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These look at the Labor Contract Law and the old Labor Law, as well as the specific regulations of each province and city.
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The difference between the Labor Law and the Labor Contract Law:
The Labor Law was enacted in '93 to promote the labor contract system and determine the rights of workers, with chapters on promoting employment, labor contracts, working hours and vacations, wages, labor health and safety, protection of female workers and minors, welfare insurance, and labor disputes. It is the basic law of labor law.
The Labor Contract Law was enacted in 2007 to resolve many labor disputes caused by different and complex labor relations under the market economy, focusing on regulating the conclusion and termination of labor contracts.
The Labor Law is large and comprehensive, and the Labor Contract Law is a professional and standardized labor contract, both of which are valid, but the latter is superior to the former.
The Labor Contract Law of the People's Republic of China is formulated to improve the labor contract system, clarify the rights and obligations of both parties to the labor contract, protect the legitimate rights and interests of employees, and build and develop harmonious and stable labor relations.
Labor law is a general term for the legal norms that regulate labor relations and social relations closely related to labor relations, including both the Labor Law of the People's Republic of China and the Labor Contract Law of the People's Republic of China.
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Hello, first of all, it is illegal for the employer not to sign the labor contract and not to pay social insurance, you can ask the employer to compensate for the compensation for not signing the labor contract and make up the social insurance, and secondly, the employer dismisses you, and you should pay economic compensation. You can negotiate with the employer to pay first, and if the employer refuses to pay, you can go to the labor arbitration commission to apply for labor arbitration.
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1. If you have not signed a labor contract, you can ask for double wages from the beginning of employment;
2. If you have not paid five insurances and one housing fund, you will be required to make up for it.
3. The company can punish the miner for one day according to the written rules and regulations, 4. If there is no labor contract or written rules and regulations, the company will dismiss you unilaterally to terminate the (labor contract) relationship, and the company has the right to unilaterally terminate the (labor contract) relationship, but should give economic compensation.
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The total salary received by 2 times the salary is twice as much, which was originally 2,000, and now it is 4,000.
Your second question itself is problematic. If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract. The employee does not enter into a written labor contract with the employer, and the employer does not have any economic compensation.
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1. The original salary is twice as much, which is 4,000 yuan.
2. Not double.
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4000 yuan.
Financial compensation depends on the outcome of specific negotiations between the parties.
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1. The deposit cannot be charged for signing a labor contract. Legal basis: Article 9 of the Labor Contract Law stipulates that when an employer recruits a worker, it shall not seize the worker's resident ID card and other documents, and shall not require the worker to provide a guarantee or collect property from the worker in any other name.
2. Secondly, the labor contract should be held by both parties. The legal basis is Article 16 of the Labor Contract Law, which stipulates that a labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract. The text of the labor contract shall be held by the employer and the employee.
3. The rules of civil proof are who asserts and who adduces evidence, so Xiang Hu said that you have violated the contract, then he has to produce evidence. If he does not have evidence, then he bears the burden of failing to prove it.
So, you have to look at the indictment first to see the other party's cause of action. Let's think about it in the long run.
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The main differences between labor law and labor contract law are as follows:
The Labor Law is a general term for the legal norms that regulate labor relations and other relationships closely related to labor relations.
The Labor Contract Law is an important part of the Labor Law, and the chapter on labor contracts in it has been re-regulated.
In addition to the Labor Contract Law, the Labor Law also includes the Employment Promotion Law, the Labor Dispute Mediation and Arbitration Law, and so on.
In terms of the relationship between the two, the Labor Law and the Labor Contract Law belong to the relationship between the common law and the special law.
It is estimated that you have been put on the list of dismissals, and there will be no compensation for dismissal during the probationary period. Now the question is how long is the contract you signed, whether it is a probationary contract or a formal contract, if it is only a 3-month probationary contract, then there is no way. There will be compensation in a formal contract. >>>More
The Labor Contract Law of the People's Republic of China is a legal provision on labor contracts formulated to clarify the rights and obligations of both parties to labor contracts, protect the legitimate rights and interests of employees, and build and develop harmonious and stable labor relations. >>>More
What you say is just a statement, and I will only make a few comments on what you say. >>>More
You are violating the labor law, and the provisions that violate the law are of course not legally valid.
In my QQ space, there are the latest labor laws, labor contract laws and supporting laws and regulations. >>>More