dear, a labor dispute is a dispute between the parties involved in the labor relationship. The parties to the labor relationship are the workers and the employer on the other.

Workers mainly refer to employees who have established labor contract relations with enterprises and individual economic organizations in China, and employees who have established labor contract relations with state organs, public institutions and social organizations. Employer refers to an enterprise, individual economic organization, state organ, public institution, social organization, etc., which has concluded a labor contract with an employee within the territory of China. Disputes between persons who do not have the status of subjects of labor law relations are not labor disputes.

If the dispute does not arise between the parties to the employment relationship, even if the dispute involves labor issues, it does not constitute a labor dispute. For example, disputes between workers in the course of labor turmoil, disputes between employers due to labor mobility, disputes between workers or employers and labor administration, disputes between workers or employers and labor administrative departments in labor administration, and disputes between workers or employers and labor service providers in the course of labor services are not labor disputes. We hope you find it helpful.

If the plaintiff provides audio recordings and evidentiary materials that can prove the existence of the socks, but the defendant does not provide any rebuttal evidence, the court rules that in accordance with laws and regulations, there should be sufficient evidence to support the plaintiff's claim. If the judge repeatedly extends the trial time for the defendant, resulting in the failure to protect the plaintiff's legitimate rights and interests, this is a procedural error.

According to the provisions of the Civil Procedure Law of the People's Republic of China, the court shall hear the case within the prescribed time limit and conduct the trial under certain procedural provisions. If a judge violates procedural provisions in the course of adjudication, affecting the fairness, fairness, and timely trial of the case, it is a procedural error. In such cases, the parties may file an appeal or appeal with a higher court for a revision of the judgment or a new trial.

Therefore, if you believe that the judge's actions have caused damage to your legal rights and interests, you can file a complaint or appeal with a higher court to request a reversal of the sentence or a new trial. In the course of an appeal or appeal, you can provide relevant evidence and materials to the higher court, explaining that the judge's actions have adversely affected the trial of the case, and ask the higher court to retry the case or change the judgment.

Even if you only work one day, you are still paid. You can apply for labor arbitration or labor dispute litigation.

At present, the institutions that handle labor disputes in China are: labor dispute mediation committees, local labor dispute arbitration commissions, and local people's courts.

The steps for the Labor Dispute Mediation Committee to mediate labor disputes are as follows:

1) Application; (2) acceptance; (3) investigations; (4) mediation; (5) Preparation of mediation agreement.

There are two legislative principles followed by various countries in dealing with labor disputes: one is the principle of voluntariness and the other is the principle of compulsion. If different basic principles are followed, different organizational structures and case-handling systems will be formed.

According to the principle of voluntariness, the independence of the mediation or arbitration institution is stronger, and the parties agree on whether to mediate or arbitrate; The settlement agreement must be voluntary; The arbitrator shall be selected by the parties. This has formed a dual-track system of "self-selection of adjudication and adjudication" and "separation of adjudication and adjudication".

According to the principle of coercion, mediation or arbitration institutions have more connections with **, and ** often plays a major role in them; Any party to a labor dispute or a labor dispute without negotiation may submit it to arbitration to resolve the dispute in accordance with the provisions of the law; Arbitrators shall be appointed by the arbitration institution. Under the principle of coercion, some countries stipulate that arbitral awards have final effect, while others stipulate that if they are not satisfied with the award, the parties may file a lawsuit with the court, forming a single-track system of "adjudication and adjudication".

Labor disputes refer to disputes between the parties to a labor relationship arising from the implementation of labor laws and regulations and the performance of labor contracts, that is, disputes between employees and their employers over their rights and obligations in labor relations. According to the specific content of the rights and obligations involved in the dispute, they can be divided into the following categories:

1. Disputes arising from the confirmation of employment 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 over 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 disputes stipulated by laws and regulations. [1]

The following types of complaints are: labor dispute complaints (disputes) and civil complaints (disputes).

Labor relations include: de facto labor relations (disputes) and labor contract relationships (disputes). To protect the rights of workers (workers), they must first confirm whether there is an employment relationship, and a labor contract signed by both parties may not necessarily have an employment relationship, and there is no labor relationship if the labor contract is not employed.

There are two types of labor relations: de facto labor relations (legal relations are labor relations, the cause of action is labor disputes) and labor contract relations (labor contract for non-employed employees, legal relationship is contractual relationship, and labor contract disputes are caused by cases). According to Article 1 (2) of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (hereinafter referred to as the "Judicial Interpretation of Labor Disputes (I)"), disputes arising after the labor relationship has been formed between the employee and the employer without the labor contract has been formed are labor disputes under Article 2 of the Labor Law.

The employer shall pay wages according to the actual working hours of the town. For the above-mentioned ones, what should I do if the employer does not settle the remaining salary? It can be resolved through negotiation, or by filing a complaint with the local labor inspection department or initiating labor arbitration.

This orange verdict needs to do a good job of collecting basic evidence in the early stage. First, according to the provisions of the Labor Contract Law, resignation is required three days in advance of the probationary period and one month in advance of the formal employment contract period, which does not require the approval of the other party. Second, proof of the existence of the employment relationship, such as labor contracts, clock-in records, payroll records, etc.

Labor disputes are disputes between employers and employees and other entities of labor relations, including disputes over removal, dismissal, resignation, and resignation; Disputes over working hours, rest and vacation, and social insurance; and disputes related to labor remuneration.

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, dissolution or 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 disputes as stipulated by laws and regulations.

Article 28.

The claimant applying for arbitration shall submit a written application for arbitration and submit copies according to the number of respondents.

Labor disputes are disputes that occur between the employer and the employee and other entities of labor relations, including disputes over removal, dismissal, resignation, and resignation; Disputes over working hours, rest and vacation, social insurance; and disputes related to labor remuneration.

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 or 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 disputes as stipulated by laws and regulations. Article 28 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes provides that the applicant shall submit a written application for arbitration and submit a copy according to the number of respondents.