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I think you should make it clear about your wages before you resign, and now many companies pay wages in accordance with national labor laws.
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According to the provisions of the Labor Law, in this case, the employee needs to collect evidence that can prove the existence of the labor relationship, and then apply for labor arbitration, or file a complaint to demand payment of labor remuneration and double wages for failure to sign the contract, and at the same time can terminate the contract and claim compensation.
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Collect other evidence, such as work permits, work clothes, attendance records, in-store surveillance videos, colleague testimonies, supporting materials, etc.
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If you don't sign a contract, you can get it back, and under normal circumstances, as long as you leave normally, the company will settle it.
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Punch-in records, pay slips, transfer records, these are all evidence, it is best to communicate with the company, a normal company will not pay you a salary because you resign.
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Then you can communicate with your boss and maybe he will give it to you as well.
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You can choose to go to a certain institution for a negotiation, and if the negotiation is not mediated, then go through the legal process.
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If the payment is not made, it may complain or report to the local labor inspection brigade or apply to the labor dispute arbitration commission for labor arbitration.
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If you want your salary back through legal channels, you can negotiate with the relevant departments.
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First of all, you can communicate with the boss, listen to the boss's thoughts, and if the boss doesn't want to pay the salary, you can go to the legal route to get back the salary you deserve.
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Summary. Hello. Legal Analysis: What happens if the resignation contract is not paid: If the company is in arrears of wages after resignation, and fails to pay it within the time limit after being ordered to pay by the labor administrative department, the labor inspection department may order the payment of 50-100% of the arrears of wages.
Hello lawyer. Hello. The law is divided into auspicious thoughts:
What happens if the salary is not paid and the resignation contract is signed: if the company is in arrears of wages after leaving Gao Xiao's post, and the labor administrative department orders the payment of 50-100% of the arrears of wages within the time limit.
Legal basis: Article 26 of the "Regulations on the Early Sale of Labor and Social Security Supervision Regulations" If an employer commits any of the following acts, the labor and social security administrative department shall order the employee to pay the employee's wages and remuneration within a specified period, the difference between the employee's salary and the minimum wage standard of the current draft, or the economic compensation for the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable: (1) deducting or defaulting on the employee's wages and remuneration without reason; (2) The wages paid to the laborers are lower than the local minimum wage standard; (3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.
I didn't sign this contract for several months after it expired, and now I have signed it again, and the content of the contract does not meet the salary we negotiated at that time, so I refused to sign it.
Is this my resignation?
You can refuse a visa. Or go directly to the labor office.
This is not a resignation.
This is a bad negotiation between the two sides. It's not a resignation.
And I went to ask for my salary today, and he said that I would sign a letter of resignation and then sign it for me.
Money. Is that appropriate?
There was also a contract he had signed before, and he said that if I signed it, he would pay me insurance, but now he says that I signed a labor contract before.
This situation can be refused.
Because the other party dismisses you, there is compensation.
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Legal analysis: According to the specific laws and regulations of the country, if the employer does not sign the labor contract salary at the time of resignation, and the employer does not pay the salary, you can first go to the employer to negotiate and ask the company to pay the salary, if the negotiation fails, you can go to the labor bureau to apply for labor arbitration, and if the arbitration result comes out, if you are not satisfied with the labor arbitration, you can go to the court to file a civil lawsuit. For compensation, if you have worked for one month and less than one year, you can compensate for double the monthly salary.
Legal basis: Article 10 of the Labor Contract Law of the People's Republic of China establishes a written labor contract. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.
If an employer and an employee conclude a labor contract before employment, the employment relationship shall be established or established from the date of employment. Article 37 of the Labor Contract Law of the People's Republic of China stipulates that an employee may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days before the probationary period.
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Legal Analysis: If the employer refuses to pay the employee's wages when the employee's resignation expires, the employee may file a complaint with the local labor inspection department or apply for labor arbitration.
Legal basis: Article 2 of the Law on Mediation and Arbitration of Labor Disputes 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.;
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It depends on the unit, and it is generally given.
A contract is an agreement between the parties or parties to establish, modify, or terminate a civil relationship. Contracts established in accordance with the law are protected by law. A contract in a broad sense refers to an agreement in all legal departments that determines the relationship between rights and obligations.
Contracts in the narrow sense refer to all civil contracts. There is also the narrowest sense of the contract, which refers only to the creditor's rights contract in the civil contract.
Article 85 of the General Principles of the Civil Law of the People's Republic of China: A contract is an agreement between the parties to establish, modify or terminate a civil relationship. Contracts established in accordance with the law are protected by law.
Article 2 of the Contract Law of the People's Republic of China: A contract is an agreement between natural persons, legal persons and other organizations that are equal subjects to establish, modify or terminate civil rights and obligations. The provisions of other laws apply to agreements related to status relationships, such as marriage, adoption, and guardianship.
A contract, also known as a contract or agreement, is an agreement between equal parties to establish, modify, or terminate civil rights and obligations. As a civil legal act, a contract is the product of the consensus of the parties, and it is an agreement on the consistency of two or more expressions of intent. A contract is legally binding only if the parties' expressions of intent are legitimate.
A contract established in accordance with the law shall take effect from the date of establishment and shall be legally binding.
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If you resign without signing a labor contract, you can ask for payment of wages: 1. The employee can apply for labor arbitration and require the employer to pay you the arrears of wages, deposits, double wages without signing the labor contract, etc.; The statute of limitations for labor arbitration is one year from the beginning of resignation2, and for labor disputes, evidence to prove the labor relationship is the key, such as work card or work card (preferably stamped with the official seal), salary card transaction records, attendance records, audio and video recordings, or other written materials with the employee's name and official seal or the boss's signature, etc.; Of course, it is possible to apply for labor arbitration without evidence, but there is a risk of losing the case.
Questions. Is it reasonable for a minor to deduct his salary if he has not signed a contract and has worked for 3 years?
If so, how much compensation is required for the worker.
Hello? According to the regulations, the resignation application must be submitted one month in advance. Even if there is no contract, it will be treated as if it is a contract for more than one year.
You can claim compensation for double wages starting in the second month of work and up to a year.
It is also possible to claim compensation at the rate of two months' salary per year.
Questions. If you don't leave your job a month in advance, is it reasonable for the leader to deduct your salary?
If you cause losses to the company because you leave the company without informing the company, the company can ask for reasonable compensation, but it will not be as much as you can ask for.
What you can ask for is double pay for the first year and six months of compensation pay.
Questions. How to say let him compensate.
Call 12333 to file a complaint and apply for labor arbitration.
Questions. How long does it take to get results.
The maximum time from acceptance to termination of labor arbitration is 65 days.
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There is a salary. Legal analysis: 1. You can get a salary if you leave your job automatically without signing a labor contract;
2. Failure to sign a labor contract for almost three months is an illegal act, and the employer shall pay twice the monthly salary to the employee;
3. The failure to sign the labor contract damages the legitimate rights and interests of the employee, and it is necessary to pay economic compensation to the employee. Legal basis: Article 38 of the Labor Contract Law of the People's Republic of China provides that if an employer falls under any of the following circumstances, the employee may terminate the employee.
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First of all, the Labor Contract Law of the People's Republic of China
Article 36 The employer may terminate the labor contract if the employer and the laborer reach a consensus through consultation.
Article 37 A worker may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
Article 38 An employee may terminate a labor contract under any of the following circumstances:
1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract.
2) Failure to pay labor remuneration in full and in a timely manner.
3) Failure to pay social insurance premiums for workers in accordance with the law.
4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers.
Secondly, if the employer does not sign the contract, it violates Article 10 of the Labor Contract Law, and the employee may, in accordance with Article 82 of the Labor Contract Law and Articles 6 and 7 of the Regulations for the Implementation of the Labor Contract Law, compensate twice the salary for a maximum of 11 months from the day after the contract has not been signed for one month, and request to re-sign the labor contract.
Article 82 of the Labor Contract Law stipulates that 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. 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 be concluded.
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Hello, you can apply for arbitration at the labor arbitration institution or complain to the labor bureau, and if necessary, you can go to the local court to file a lawsuit.