What kind of compensation can I have, how can we get compensation

First of all, I would like to ask you why you don't sign a contract, the contract is to protect your interests, if you don't sign it, you can only understand it according to the de facto labor relationship, the employer can terminate the labor relationship at any time, if you do not sign the contract, the unit has the right to terminate your de facto labor relationship, at most to pay one year and one month of economic compensation.

Second, if you really have underpaid wages or overtime pay, you can claim it, but there should be some evidence to support it, at least find some certification, and you can also ask for an additional compensation of 25% of the arrears.

Third, if you still want to continue working, it is recommended to sign a contract, so that the employer can only terminate the labor contract when it meets the statutory conditions for termination, and for you, you can terminate the labor contract with 30 days' notice, without much constraint. Don't think about things that pay several times, that's not realistic.

1.Signing a contract should be voluntary, and it is wrong to quit without signing;

2.It is your right not to sign the contract, and it is not right for the unit to force you to resign if it cannot unilaterally change the contract; You can file a complaint with the labour inspectorate;

3.If the underpaid wages are paid, they can request to make up the payment, and if they do not make up the wages, they can apply for labor arbitration; The statute of limitations for labor arbitration is 60 days; The matter can also be complained to the labour inspectorate.

It is illegal to renew an employment contract under conditions that are higher than the standards of the previous contract. The employee can terminate the employment relationship and receive compensation. You get 7 months' pay for 7 years of work, and the insurance is 7 years plus 7 months.

Legal analysis: The legal meaning of the two is different, compensation means that the compensating party has legal negligence, such as infringement or breach of contract, and needs to bear the legal consequences of compensating the other party for all losses, including moral compensation; Compensation means that the compensating party has no legal negligence, but only caused damage to the legitimate interests of the other party due to the lawful legal acts, and compensation should be given based on the principle of fairness, and the balance of interests of both parties needs to be considered when compensating, and reasonable is necessary. Compensation is complementary, and compensation is punitive.

The compensation must be less than the amount of compensation for the corresponding subject matter. Compensation is to impose a certain punishment on the perpetrator's behavior, and compensation is only to make up for the losses caused by the perpetrator to the other party, and is not punitive.

Legal basis: Full Text of the Judicial Interpretation on Compensation for Personal Injuries Article 17: Where a victim suffers a personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation. Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.

Legal analysis: The legal meaning of the two is different, compensation means that the compensating party has legal negligence, such as infringement or breach of contract, and needs to bear the legal consequences of compensating the other party for all losses, including moral compensation; Compensation means that the compensating party has no legal negligence, but only caused damage to the legitimate interests of the other party due to the lawful legal acts, and compensation should be given based on the principle of fairness, and the balance of interests of both parties needs to be considered when compensating, and reasonable is necessary. Compensation is complementary, and compensation is punitive.

The compensation must be less than the amount of compensation for the corresponding subject matter. Compensation is to punish the perpetrator's behavior to a certain extent, and compensation is simply to make up for the losses caused by the actor to the other party, and is not punitive.

Legal basis: Full Text of the Judicial Interpretation on Compensation for Personal Injuries Article 17: Where a victim suffers a personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation. Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.

1. I want to know if the time when you signed the labor contract is more than one month away from the time you go to work, and if the time of establishing the labor relationship is more than one month away from the time when you sign the written labor contract (for example, if you go to work in March and sign the labor contract in May, then you can ask for a month's salary in April [this is punitive damages]).

2. Is your type of work hourly wage or piecework wage? In the case of hourly wages, according to the regulations, the daily work shall be 8 hours, and beyond the time, overtime wages shall be required, and the standard of overtime wages shall be [150% of the base wage].

3. If the employer asks you to resign, I don't think you have worked for more than 6 months, so you can ask for half a month's salary when you leave.

4. When you leave your job, you must see if you have paid social security!!

Hope it helps!

No, I went for an interview.

Different legal relationships need to be resolved through ways and procedures that cannot be done. For wage issues and insurance issues, labor arbitration should be applied for first; The issue of share dividends is not a labor dispute, and can be directly filed with the court in accordance with the provisions of the Company Law and the articles of association.

If the employer's practice is unreasonable, you can apply for labor arbitration to protect your rights and interests. A civil lawsuit can be brought on the issue of shares.

1. Different legal relationships need to be resolved through methods and procedures that cannot be met;

2. Labor arbitration should be applied for first for wage issues and insurance issues;

3. The issue of share dividends is not a labor dispute, and can be directly filed with the court in accordance with the provisions of the Company Law and the articles of association.

If there is any problem, you can contact you like a hidden one.

If it is unreasonable, Duan Ting can go to arbitration to request the payment of comprehensive insurance.

Unreasonable, false wages should be paid as usual. Comprehensive insurance can be paid up to the cost.

Unreasonable, rights can be protected.

In accordance with the regulations on working hours, the working hours per week shall not exceed 40 hours. You work 12 hours a day, six days a week, and more than 32 hours a week. Overtime work is paid at 150% of the hourly wage.

Your monthly wage is 1,200 yuan, the daily wage is equal to 1,200 divided by the number of monthly salary days stipulated by the state), and the hourly wage is the daily wage divided by 8

You can calculate the amount of overtime pay you can not get based on the above calculations.

If your employer does not apply for social security for you, you can request to apply for and make up the social security since March 2007.

You can consult with your employer on the above issues first. If the negotiation fails, arbitration will be initiated.

1.If you work overtime for a long time, you have the right to request the company to pay overtime pay in accordance with the law, and the legal basis is Article 44 of the Labor Law In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the employee's normal working hours according to the following standards:

1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wages shall be paid;

2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, a wage remuneration of not less than 200 percent of the wage shall be paid;

3) If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

2.The legal basis is Article 82 of the Labor Contract Law, which stipulates that 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 wage.

3.If the company does not handle social insurance for you in accordance with the law, it should handle endowment insurance, medical insurance, and unemployment insurance for you, and you have the right to ask it to pay the insurance premiums for you in accordance with the law, and the legal basis is Article 100 of the Labor Law: If the employer fails to pay social insurance premiums without reason, the labor administrative department shall order it to pay within a time limit; If the payment is not made within the time limit, a late fee may be imposed.

Employees who are identified as Grade 10 disabled due to work-related disability shall enjoy the following benefits:

1) A one-time disability subsidy shall be paid from the work-related injury insurance** according to the level of disability, and the standard shall be: one month's salary;

2) If the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.