Hello! I would like to ask you about labor disputes!

The financial compensation is reasonable and in accordance with Article 48 of the Labor Contract Law. But your overtime is not taken into account, so please decide for yourself whether there is evidence of your overtime, and if there is no evidence, it is difficult to protect your rights and interests.

According to Article 41 of the Labor Law, the employer shall negotiate with the employee to extend working hours (i.e., overtime). Since it is a negotiation, of course, there should be a consensus on overtime hours and overtime pay, otherwise it is forced labor.

There are only four situations in which overtime work may not be refused: in the event of a natural disaster, accident or other reason, the safety and health of the people and the country's assets are seriously threatened and need to be dealt with urgently; Failure of production equipment, transportation lines, and public facilities, affecting production and public interests, must be repaired in a timely manner; It is necessary to use the suspension period of statutory holidays or public holidays to overhaul and maintain the equipment; In order to complete the emergency tasks of national defense, or to complete other emergency production tasks arranged by the superior in the state plan, as well as the urgent tasks of commercial and supply and marketing enterprises to complete the purchase, transportation, and processing of agricultural and sideline products in the peak season.

In addition to these 4 situations, the employer requires employees to work overtime, and it must be negotiated with the employees. If the employer uses improper means to require employees to work overtime, the employees may refuse. Although the employee may not refuse to work overtime in the above four cases, the employer should still pay overtime wages, which must be paid in accordance with the standards stipulated in Article 44 of the Labor Law.

If labor remuneration or overtime wages are in arrears or deducted, it may be resolved in accordance with Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts or Article 85 of the Labor Contract Law. The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department.

The calculation of overtime remuneration shall be carried out in accordance with the following provisions:

1, "Country. Business. Article 3 of the Provisions of the Hospital on the Working Hours of Employees.

2. Article 44 of the Labor Law of the People's Republic of China.

3. Notice on the Average Monthly Working Hours and Wage Conversion of Employees throughout the Year.

My Space has the legal provisions mentioned above, which you can check out.

This is already the best company, don't hurry up and agree.

1. Intensify publicity and education to enhance the awareness of enterprise operators and workers to abide by laws and regulations; 2. Move the border forward and improve the coordination mechanism; 3. Establish a wage arrears protection system; 4. Effectively strengthen the management of labor contracts; 5. Strengthen the supervision of labor security in enterprises; 6. Strengthen democratic consultation and give full play to the role of the tripartite mechanism; Wait a minute.

First of all, bring the evidence to the labor arbitration commission where your company is located to apply for arbitration, now labor arbitration does not need money!

Secondly, you can get double pay in your case! According to Article 6 of the Labor Contract Law, if the employer fails to conclude a written labor contract with the 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.

That is, from the second day of one month from the date of your work to the day you are dismissed, the boss will pay you double your salary during this period. But there is no financial compensation downstairs, because your situation does not fall within the scope of compensation!

Finally, the boss's so-called rules and regulations are invalid without your signature and without being publicized in a conspicuous position in the company!

I have a timesheet that can be used as proof of my attendance. OK.

Article 6 Where 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, in accordance with the provisions of Article 82 of the Labor Contract Law, pay the employee twice the monthly salary and conclude 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.

The starting date for the employer to pay twice the monthly salary to the employee as provided for in the preceding paragraph is the day after the expiration of one month from the date of employment, and the deadline is the day before the written labor contract is supplemented.

Method: Go to the labor arbitration commission to file labor arbitration, and after getting various forms, bring all the relevant materials that can prove the labor relationship between you and the employer to a lawyer to help you fill it out. 1. The salary during the probation period shall not be less than 80% of the salary of the same position; 2. If the labor contract is not signed, double wages can be requested according to the Labor Contract Law.

Clause.

1. About the training fee of 5,000 yuan.

Did you get trained? What kind of training was conducted? Can the employer provide evidence of training for you?

If you are sent to a special place for training and pay the relevant fees and agree on your service years in the unit for this training, you have to give some compensation, use the total training fee to get rid of the number of years you need to serve, and then calculate the compensation according to the number of years you can not serve later, but if it is the internal job training or something, it is absolutely unreasonable to collect the money, you can go to the labor inspection brigade of the Social Security Bureau to complain, or you can file a labor arbitration.

Legal basis: Labor Contract Law:

Article 22 Where an employer provides a worker with special training expenses and provides him with professional and technical training, it may enter into an agreement with the worker to stipulate the period of service.

If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training fees provided by the employer. The liquidated damages required by the employer shall not exceed the training expenses that should be apportioned for the unfulfilled part of the service period.

If the employer and the employee agree on the service period, it will not affect the increase of the employee's labor remuneration during the service period in accordance with the normal wage adjustment mechanism.

Clause. 2. Bonuses owed by the unit.

It is illegal for the employer to withhold the bonus on the grounds of resignation, and you can file a labor arbitration to protect your rights and interests.

As a reminder, now you need to gather as much documentary evidence as you can or ask your former colleagues to testify for you. (Both incumbents and resigned) ）

You look at the labor contract law.

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;

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

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.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

The contract signed between a full-time college student and the employer should not be regarded as a labor contract, but as a labor contract. College students are subject to the day-to-day administration of the school, not the day-to-day administration of the enterprise. In judicial practice, students cannot sign employment contracts with employers.

The part of the company that deducts your so-called social security can be refunded in the form of labor expenses.

You can cancel the contract and pay severance payments.

1. The pre-procedure for labor disputes is also the arbitration procedure, which is not necessarily executed, and the arbitration is only to solve the burden of the court, and it is not necessary to go through arbitration before the court.

2. Definition of pre-arbitration of labor disputes: The pre-arbitration procedure of labor disputes stipulated by law actually refers to the fact that the labor dispute has gone through the arbitration procedure, and not all parties are required to go through the arbitration procedure.

3. Legal basis:

1. Article 119 of the Civil Procedure Law stipulates that if a party must be in common, and if it does not participate in the litigation, the people's court shall notify it to participate in the litigation. According to this provision, there is reason to believe that the respondent may be added at the litigation stage.

2. Some local laws and regulations also clearly stipulate that the respondent may be added to the lawsuit during the litigation stage.

Article 16 of the Opinions of the Shanghai Municipal High People's Court and the Shanghai Municipal Labor Bureau on Several Issues Concerning the Trial of Labor Dispute Cases stipulates that if an employer concludes a labor contract with an employee, both parties to the contract shall be the parties; If no labor contract has been concluded, the unit that actually uses the labor force shall be one of the parties. If the entity that has concluded or not concluded the labor contract is inconsistent with the actual employer, or the actual employer is difficult to determine, or if the entity that has concluded the labor contract is inconsistent with the management unit that has made the disposition, the unit with an interested interest may be listed as a party; If it is not included in the arbitration, it may be listed as a party in the litigation in accordance with the above principles.

You can apply for labor arbitration to claim economic compensation, overtime pay, etc.

The most general introduction: contractual issuesWhat are the characteristics: disputes.

Illustrate the application scenario with an example: Labor Tour and Destruction Contract Law.

Other meanings: labor arbitration complaints, demolition and dismantling according to evidence.

Illustrate the application scenario for example: making a labor arbitration [award].