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The landlord's reward score is too low, and there are no enthusiastic people to help.
I'll fix that for you.
A few points of help I give you depending on your situation:
The company says that public institutions are not subject to labor laws, and you believe it, you are too stupid. Now that we are a society under the rule of law, what is there to be afraid of?
Don't be afraid, brother. A manly man, you have to be bold and resourceful in society.
I'll give you a few things to focus on now:
1.According to Article 2 of the Labor Contract Law, public institutions are also subject to the jurisdiction of the Labor Law.
Article 2 The conclusion, performance, modification, dissolution or termination of labor contracts by state organs, public institutions, social organizations and workers with whom they have established labor relations shall be executed in accordance with this Law.
2.The Labor Contract Law clearly stipulates that there are only two types of liquidated damages stipulated in the contract between the employee and the employer, and the other liquidated damages can be regarded as invalid if they are illegal.
Article 25 Except as provided for in Articles 22 and 23 of this Law, an employer shall not agree with a worker that the worker shall bear liquidated damages.
3.You directly ask the employer for a certificate of termination of the labor contract, and then take the certificate to the labor arbitration bureau to apply for arbitration (according to the legal procedures).
Of course, if you feel that the company is stuck with you everywhere, you can go to the competent department of your hospital to complain, and you are not afraid at all.
4.If you do not write a probationary period in your contract agreement, then according to the law, the employer will pay you the same salary as a normal worker, if you know the regular salary of the same position, leave a piece of evidence, apply for labor arbitration, and ask the employer to pay you the difference in wages. The Labor Law also clearly stipulates that if there is no probationary period, it is a regular worker, and if the salary of a regular worker is not clearly defined, it will be calculated according to the method of equal pay for equal work.
5.Finally, to give you a piece of information, the new labor law stipulates that an employee can terminate the labor contract without any reason as long as he or she notifies the employer in writing one month in advance. It's legitimate.
6.The Labor Law clearly stipulates that employers are not allowed to seize employees' files, otherwise it is illegal.
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Okay, go to court and sue them, remember to bring evidence. You will win.
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The agreement you signed may be illegal, you can go to the local labor department for consultation, and if it is not possible, you can apply to the labor department for labor arbitration. Labor arbitration is not very troublesome, and you can understand it by inquiring at the local labor bureau. I wish you success.
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Whatever, roll up and leave.
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Summary. Labor Dispute Mediation and Arbitration Law of the People's Republic of China Article 28 The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents. The statement of claim for arbitration shall contain the following particulars:
1) The name, gender, age, occupation, place of work and domicile of the worker, the name and domicile of the employer, the name and position of the legal representative or the principal responsible person (2), the facts and reasons on which the arbitration claim is based (3), the evidence and evidence**, and the name and address of the witness.
How to solve the problem to the employer, if so, how much should the employer pay me?
Hello, consult a lawyer to serve you, have received your empty problem, the current consultation of people than the oak collapse Ha Please wait for two minutes Oh kiss. Dear, we're helping you solve your problem.
Labor arbitration is possible.
Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes》 Article 28 The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents. The application for arbitration shall contain the following matters: (1) the name, gender, age, occupation, place of work and domicile of the employee, the name and domicile of the employer, the name and position of the legal representative or principal responsible person of the employer, (2), the facts and reasons on which the arbitration claim is based (3), the evidence and evidence**, and the name and address of the witness.
Ant envy. If you are satisfied with me, you can click on my avatar to direct me to ** consultation. It is a pleasure to serve you and I wish you a happy life.
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The methods of claiming economic compensation are as follows: 1. The employee negotiates with the employer; 2. When the negotiation fails, you can choose mediation to claim economic compensation; 3. When the above two methods cannot achieve the purpose of claiming economic compensation, a lawsuit may be initiated. Legal basis:
Article 48 of the Labor Contract Law of the People's Republic of China If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law. Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.
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According to the relevant laws of China, if an employer dismisses an employee, the employer shall give the employee corresponding economic compensation, and if some employers delay and do not give economic compensation, what should the company do if the compensation is delayed? The following is answered by the trembling reed for the readers, and I hope the following knowledge will be helpful to the readers.
1. What should I do if the company's compensation is delayed?
If an employer dismisses an employee and does not pay economic compensation, the employee may apply to a labor arbitration institution for labor arbitration and demand the payment of economic compensation.
Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes
Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:
1) Disputes arising from the confirmation of labor relations;
2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;
3) Disputes arising from removal, dismissal, resignation, or resignation;
4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;
5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;
6) Other labor disputes as stipulated by laws and regulations.
Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court, except as otherwise provided by this Law.
2. How to present evidence if you are dismissed by the unit
Scope of proof for labor disputes arising from the dismissal, dismissal, or dismissal of employees by enterprises:
1) Notices of the enterprise's decision to dismiss, remove, or dismiss employees;
2) If it is punished according to the internal rules and regulations of the enterprise, the corresponding rules and regulations shall be provided.
3) Evidence materials related to employees' violations of rules and regulations;
4) Employees' wages and bonus income;
5) If training fees are involved, the employing unit must provide the specific basis for paying the training fees and the period of service that must be provided.
Proof of employment relationship; If the labor contract signed by both parties, the proof of employment and employment relationship, and the start and end dates of work and relevant certificates or other agreements between the parties shall be provided if the labor contract has not been signed. If the person concerned is a citizen, he or she shall provide proof of resident status; If it is a legal person or other organization, the business license, the identity certificate of the legal representative or the identity certificate of the person in charge shall be provided.
If an employer dismisses an employee and does not pay economic compensation, the employee may apply to a labor arbitration institution for labor arbitration and demand payment of economic compensation. If you need legal help, readers can consult a professional lawyer, and we have a professional lawyer to answer for you.
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First of all, there is a question that needs to be searched clearly, whether your father works for an individual, or for a unit, and for an individual and a unit, the way of compensation is different, for individual workers, compensation according to the relevant provisions of personal injury compensation, and compensation for work for units that are cautious and leaky according to the "Regulations on Work-related Injury Insurance", the two compensation methods, the amount of compensation is different.
From what you said, your father is already disabled and should have a disability evaluation. in order to determine the amount of compensation.
If you work for a company, you should apply for a work-related injury determination.
1. Your father has formed a de facto labor relationship with the unit, which is a work width injury.
2. You now need to apply for work-related injury appraisal at the labor department, and then conduct a disability appraisal, and claim compensation from the enterprise according to the level of disability and the actual expenses (medical expenses, lost work expenses, transportation expenses, etc.).
If your father's work-related injury is a work-related injury, he should apply to the local labor department for work-related injury recognition as soon as possible, and then make a disability grade appraisal, and then claim compensation from the employer according to the medical expenses and other expenses paid for hospitalization**, the salary during the injury, nursing expenses, appraisal fees, and disability level.
Prosecution settlement. It is possible to claim compensation from the company. If you need to consult or entrust, you can contact me--- ha.
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1) Hello, if a worker wants to work for a long time, he should first adjust his state and work hard.
2) Secondly, in your case, since you have been in contact with you for 10 years, you can ask the employer to sign an indefinite labor contract with you.
3) In addition, since you have not signed a written labor contract with the company before, you have the right to ask the employer to pay 11 months of economic compensation.
4) The employer has no right to dismiss you, so work with peace of mind.
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You can ask your employer to sign an indefinite employment contract with you.
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If the employer has established a labor relationship with the employee for more than one month and does not sign a labor contract, it shall pay double the salary, and you can ask for double the salary. When you move out, you have to quit.
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It is possible to claim double wages for the period of 3 months without a contract.
Unable to resign voluntarily There is no compensation for voluntary resignation of individuals.
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First of all, depending on the nature of the work, if it is determined that it is an employment relationship, because the enterprise should have signed a labor contract with you but did not sign a labor contract, you can ask the enterprise to pay double wages compensation.
If you refuse to resign, you should be offered another position, and you should obey.
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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 (double the basic salary) and conclude a written labor contract with the employee.
If the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months;
If you want compensation, try not to resign yourself, the dismissal of the unit needs a statutory reason, otherwise you can apply for compensation; Without a written contract, you can claim double the base salary for months up to one year except the first month.
In general, if you change your job normally, it is not a reason to apply for compensation.
If the negotiation fails, you can first appeal to the labor administrative organ, or you can apply for labor arbitration (no fee), and if it is not possible, you can file a lawsuit with the court.
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Losing money is definitely compensated, depending on the degree of injury of the injured person, causing minor injuries and above will face criminal liability. However, even if a criminal penalty is imposed, it is still not exempt from civil liability for compensation, and it is only that the moral injury solatium is not compensated after the criminal punishment is imposed. Therefore, on the whole, the loss of money is still the lightest, so the compensation should still be compensated, the attitude is better, try to negotiate a settlement, and the victim may be exempted from criminal punishment after obtaining the victim's forgiveness, and the amount of compensation can also be negotiated.