Does this kind of employment violate the labor law?

It's not legal, but what can you do with us? First of all, the company must sign an employment contract with you within one month! 8 little things a day, overtime must be paid for overtime!!

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!

According to your statement, you have a legal labor relationship with the company, and the contract directly binds you and the company, and as long as your work content in the mall is within the scope of your duties, you have the right to demand labor remuneration from the company. If you work more than 8 hours, you have the right to request overtime pay from the company.

If the company is in arrears of wages or overtime pay, the company may also be required to pay 25% of the arrears of wages and overtime pay as economic compensation.

Has your company ever applied for integrated employment?

The 14 situations in which an employer violates the labor law are as follows:

1. Abnormal attendance fines for late arrival, early departure, leave, absenteeism, etc.;

2. Fines for doing wrong things;

3. Absenteeism for 1 day will deduct three days' wages or a fine of several hundred;

4. The probationary period is three months, but the contract is only one year;

5. Extend the probationary period without reason;

6. Deduct wages in the name of performance;

7. If you are absent from work for three days, you should leave without paying;

8. Deduct one month's salary from urgent resignation;

9. If you don't want to resign, you won't approve it;

10. Do not buy social security during the probation period;

11. Do not sign a labor contract;

12. Do not buy housing provident fund;

13. No compensation will be given for dismissal without cause;

14. Use the so-called "factory discipline and factory rules" that have not been formulated through normal procedures to deduct employees' wages.

[Legal basis].Article 82 of the Labor Contract Law of the People's Republic of China.

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.

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 have been concluded.

Article 85.

In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2) Paying wages to workers at a rate lower than the local minimum wage standard;

3) arranging overtime work without paying overtime pay;

4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

Legal Analysis: The compensation stipulated in Article 2 of the Compensation Measures for Violation of the Labor Law and the Labor Contract shall be implemented in accordance with the following provisions:

1) If the loss of the worker's wage income is caused, the worker's salary income shall be paid to the worker, and 25% of the compensation shall be paid to the worker, and 25% of the due wage income shall be paid (2) If the loss of the worker's labor protection benefits is caused, the laborer's labor protection allowance and supplies shall be supplemented in accordance with the provisions of the state; (3) If the worker's work-related injury and medical treatment are lost, in addition to the work-related injury and medical treatment provided to the laborer in accordance with the provisions of the state, the compensation equivalent to 25% of the medical expenses shall also be paid to the laborer. If the physical health of female employees and juvenile workers is damaged, in addition to the medical treatment provided during the first period in accordance with the provisions of the state, compensation equivalent to 25% of their medical expenses shall also be paid (5) Other compensation expenses agreed in the labor contract.

Legal basis: Labor Law of the People's Republic of China Article 2 If an employer causes damage to a worker under any of the following circumstances, it shall compensate the worker for the loss:

1) The employer deliberately delays the conclusion of the labor contract, i.e., deliberately fails to conclude the labor contract in accordance with the provisions after recruitment, and deliberately fails to renew the labor contract in a timely manner after the expiration of the labor contract; (2) The employer concludes an invalid labor contract or concludes a partially invalid labor contract due to the employer's reasons; (3) The employer violates the provisions or the provisions of the labor contract and infringes upon the legitimate rights and interests of female employees or juvenile workers; (4) The employer terminates the labor contract in violation of the provisions or the provisions of the labor contract.

If the employer refuses to sign a labor contract and violates the Labor Socks Bridge Sedan Movement Law, it can apply for labor arbitration to protect its legitimate rights and interests. Chapter 12 of the Labour Code regulates legal liability for violations of the Labour Law. Article 89 Where the labor rules and regulations formulated by an employer violate the provisions of laws and regulations, the labor administrative department shall give a warning and order it to make corrections; If damage is caused to the worker, he shall be liable for compensation.

Article 90 Where an employer violates the provisions of this Law by extending the working hours of a worker, the labor administrative department shall give a warning, order it to make corrections, and may impose a fine. Article 97 A worker shall be liable for compensation for a contract concluded invalid due to reasons attributable to the employer and causing damage to the worker. Article 98 Where an employer terminates a labor contract in violation of the conditions stipulated in this Law or deliberately delays the conclusion of a labor contract, the labor administrative department shall order it to make corrections. If damage is caused to the worker, he shall be liable for compensation.

Article 99 Where an employer recruits a worker whose labor contract has not yet been terminated and causes economic losses to the original employer, the employer shall be jointly and severally liable for compensation in accordance with the law.

Article 85 of the Labor Contract Law of the People's Republic of China If an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay the employee within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable: (1) Failing to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; 2) Paying wages to workers at a rate lower than the local minimum wage standard; 3) arranging overtime work without paying overtime pay; (4) Dissolving or terminating the labor contract and failing to pay economic compensation to the worker in accordance with these Regulations. Article 77 of the Labor Law of the People's Republic of China In the event of a labor dispute between an employer and an employee, the parties concerned may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law.

Legal Analysis: The compensation stipulated in Article 2 of the Compensation Measures for Violation of the Labor Law on Labor Contracts shall be implemented in accordance with the following provisions:

1) If the loss of the worker's wages and income is caused, the worker shall be paid according to the worker's own wage income, and the compensation fee of 25% of the due wage income shall be paid (2) If the loss of the worker's labor protection benefits is caused, the laborer's labor protection allowance and supplies shall be supplemented in accordance with the provisions of the state; (3) If the worker's work-related injury and medical treatment are lost, in addition to the work-related injury and medical treatment provided to the laborer in accordance with the provisions of the state, the worker's compensation equivalent to 25% of the medical expenses shall also be paid (4) If the physical health of female employees and juvenile workers is damaged, in addition to the medical treatment provided during the first period in accordance with the provisions of the state, compensation equivalent to 25% of their medical expenses shall also be paid (5) Other compensation expenses agreed in the labor contract.

Legal basis: Labor Law of the People's Republic of China Article 2 If an employer causes damage to an employee under any of the following circumstances, it shall compensate the worker for the loss:

1) The employer deliberately delays the conclusion of the labor contract, i.e., deliberately fails to conclude the labor contract in accordance with the provisions after recruitment, and deliberately fails to renew the labor contract in a timely manner after the expiration of the labor contract; (2) The employer concludes an invalid labor contract or concludes a partially invalid labor contract due to the employer's reasons; (3) The employer violates the provisions or the provisions of the labor contract and infringes upon the legitimate rights and interests of female employees or juvenile workers; (4) The employer terminates the labor contract in violation of the provisions or the provisions of the labor contract.

[Legal Analysis].

Compensation for violation of Article 2 of the Labor Law and the Compensation Measures for Compensation Stipulated in the Labor Contract shall be implemented in accordance with the following provisions:

1) If the loss of the worker's wage income is caused, the worker's salary shall be paid according to the worker's own salary income, and an additional compensation fee of 25% of the due wage income shall be paid; (2) If the loss of the worker's labor protection benefits is caused, the laborer's labor protection allowance and supplies shall be supplemented in accordance with the provisions of the state; (3) If the worker's work-related injury and medical treatment are lost, in addition to providing the worker's work-related injury and medical treatment in accordance with the provisions of the state, the worker's compensation equivalent to 25% of the medical expenses shall also be paid (4) If the physical health of female employees and juvenile workers is damaged, in addition to the medical treatment provided during the first period in accordance with the provisions of the state, they shall also pay compensation expenses equivalent to 25% of their medical expenses (five blind and other compensation expenses agreed in the labor contract).

[Legal basis].

Labor Law of the People's Republic of China Article 2 If an employer causes damage to a worker under any of the following circumstances, it shall compensate the worker for the loss:

1) The employer deliberately delays the conclusion of the labor contract, i.e., deliberately fails to conclude the labor contract in accordance with the provisions after recruitment, and deliberately fails to renew the labor contract in a timely manner after the expiration of the labor contract; (2) The employer concludes an invalid labor contract or concludes a partially invalid labor contract due to the employer's reasons; (3) The employer violates the provisions or the provisions of the labor contract and infringes upon the legitimate rights and interests of female employees or juvenile workers; (4) The employer terminates the labor contract in violation of the provisions or the provisions of the labor contract.