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1. The respondent is required to bear the responsibility for not signing the labor contract, that is, the compensation is 13,500 yuan.
According to Article 82 of the Labor Contract Law, 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. Namely:
2012-June 30-2012-December 30, 2012 6-month compensation 2250x6=13500 yuan.
4. The respondent is required to pay the applicant economic compensation for working for more than one year.
According to Article 47 of the Labor Contract Law, severance shall be paid to the employee according to the number of years of service in the employer 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 applicant has worked in the unit for more than one year, the respondent shall pay one and a half months' salary, i.e., yuan.
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1. The respondent is requested to pay the applicant 11,250 yuan for the difference in double wages that the applicant did not sign a labor contract during the period from June 30, 2012 to December 30, 2012;
4. Request that the respondent pay the applicant compensation of 4,500 yuan.
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1. Rights and interests that can be claimed.
1. You can apply for labor arbitration to claim compensation for 14 months' wages, "Labor Contract Law;
2. You can claim the loss of unemployment benefits;
3. You can ask for supplementary payment of social security;
4. You can ask for double wages for 11 months without signing a labor contract.
2. How to apply for labor arbitration:
1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing)!
2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If we are not satisfied with the ruling, we can sue the court;
3. You can handle it yourself without inviting a local lawyer**, I can provide you with remote guidance, and you can win the case without charge;
4. During the application for labor arbitration, you will not be delayed to work in the new unit!
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After seven years of work, it doesn't matter whether you have signed a contract or not, and you can't claim compensation for not signing a contract. However, if the employer unilaterally notifies that you do not need to go to work, you can ask for severance compensation. If you do not pay social security, you can file a complaint with the labor inspectorate and request for supplementary social security, and the salary card that collects wages can be used as proof of labor relations.
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1. 14 months of economic compensation for illegal termination of the labor contract (or at least 7 months of economic compensation).
2. Compensation for the loss of unpurchased social security (the date of non-payment of the social security premium payable by the unit every month).
3. 11 months' salary without signing a written labor contract.
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1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; Relevant evidence and a copy of the employer's business registration information or business license (registration information is not required in Beijing)!
2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If we are not satisfied with the ruling, we can sue the court;
3. You can handle it yourself without asking a local lawyer**, and if you ask a professional to guide you, you can win the lawsuit, and the labor arbitration commission does not charge a fee;
4. During the application for labor arbitration, you will not be delayed to work in the new unit!
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Hello, applying for labor arbitration itself is not troublesome. The key is to look at the reasons for the labor dispute and the evidence you can provide.
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1. Rights and interests that can be claimed.
1. You can request to sign an indefinite term labor contract, and if the employer does not sign it, you can ask for compensation of 23 months' salary;
2. Social insurance can be required to make supplementary payments.
2. How to apply for labor arbitration:
1. Go to the labor dispute arbitration commission in the Human Resources and Social Security Bureau (formerly the Labor Bureau) of the local hunger bureau to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing)!
2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration is bad enough to conclude the case within 60 days; If we are not satisfied with the ruling, we can sue the court;
3. You can handle it yourself without inviting a local lawyer**, I can provide you with remote guidance, and you can win the case without charge;
4. During the application for labor arbitration, you will not be delayed to work in the new unit!
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Article 38 of the Labor Contract Law has been implemented since 2008 to understand that the company has not helped to buy social insurance, and can only get 6 months of economic compensation. I give you one month a year, and it's six years from 08 to now, so it's 6 months. Social security can only be a complaint, even if it goes to the court, it will not be accepted.
The arbitration is to go to the arbitration committee in the district first.
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I wish you a safe life and abundant wealth.
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1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; Relevant evidence and a copy of the employer's business registration information or business license (registration information is not required in Beijing)!
2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** trial, and then the two of you Qiqing mediation, mediation failed, the arbitration committee issued an award; The labor arbitration case will be concluded within 60 days; If we are not satisfied with the ruling, we can sue the court;
3. You can handle it yourself without asking a local lawyer**, and if you ask a professional to guide you, you can win the lawsuit, and the labor arbitration commission does not charge a fee;
4. During the period of applying for labor before arbitration, you will not be delayed to work in the new unit!
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The evidence is pretty good.
1. You can apply for labor arbitration and require the employer to pay you the arrears of wages, deposits, economic compensation, double wages for unsigned labor contracts (starting from the second month of employment, up to 11 months), overtime wages, etc.; Counting from the time you leave your job, the statute of limitations for labor arbitration is one year!
2. Labor disputes, the premise is that there is evidence to prove the labor relationship, such as the company's name of the tooling, work permit or work card (preferably stamped with the official seal), salary card transaction records, salary slips, attendance records, social insurance payment records, colleague testimony (resignation and in-service can be), audio and video recordings or other written materials with your name and official seal or the boss's signature, etc. (including the work card with the official seal, social insurance payment records, documents with your name and official seal, and one is sufficient to prove the labor relationship);
3. When applying for labor arbitration, you need to bring the arbitration application, a copy of your ID card, relevant evidence, and a copy of the employer's business registration information or business license (registration information is not required in Beijing)! After the case is filed, **, and then mediated, and the arbitration committee fails to issue an award if the mediation fails;
4. If you ask professionals for guidance, you can handle the labor case by yourself, and you can win the case as well, and the labor arbitration commission does not charge any fees. During the application for labor arbitration, you will not be delayed to work in the new unit!
5. Legal basis: Article 2 of the Labor Dispute Mediation and Arbitration Law and Article 1 of the Labor Contract Law!
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It seems that the unit has not paid social security for you anymore. In your case, you can directly go to labor arbitration to complain, and the company will be responsible for providing evidence.
Complaints:1The labor contract has not been signed; 2. Social insurance is not paid; 3 Arrears of wages.
Personal suggestion: It is better to negotiate with the unit, after all, the salary is not much, and there is no need to go to labor arbitration. Because if you go to labor arbitration, the company will definitely have a fine, and if the company refuses to pay you the rest of your salary, you can only go to the court to apply for enforcement, and the speed of the court will be long and indefinite.
There's no need to waste so much time for this money. It is recommended that you run to the company more often if you have nothing to do, grind the relevant leaders, and talk to the leaders well.
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For specific practices, please consult the local 12333 labor and social security ****.
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1. Go to the labor dispute arbitration committee in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration. Materials to be submitted: 2 copies of the application for arbitration, 1 copy of the applicant's ID card; 2 copies of relevant evidence and a list of evidence; 1 copy of the employer's business registration information (registration information is not required in Beijing)!
2. After submitting the materials, the arbitration commission will file the case within 5 working days. The Labor Arbitration Commission does not charge a fee. The parties are then given a period to present evidence; After the trial, and the mediation between the two of you, the mediation fails, and the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If we are not satisfied with the ruling, we can sue the court;
3. You can handle it yourself without inviting a local lawyer**, and I can provide you with remote guidance (after I write the relevant legal documents and send them to you, you can print them), and you can win the lawsuit;
4. During the application for labor arbitration, you will not be delayed to work in the new unit!
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You can apply for legal aid at the Legal Aid Center and file a lawsuit free of charge.
The arbitrator will help you change it.
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