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1. You can only ask for double wages from May to November, 2. You can ask for compensation for pension insurance premiums from April 09 to December 09, 3. Insurance is generally five insurances and one housing fund.
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1. You can leave immediately if you apply for resignation, because the unit is at fault and does not pay insurance for you. However, it is necessary to do the handover and complete the resignation procedures.
2. In addition to double the salary, you can ask for insurance (five insurances and one housing fund) and overtime pay, because the unit is in arrears of pension insurance, it is the party at fault, you can ask for severance compensation, that is, one month's salary a year.
3. Your insurance can be paid, and the unit can also make up for it now, but you need to pay a late fee.
P.S. You're not a recent graduate, are you?
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Hello, to the problem you described, the lawyer replied as follows:
First of all, you need to confirm the facts of the employment relationship with the employer, such as pay stubs, attendance records, and documents in the course of work.
Second, after the labor relationship is confirmed, the employer can be required to pay back social insurance and wages.
Third, the employer shall notify the employee one month in advance when terminating the labor contract, otherwise it shall pay one month's severance as a payment in lieu of payment.
Fourth, if a written labor contract is not signed to pay double wages, a written labor contract shall be signed within one month from the date of employment.
Fifth, if an employer illegally terminates a labor contract, it may claim economic compensation, which is twice the amount of economic compensation.
Sixth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!
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What are the circumstances under which an employee can receive financial compensation?
Under any of the following circumstances, the employer shall pay economic compensation to the employee:
1) The worker terminates the labor contract in accordance with Article 38 of the Labor Contract Law;
2) The employer proposes to terminate the labor contract to the employee in accordance with Article 36 of the Labor Contract Law and terminates the labor contract through consultation with the employee;
3) The employer terminates the labor contract in accordance with Article 40 of the Labor Contract Law;
4) The employer terminates the labor contract in accordance with the provisions of Paragraph 1 of Article 41 of the Labor Contract Law;
5) 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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of the Labor Contract Law;
6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of the Labor Contract Law;
7) Other circumstances provided for by laws and administrative regulations.
Article 46 of the Labor Contract Law [Economic Compensation] Under any of the following circumstances, the employer shall pay economic compensation to the employee:
1) The worker terminates the labor contract in accordance with Article 38 of the Labor Contract Law;
2) The employer proposes to terminate the labor contract to the employee in accordance with Article 36 of the Labor Contract Law and terminates the labor contract through consultation with the employee;
3) The employer terminates the labor contract in accordance with Article 40 of the Labor Contract Law;
4) The employer terminates the labor contract in accordance with the provisions of Paragraph 1 of Article 41 of the Labor Contract Law;
5) 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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of the Labor Contract Law;
6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of the Labor Contract Law;
7) Other circumstances provided for by laws and administrative regulations.
I believe that after reading the above introduction, you have a certain understanding of how to solve the legal knowledge of what to pay attention to, if you still have legal questions about this aspect, please consult a lawyer, they will provide you with professional answers. Ye Kai.
Reminder: The Civil Code will come into force on January 1, 2021, and the Marriage Law, Inheritance Law, General Principles of the Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law, and General Provisions of the Civil Law will be repealed at the same time. If you are involved in other issues under the Civil Code
Click here. Tandong to check it out! Consult a lawyer if you need help
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Legal analysis: The circumstances under which an employee can receive economic compensation are: 1. The employer violates the provisions of the labor contract by failing to pay the employee's labor remuneration in full and in a timely manner, and pays social insurance premiums for the employee, which damages the rights and interests of the employee; 2. The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he cannot engage in the original job or the work arranged by the employer; 3. The employer is on the verge of bankruptcy and undergoes statutory rectification or needs to lay off personnel during the period when the employer is on the verge of bankruptcy and undergoing statutory rectification, or when serious difficulties arise in the production and operation of the bank; 4. There is a major change in the objective circumstances on which the labor contract is based at the time of conclusion, which makes it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract through consultation.
Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances: (1) the employee 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) 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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating 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.
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Legal analysis: 1. The employer fails to provide labor protection in accordance with the labor contract;
2. The employer fails to provide labor conditions in accordance with the labor contract;
3. The employer is in arrears of wages without reason;
4. The employer deducts wages;
5. The employer pays the wages of the employee lower than the minimum wage standard of the place where the contract is located;
6. The employer fails to pay social insurance premiums for the employee in accordance with the law;
7. The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of employees;
8. The employer concludes or modifies the labor contract by fraudulent means;
9. The employer concludes or modifies the labor contract by means of coercion;
10. The employer takes advantage of the danger of the employee to cause the employee to conclude or modify the labor contract contrary to his true intention;
11. The employer exempts itself from statutory responsibilities and excludes the rights of employees, resulting in the invalidity of the labor contract;
12. The employer violates the mandatory provisions of laws and administrative regulations by entering into a labor contract, resulting in the invalidity of the labor contract;
13. The employer uses violent means to force the laborer to work;
14. The employer uses threats to force labor;
15. The employer compels labor by means of illegally restricting personal freedom;
16. The employer violates rules and regulations by directing and endangering the personal safety of the worker;
17. The employer forces the employee to perform risky work that endangers the personal safety of the worker.
18. Other circumstances in which the labor contract is invalid due to the employer.
Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances:
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) 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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;
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.
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Double wages without a written employment contract are calculated from the second month; You have already doubled, so you can only double it again, for a total of 2 months, a total of 2,000 yuan.
Without 30 days' notice, 1,000 yuan in lieu of notice.
Financial compensation of 500 yuan.
A 1-year contract has a probationary period of up to 2 months, and you can claim the same amount of compensation for the part.
The bonus of 800 yuan is also counted as the total salary.
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The double salary without signing the contract is calculated from 30 years from the time of employment, that is, the first month of your double salary is only 4,000 yuan for 2 months, plus 1,000 yuan in the first month, your total salary is 5,000 yuan.
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You should go to the Wuxi Labor Bureau to apply for labor arbitration, and the company you said will not recognize it.
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You should be compensated in the same way as a regular employee.
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Don't offer to leave.
The assessment of the unit was completely unreasonable, and the reason for the transfer was also improper. It is illegal for the employer to unilaterally change the labor contract, and the employer must negotiate with the employee and obtain the employee's consent to change the labor contract. You can apply for labor arbitration free of charge and ask the employer to reinstate your original position.
If the employer unilaterally terminates the employment contract, it is illegal and you should be paid twice the severance of one month's salary, i.e., two months' salary, according to your service for half a year and less than one year. After-tax salary + bonus "The Shanghai minimum wage standard is illegal, and the difference between the Shanghai minimum wage standard and the Shanghai minimum wage standard must be made up.
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There is no compensation for voluntary separation.
If the employer drops the employee to a position with lower remuneration than the original position, and the employee is dismissed unwillingly, he or she can be compensated.
Not the other way around.
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According to the information you provide, I will probably give you an analysis, on November 23, 2011, the employer should sign a labor contract with you before December 23, 2011, and if you do not sign a contract within one month, you will be paid double wages from next month, and the employer should pay you double the wages from December 23. During your entire working period. For all overtime hours, the employer must pay overtime wages, which you can calculate against the provisions of the national standard working hours.
The Ministry of Labor and Social Affairs issued (2008) No. 3 stipulates:
Annual working days: 365 days, 104 days (rest days), 11 days (statutory holidays), 250 days.
Quarterly working days: 250 days 4 quarterly days quarterly.
Monthly working days: 250 days in December and months.
Calculation of working hours: multiplied by 8 hours per day for a monthly, quarterly, or yearly workday.
Overtime pay is calculated as follows: monthly wages, overtime hours, or 2 or 3 times the amount of social insurance. However, it cannot be paid in cash.
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According to Article 82 of the Labor Contract Law, if you have not signed a contract, you can ask for double your monthly salary, that is, how much money you have paid in the past month, and now you can ask them to pay you again. The other is to pay social insurance and recover the overtime pay for the past 4. The wages for every Saturday and Sunday are:
1500 yuan * 2 days = 206 yuan, two calculations of the total number of Saturdays and Sundays.
In fact, you don't have to be so accurate, as long as the difference is not too big.
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Hello, according to what you said, the company needs to make up for the social security fees that have not been paid during the period, and pay you overtime pay, at the same time, the company has not signed a labor contract with you, and should also pay you double the salary, pay a certain amount of economic compensation, economic compensation is calculated according to the number of years of work, and pay one month's salary to the worker 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, economic compensation of half a month's salary shall be paid.
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If the insurance premium is not paid, a late fee will be added in addition to the supplementary payment.
If the contract is not signed, the worker shall be fined double wages.
There is no overtime pay, and in addition to compensation, there is also a late payment fee.
It is okay not to be allowed to take leave, but it is illegal not to pay wages.
It is recommended that you ask a lawyer and go to the labor arbitration department for arbitration.
According to Article 50 of the Labor Contract Law, when the employer terminates the labor contract, it shall issue a written certificate of dissolution or termination of the labor contract, if not, the labor relationship between you and the company has not been legally terminated, therefore, if you are still in the term of the labor contract, then, in May 2010, the company should treat you as providing normal labor and pay you full wages, and then until the end of the contract period, you should pay 80% of the local minimum wage standard for living expenses. At the end of the contract period, if the company does not renew the labor contract with you, you can ask for corresponding economic compensation. At the same time, you can also ask the company to pay social insurance premiums for you according to the law.
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