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The easiest way is to sign a labor contract, if he doesn't give you money and leave, then call 114 directly to the labor service office to sue him, he will be fined more than 5,000 at most.
Another way is to negotiate before the job, and if you want to leave, you must apply three days or a week in advance before you can leave. This must be made clear.
If you want to retaliate, you understand, whether there is a nutrition license, a health permit, and an employee health certificate in the store, if not, you can call 114 to check the industrial and commercial bureau to report him, if the store is not clean, you can call the health bureau to complain about him, haha, then he is finished.
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The new Employment Contract Law clearly stipulates this.
Chapter XII: Legal Responsibility.
Article 91 Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the payment of wages and remuneration and economic compensation to the worker, and may also order the payment of compensation: (1) Deducting or defaulting on the wages of the worker without reason.
Chapter X: Labor Disputes.
Article 77 In the event of a labor dispute between an employer and a worker, the parties concerned may apply for mediation, arbitration, or file a lawsuit in accordance with law, or may resolve it through negotiation. The principles of conciliation apply to both arbitration and litigation proceedings.
Article 79 After a labor dispute arises, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
Hope it helps.
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If there is a labor contract, if so, find the local labor dispute arbitration department.
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According to the law, if you have not paid your wages at the end of one month, you are in arrears of wages and you can report it.
1. Complain to the local labor inspection department, or call **12333.
2. Apply for labor arbitration at the Human Resources and Social Security Bureau.
3. Go to the local people's court to file a lawsuit and apply for a payment order.
In accordance with the Labor Contract Law
Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and in a timely manner.
If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
Article 77 Where the lawful rights and interests of a worker are infringed upon, he or she has the right to request the relevant departments to handle the matter in accordance with law, or to apply for arbitration or file a lawsuit in accordance with law.
Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; 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.
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1. First of all, for the salary part: the unit can settle the salary for you on the day of resignation after you complete the handover procedures, or you can settle the salary of the previous month on the 10th of the next month according to the company's regulations.
2. If you really need money urgently, you can negotiate with the company and ask the company to settle the salary when you resign.
3. If you do not sign the contract, please keep the corresponding evidence that you work in the company, and it is best to let the company issue you the corresponding "letter of resignation" when you resign, and the "letter of resignation" must be signed by the company and the date of resignation, so that you can eliminate the worry that the company will not settle your salary at that time.
4. As for whether you still have to sue the company for compensation for not signing a labor contract with you, this is also your right.
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According to the laws of the state, 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. If you are dismissed by the company for less than one year, you will be paid one year's compensation (one month's compensation will be paid for one year), and if you are dismissed by the company, you will be counted as half a year.
You can go to the Labor Bureau for arbitration.
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If you want to be in Hangzhou, just hit "Xiaoqiang**", ask Xiaoqiang to help, and solve it accurately!
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The law stipulates or advocates that employers should standardize and sign employment contracts or employment agreements. There are many and specific provisions in the agreement, such as the payment of five insurances and one housing fund, the amount and date of payment of employment salary, leave system, welfare benefits, ......
Under normal circumstances, there are still a large number of non-standard employment in society. This is the case for you. It stands to reason that if you want to quit, the restaurant will have to settle your salary. However, many units and individuals have strict rules on the payment of wages, and 15 days' wages can only wait until the next month.
If the restaurant agrees with you that the minimum working hours are half a year, then you can't leave at any time. You quit your job, and the restaurant has to hire people again.
Therefore, most employment contracts stipulate that the employer must notify the other party one month in advance of the dismissal of the employee or the resignation of the employee, so that both parties can accept the process and preparation!
It is recommended that you negotiate well and strive for a pleasant process.
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Yes, in fact, this has to be calculated, if you are not happy working there, then you will be resistant, not work well, the boss will dislike you more and more, it is better not to have the 15 days of salary, and find a new job that you are comfortable with, maybe the salary is higher than the hotel.
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1. If the employer owes the employee's wages, the employee can call 12333 to complain to the local labor department, or apply for labor arbitration to protect their rights.
2. In accordance with the "Interim Regulations on the Payment of Wages".
Article 7 Wages must be paid on the date agreed between the employer and the worker. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.
Article 8 The employer shall, in accordance with the relevant agreements or contracts, pay wages to workers who have completed one-time temporary labor or a specific job.
Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with law, the employer shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract.
Article 15 An employer shall not deduct a worker's wages. Under any of the following circumstances, the employer may withhold the employee's wages:
1) Individual income tax withheld and paid by the employer;
2) All social insurance premiums withheld and paid by the employer that should be borne by the employee;
3) Child support or alimony required to be withheld in court judgments or rulings;
4) Other expenses that may be deducted from the wages of workers as stipulated by laws and regulations.
Article 18 The labor administrative departments at all levels shall 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 wages and economic compensation to the worker, and may also order the employer to pay compensation:
1) Withholding or defaulting on the wages of workers without reason;
2) Refusal to pay wages for extended working hours;
3) Paying wages to workers at a rate lower than the local minimum wage.
The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
Labor Dispute Mediation and Arbitration Law
Article 2 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 and 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.
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According to what the boss said, but the process is a bit annoying to use the law to get three times the salary for the New Year.
The Labor Code stipulates that wages are paid on a monthly basis. It is okay to pay the previous month's salary in the current month, but it is illegal to cross months; If the company is in arrears of wages, the employee can file a complaint with the labor inspection brigade, which will order the employer to pay wages within a time limit, and if the payment is not made within the time limit, additional compensation will be paid. >>>More
Regardless of the number of days of wages, the employee shall be paid the full amount of wages at the time of resignation, and it is illegal to withhold or withhold the wages of employees. >>>More
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Article 50 of the Labor Law clearly stipulates that "wages shall be paid to the worker himself on a monthly basis in the form of money." Wages shall not be deducted or unjustifiably delayed. ” >>>More
If an employee establishes an employment relationship with the employer, and the employee submits his resignation in accordance with the law, and the employer claims that the employee has not paid wages for 15 days, it is a violation of the Interim Regulations on the Payment of Wages, and when both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination. >>>More