Take a look at those who understand labor contract law! Please consult a friend who understands labo

Maybe you have something hard to say, and you haven't made the problem clear. What kind of virus is it? When was the virus caused?

There are two scenarios. In the first case, the virus is a general virus, not contagious (non-hepatitis B or the like), and has no impact on your work, and the company cannot fire you. If the company must dismiss you, you will need to pay double the severance payment.

In the second case, the virus is not an ordinary virus, it is contagious (such as hepatitis B, etc., I don't know much about medicine), and it affects the health of my work and the people around me. Strictly speaking, there is no such provision in the labor law, and it does not say that employees can be dismissed if they have infectious diseases, but only that employees can be dismissed if they are not competent for their jobs. Therefore, the key depends on whether your illness has an impact on your work.

If there is no impact, the company cannot dismiss you. Even if it affects your work, you still have a statutory medical treatment period, and you are still unable to perform your job after the statutory medical treatment period, the company can dismiss you and pay you severance payment.

It also depends on how long you've been sick. If you fall ill before you start the job and conceal this fact, the company can fire you without paying you severance compensation; If you are sick after joining the company, the company should give you a statutory medical treatment period, after which you are not qualified for your job, you can be dismissed, and you can get financial compensation.

Because I don't know what industry you are in, I can only follow the general understanding. In addition, according to you, your illness should not be an occupational disease, so you should not think too much about it.

The labor law clearly stipulates that the employer shall not terminate the contract during the period of illness of the employee. Therefore, the employer cannot dismiss you. If you terminate the contract, you will have to pay double the damages and you will also be fined.

In addition, you can apply to the local labor bureau for an occupational disease appraisal to determine that your illness is an occupational disease, so that you have the right to claim compensation from the company according to the occupational disease.

1. If you engage in a non-specific behavior, the company has no right to dismiss you because of this, and if you are forcibly dismissed, it will compensate you for related losses.

2. If the negotiation fails, you can apply to the labor arbitration commission for arbitration.

The carrier does not, if it is an outbreak of infection, it can be sick, and if it is dismissed, it should be compensated.

The company does not have the right to dismiss, the law clearly stipulates it.

The company has the right to dismiss you, but will pay you compensation accordingly.

Theoretically, you can't be dismissed, of course, only theoretically. In fact, the capitalists don't care about it.

1.Your father worked in the factory until the onset of illness, of course, the factory went through bankruptcy and reorganization during the period, but the new receiving unit accepted an old employee like your father, and the new receiving unit should be responsible for handling it, may I ask whether your father has signed a labor contract, or has the labor contract expired?

2.First of all, your father is not absent from work without reason, but your father is absent from work because he is sick and hospitalized, and according to the "Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees", your father is entitled to the medical treatment period, and your father's situation should be able to enjoy the 24-month medical treatment period, because your father's time in work and in the unit are more than 20 years.

3.During the medical period, your father should be entitled to medical wages and medical insurance.

4.After the end of the medical treatment period, if your father's illness is still not **, the employer can terminate the labor contract, but also pay severance and medical subsidies.

5.Given the complexity of your father's situation, consider seeking advice from a lawyer before making a decision. Moreover, the various subsidies that you should receive from your father are still a relatively large amount, of course, the specific amount will be calculated according to your local situation, so it is recommended to find a lawyer to consult and solve the problem.

Find all the relevant information about your father's working period and go directly to the local labor arbitration to request arbitration.

You can refer to the labor law and the interpretation of the labor law, there are provisions on issues like your father.

Specific to the legal procedure, you can request labor arbitration, and if you are not satisfied with the arbitration result, you can file a lawsuit with the court.

Good luck to you!

Here's a ** for you.

First of all, you have to put yourself in the right position, your father is a laborer and a vulnerable group, so you don't need to have any psychological burden because of the excuse of the factory leader, you can negotiate with the unit leader first, the "Labor Contract Law" has clear provisions on the amount of compensation, and if the negotiation fails, go to the local arbitration commission as soon as possible to apply for labor arbitration. Be sure to pick up the appropriate ** to protect your legitimate rights and interests.

1. Make up social security. Because the labor contract has not expired, it means that the labor relationship between the two parties still exists, and the labor relationship is there, then the employer must pay the employee social insurance, which is a legal obligation. At present, labor arbitration or courts in Beijing are generally not accepted, and it needs to be handled by the labor inspection department.

Although the relevant laws stipulate that this is one of the matters of labor arbitration, it is not accepted in practice. The basis for this is that it has been clarified in the minutes of the "Seminar of the Beijing Higher People's Court and the Beijing Labor Dispute Arbitration Commission on the Application of Law in Labor Dispute Cases". ）

2. On the issue of unpaid wages. Article 12 of the Interim Provisions on Payment of Wages stipulates that if the employer suspends work or production within one wage payment cycle due to reasons not attributable to the employee, the employer shall pay the employee wages according to the standard stipulated in the labor contract.

If the wage payment cycle exceeds one period, if the worker provides normal work, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard, and if the worker does not provide normal work, it shall be handled in accordance with the relevant provisions of the state.

However, each region has relevant regulations, taking Beijing as an example: Article 27 of the "Beijing Municipal Measures for Payment of Wages" If the employer suspends work or business for reasons not attributable to the worker himself, the employer shall pay the wages of the worker in accordance with the normal labor provided within a wage payment cycle; If the wage payment cycle exceeds one period, the wage may be paid according to the new standard agreed by both parties according to the labor provided by the laborer, but shall not be lower than the minimum wage standard of the city; If the employer does not arrange for the worker to work, it shall pay the worker's basic living expenses at a rate not lower than 70 percent of the city's minimum wage. Where the state or the city has other provisions, follow those provisions.

The wage payment cycle is whether the salary is paid monthly or under what regulations.

3. Economic compensation at the expiration of the contract. According to Article 10 of the Regulations for the Implementation of the Labor Contract Law, if an employee is assigned to work in a new employer from the original employer for reasons other than his/her own, the employee's years of service in the original employer shall be counted as the number of years of service of the new employer.

If the original employer has already paid severance to the employee, the new employer shall not count the number of years of service of the employee in the original employer when calculating the number of years of severance payment when the labor contract is terminated or terminated in accordance with the law.

Therefore, if your original employer does not pay severance compensation, you can start calculating it from 2009.

Calculation method: Calculated in accordance with Article 1 of the Labor Contract Law.

4. In labor dispute cases, labor arbitration is a pre-procedure, which must first go through labor arbitration, and if you are dissatisfied or the labor arbitration is not completed within the statutory time, you can file a lawsuit with the court in accordance with the law. Specifically, Article 27 of the Labor Dispute Mediation and Arbitration Law provides that the statute of limitations for arbitration is generally one year. Article 43, the question of the time of arbitration is generally 45 days, with a maximum of 60 days.

Calculated from the date of acceptance. Late deadlines can be filed in court.

5. To sum up, the main claims can be: social security, unpaid wages (depending on regional differences), and economic compensation due to the contract (in accordance with Article 1 of the Labor Contract Law).

First of all, you need to look at your employment contract clearly and whether it stipulates whether it will be labor arbitration or court litigation if a dispute arises. In most cases, it is labor arbitration.

Regardless of whether it is a labor arbitration or not, you also need to start collecting evidence. The first is evidence that you started to work in the company, that is, in September 2009, you worked in the company, such as: punch card records, company email, or company payroll vouchers.

Secondly, you want to keep the first contract and the second contract. Regardless of whether the company name is changed or not, the employment relationship exists.

You must also provide evidence that the company asked you to take a break. For example, by email or formal notice.

Without this evidence, the company can say that you are absent from work and dismissed, then there is no payroll and no compensation.

If you have the evidence and keep it, then the arbitration has a good chance of success.

If the arbitration is won, you can recover the following damages:

1) Double the salary from September 2009 to December 2009 (if the labor contract is not signed one month after the establishment of the labor relationship, double the salary will be paid from the day the labor relationship is established to the time the labor contract is signed).

2) Minimum wage from July 2010 to December 2010. During the existence of the labor relationship, if the company is unable to arrange labor due to reasons, it shall also pay no less than the minimum wage of the local city.

3) If the contract between the company and you expires and is not renewed, then you must pay compensation for one month's salary (pre-tax salary, including individual income tax and social security), calculated as follows: September to December 2009, less than half a year, pay monthly compensation, and pay one month of compensation for the whole year of 2010.

If you have any questions, please contact.

When the contract expires, you will take the contract to terminate the contract with them, the labor law has provisions, in this case, you can ask their company to compensate you for all the economic losses in the short period of time you did not go to work and rest, if the company does not give you back, you can only apply to the labor department for arbitration, you can check the "Labor Law" and "Labor Contract Law".

The basic salary before the expiration of the contract should be paid and can be resolved through labor dispute arbitration.

Insurance problems should be reported to the Labor Inspection Brigade.

The statute of limitations for labor dispute arbitration is one year, and after one year, you cannot claim your rights.

First, you can ask the company to pay back wages.

Second, if the employer violates the contact contract, you can ask the employer to compensate you twice the economic compensation (that is, two months) according to the standard of one month's salary per year

Resolved through labor dispute arbitration.

You can go to the labor department together and ask for help.

The Labor Contract Law clearly stipulates that a woman cannot terminate a labor contract during pregnancy, so the termination of the contract by the employer is not lawful.

You can go to labor arbitration or you can go to a women's protection organization for help.

You can enjoy the right to paid maternity leave, the right not to work with you, and the right to reduce or not work overtime.

The employer must pay you maternity insurance, which is also mandatory by law.

You can ask your employer to compensate you accordingly.

A pregnant female worker cannot terminate the labor contract, and if the labor contract expires, the expiration date shall be postponed until the expiration of the maternity leave. You can go to the labor inspectorate to solve the problem.

There is no way to do this, you can only bear it yourself, the country's reimbursement policy is only maternity insurance, because of household registration and other factors, now only a few areas give all workers maternity insurance, most places are still unable to go to foreign employees, this is not a problem of the unit, you can consult social security or labor inspection.

First of all, confirm with the landlord that the labor contract signed with you since 2007 is a labor dispatch company, right? And is it a state-owned real estate company that notified you of the termination of the labor contract?

The total salary received by 2 times the salary is twice as much, which was originally 2,000, and now it is 4,000.

Your second question itself is problematic. If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract. The employee does not enter into a written labor contract with the employer, and the employer does not have any economic compensation.

1. The original salary is twice as much, which is 4,000 yuan.

2. Not double.

4000 yuan.

Financial compensation depends on the outcome of specific negotiations between the parties.

2. Monthly salary system: production line employees, basic salary + bonus + seniority award + technical subsidy. (At least 26 days a month, 3 hours of overtime per day under normal circumstances, and employees who work more than 80 hours of overtime per month will be paid overtime).

3. Monthly salary system: office staff, 26 days, one day off per week. Basic salary + bonus + seniority award + technical compensation (overtime is arranged by yourself if the work is not completed, and overtime pay is not counted).

These two articles will definitely not work, and they must be changed.

It's really ruthless, the other party must have looked for a lawyer to read this contract. At present, the most common labor dispute is overtime, and this contract stipulates everything. By signing, you agree to all the regulations.

This seems like a model, and it's not a big deal.

Labor Contract Law

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.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

The first paragraph refers to the establishment of labor relations within one year. Penalties for failure to sign an employment contract.

The second paragraph refers to the penalty for failing to sign an employment contract for more than one year.