Whether such a request for labor arbitration is reasonable. Thank you

The following is provided by "Jinan Business Lawyer", if you need to paraphrase, please indicate the source:

1. The absence of a contract does not affect the labor relationship between you and the school. As you know, there are many workers such as substitute teachers, temporary workers, and domestic workers who do not have a contract, but this situation can still prove your employment relationship. For example, your student's witness testimony, your documents and dossiers in the course of work, school materials with your signature (such as students' exam papers, homework, etc.), and even your work attire, access control card, school badge, etc., can be submitted as your evidence.

2. If you are suddenly notified not to work in September 2009, you can file a labor dispute arbitration before August 31, 2010, at the labor dispute arbitration committee of your local labor bureau. Of course, when you go to arbitration, you need to bring your evidentiary materials, your application, etc. Arbitration is free of charge.

3. According to China's labor contract law, you can request to contact the labor relationship. According to the law, the employer must sign an employment contract with the employee within one month from the date of employment, and if it fails to sign it within the time limit, it must bear double the monthly salary. If you have signed an employment contract within one year, you will be deemed to have signed an indefinite employment contract.

In other words, you are already deemed to have signed an indefinite employment contract. In the teaching profession, the winter and summer vacations are based on the educational situation, and it is not the teacher's intention, so the salary for the winter and summer vacations is calculated according to the salary of a rock quietly, and it cannot be deducted.

4. The amount of your salary, of course, must be proved by your evidence. It's a good idea to provide evidence such as pay stubs. Double pay is your salary multiplied by two.

If there is no evidence to prove the salary, you can only use the average salary of your local industry, in fact, I think that given that your salary is relatively low, it is more beneficial for you to use the average salary of the same industry. As for substitute fees, subsidies, etc., you have to submit corresponding evidence, and I think this part is generally difficult to adduce, unless you pay attention to the collection of evidence in your daily life, it is more difficult to do.

5. Labor arbitration cases will not be too short, about more than a month. If it is complicated, it will be extended. Of course, you can still file a lawsuit if you are not satisfied with the arbitration. Once the arbitral award has entered into force, you may ask the court to enforce it on the basis of the award.

6. Labor dispute arbitration cases are more cumbersome, and will involve many facts that are difficult to obtain evidence, such as proving labor relations and proving actual working hours, so it is recommended that you can hire a local lawyer who can provide you with specific help and guidance according to your actual situation and combined with the actual evidence you provide.

1. Offer is generally translated as an offer in law, which refers to the expression of intention of one party to enter into a contract with the other party by proposing the terms of contract.

2. Article 14 of the Contract Law stipulates that: "An offer is an expression of intent to be concluded with another person, and the expression of intent shall comply with the following provisions: (1) the content is specifically determined; (2) Indicate that the offeror is bound by the expression of intent after accepting the offeror's acceptance.

It can be seen that the content of the offer must be defined, complete, and contain the main terms of the contract. At the same time, the offer is legally binding on the offeror, unless otherwise provided by law. The Contract Law also provides:

If the content of the commercial advertisement meets the provisions of the offer, it shall be regarded as an offer.

3. According to the provisions of the Contract Law of the People's Republic of China, a contract is established when one party offers and the other party undertakes. If the company sends you an offer and you promise to accept it, the contract between you is valid.

Fourth, due to special circumstances, the company is unable to perform the contract with you, the responsibility lies with the company, because the company's Shanghai branch is not established, and you also know the situation two months in advance, under normal circumstances, it can be determined that no major damage has been caused to you, and it is very troublesome for you to claim compensation.

Fifth, it is recommended that you negotiate with the company in writing, if the negotiation fails, do not sue for a lawsuit. For 1,000 yuan, maybe you can't afford to lose time and energy, and you have to spend other expenses.

There are two types of labor arbitration, individual arbitration and collective arbitration. The materials you need to prepare to apply for arbitration include: ID card, labor contract, notice or certificate of termination of labor relationship by the company, salary history for the past 12 months, social security payment records, and credit network information of the company you work for.

What does it mean that you are very troublesome and that the Shanghai part of the company is canceled? Was Shanghai an office or a branch?

An offer is an offer letter, which is an expression of the company's intention to establish an employment relationship with you. According to the provisions of the Labor Contract Law, an employer and an employee shall establish an employment relationship from the date of employment. According to your situation, you have not established an actual employment relationship with the company, but have only determined the intention to establish an employment relationship.

Therefore, it cannot be considered that an employment relationship has been established.

However, if the company's actions do cause you damages, which are based on the reliance of the contractor, you can claim compensation. However, such disputes will not be accepted by the labor dispute arbitration committee, and you can file a lawsuit in court.

Good luck.

You can go to the labor bureau to complain, it is very simple and fast, it is best to solve the matter directly through labor arbitration! It is completely possible to win the case. You can apply at any time, free of charge.

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 employer to pay you economic compensation, double salary, supplementary insurance, etc.

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.

According to the Labor Contract Law. Filing for wages, compensation, insurance, etc.

It is possible to apply for unemployment compensation.

1. You can request that the settlement agreement be prepared by the arbitral tribunal, which can be served in court and take legal effect. It is also recommended that you do this, as a simple mutual agreement is not enforceable.

Article 42 of the Law on Mediation and Arbitration of Labor Disputes.

The arbitral tribunal shall mediate before making an award.

If an agreement is reached through mediation, the arbitral tribunal shall prepare a mediation statement.

The conciliation statement shall state the request for arbitration and the outcome of the agreement between the parties. The mediation statement shall be signed by the arbitrator, stamped with the seal of the labor dispute arbitration commission, and served on both parties. The mediation statement shall take legal effect after being signed and received by both parties.

2. The employer's modification to item 3 is mainly to solve once and for all the problems that you have not raised due to negligence, concession strategy, etc., after all, the unit does not want to be entangled in lawsuits. However, the wording is a bit of a trap, and the expression is very unclear, so it is recommended that you stick to the original expression, or express it as "since Party A fully performs the provisions of this agreement, there is no dispute between the two parties regarding the labor relationship and rights and obligations before the signing of the agreement".

3. Regarding your rights and interests, it is not mentioned in the title, but it is mentioned in the settlement agreement that you can claim 11 months of double salary compensation for the issue of not signing a labor contract.

4. Omission: Point 3 of the original text is proposed to be modified: Party B ...... after confirming receipt of all the payments from this to Article 2 of this Agreement

Khan, I've looked so closely... Ha ha.