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1. You can apply for labor arbitration and require the employer to pay you the arrears of wages, deposits, economic compensation, double wages for unsigned labor contracts (starting from the second month of employment, up to 11 months), overtime wages, etc.; Counting from the time you leave your job, the statute of limitations for labor arbitration is one year!
2. Labor disputes, the premise is that there is evidence to prove the labor relationship, such as the company's name of the tooling, work permit or work card (preferably stamped with the official seal), salary card transaction records, salary slips, attendance records, social insurance payment records, colleague testimony (resignation and in-service can be), audio and video recordings or other written materials with your name and official seal or the boss's signature, etc. (including the work card with the official seal, social insurance payment records, documents with your name and official seal, and one is sufficient to prove the labor relationship);
3. When applying for labor arbitration, you need to bring the arbitration application, a copy of your ID card, relevant evidence, and a copy of the employer's business registration information or business license (registration information is not required in Beijing)! After the case is filed, **, and then mediated, and the arbitration committee fails to issue an award if the mediation fails;
4. If you ask professionals for guidance, you can handle the labor case by yourself, and you can win the case as well, and the labor arbitration commission does not charge any fees. During the application for labor arbitration, you will not be delayed to work in the new unit!
5. Legal basis: Article 2 of the Labor Dispute Mediation and Arbitration Law and Article 1 of the Labor Contract Law!
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Not only to get back the salary, but also to have other benefits, appeal to labor arbitration, and ask for the payment of five insurances.
At the same time, labor arbitration may be requested to terminate the labor relationship, double wages or other economic compensation.
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On this point, I give you an affirmative answer. You can definitely get your labor income back, please apply for labor arbitration decisively, and let the black-hearted employers go to see Shi!
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Legal analysis: If you do not pay wages without signing a labor contract, you can submit a certificate of labor relationship as evidence in a lawsuit to apply for compensation. The work permit, the employer's recruitment registration form filled in by the employee, the attendance record, the testimony of other workers, and the audio recordings can all be used as evidence.
Legal basis: Article 82 of the Labor Contract Law 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 have been concluded.
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Legal analysis: You can complain to the labor picket brigade and protect your rights with the help of the power of **. You can also apply to the local labor arbitration commission for labor arbitration, request the employer to pay wages, and if you are not satisfied with the arbitration result, you can also go to the relevant court to file a lawsuit.
Legal basis: Article 10 of the Labor Contract Law of the People's Republic of China stipulates that "a written labor contract shall be concluded to establish a labor relationship.
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.
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Legal analysis: 1. What should I do if I resign without paying my salary?
If the employee resigns without signing a contract and is not paid, the worker can report to the local labor and social security administrative department, which will order the payment of labor remuneration within a certain period of time. 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.
2. Whether double wages for failure to sign a labor contract are compensation.
Article 82 of the Labor Contract Law stipulates that:
If the employer fails to sign a written labor contract with the employee within one month from the date of establishment of the labor relationship, it shall pay the employee double wages every month.
As for the nature of double wages, it is believed that double wages are in the nature of labor remuneration. Reasons include:
First of all, the amount of double wages is based on the amount of labor remuneration of the worker in that month;
Second, double wages should be paid by the employer on a monthly basis, which is also consistent with the payment cycle of labor remuneration.
Double wages are considered to be in the nature of compensation. The main reason is that the generation of double wages has nothing to do with the content of the work and the labor effort of the workers. Double wage liability is a punitive liability of the law for the employer's failure to sign a written employment contract.
3. Failure to sign a labor contract may not result in double wages.
An entry approval form that has the basic terms of the labor contract, can establish the existence of a labor promotion relationship between the two parties, and clarifies the rights and obligations of both parties may be regarded as an employment contract, and the employee's request to pay twice the wage difference without a written labor contract will not be supported. In the trial of the case, the purpose of the provisions on the liability for payment of double wages should be interpreted based on the overall situation, and if the employer has the appearance of a written contract and does not have the inner intention of not entering into a contract, and the employee may find someone to sign on behalf of the employee, the application of the employer's liability for double wage payment can be excluded.
Liability is the basic principle for judging whether an employer bears double wages, and if an employee has already signed a written labor contract with another employer, but has requested to sign a written labor contract with a new employer but has not signed it, he cannot claim double wages.
The person in charge of human resources is responsible for signing labor contracts with employees on behalf of the employer. Where the employer has fulfilled its duty of good faith and prudent care, the people's court will not support the claim for a penalty of double wages due to dereliction of duty or even deliberately not signing a labor contract with the employer.
Legal basis: Labor Law, Labor Contract Law: A labor contract shall be signed for the establishment of a labor relationship, and wages shall be paid in full and in a timely manner.
If the employer refuses to pay wages when resigning without signing a labor contract, there are several ways to solve the problem:
1. Negotiate with the boss to solve the problem;
2. Apply for labor arbitration to the labor arbitration committee of the local labor bureau or file a complaint with the labor inspection agency, and the employer shall be ordered to make corrections.
3. If you are not satisfied with the arbitration result, you can file a lawsuit with the people's court in accordance with the law.
The most effective is to apply directly to the local labor administrative department for labor arbitration (no fees, no lawyers), and through the award issued by the labor arbitration, claim compensation from the unit, and if the compensation is not paid, you can apply to the court for enforcement. >>>More
Labor cases can be handled by themselves, the same can be won, and labor arbitration is completely free, I hope mine will help you solve the problem, labor disputes, labor arbitration everyone can hi me! >>>More
Decree of the Beijing Municipal People's Government ("Beijing Labor Contract Regulations"): >>>More
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. >>>More
For unjustified dismissal, the employee shall be compensated for 1 month's salary, 1 year of service = 1 month's salary + 1 month's salary, 2 years = 1 month's salary + 2 months' salary, and so on, and those who have less than one year will be compensated with 1 month's salary. >>>More