The understanding of labor law is not clear, so let s take a look at the understanding of labor law

Hello: Your employer directly violates Article 13 (3) of the Interim Provisions on Payment of Wages.

Interim Provisions on Payment of Wages issued by the Ministry of Labor

Article 13 Where an employer arranges a worker to work beyond the statutory standard working hours according to actual needs after the worker's labor quota or prescribed work tasks, the employer shall pay the wages according to the following standards:

1) If the employer arranges for the worker to work longer than the statutory standard working hours in accordance with the law, the employer shall pay the worker's wages at a rate not lower than 150% of the worker's hourly wage as stipulated in the labor contract;

2) If the employer arranges for the worker to work on a rest day in accordance with the law, but cannot arrange a compensatory break, the employer shall pay the worker's salary at a rate not lower than 200% of the employee's daily or hourly wage as stipulated in the labor contract; �

3) If the employer arranges for the worker to work on the statutory holiday day in accordance with the law, the employer shall pay the employee wages at a rate not lower than 300% of the daily or hourly wage standard of the worker in the labor contract. If an employee who is subject to piece-rate wages is arranged by the employer to extend his working hours after completing the piece-rate quota task, he or she shall be paid wages at a rate not less than % of the unit price of the piece-rate working hours of the employee in accordance with the principles stipulated above. With the approval of the labor administrative department to implement the system of comprehensive calculation of working hours, the part of the comprehensive calculation of working hours exceeding the statutory standard working hours shall be regarded as extended working hours, and the wages for extended working hours shall be paid to the workers in accordance with these provisions.

Employees who practice the irregular working hours system are not subject to the above provisions.

Addendum: Your statement is too simplistic, it is recommended to consult a local lawyer.

It is illegal to work overtime without compensatory time off and not to pay overtime.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

2) Failure to pay labor remuneration in full and in a timely manner;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; 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

3) arranging overtime work without paying overtime pay;

And what is the penalty in the contract of the unknown landlord? And what is the contract?

Article 26 of the Regulations for the Implementation of the Labor Contract Law stipulates that if the employer and the employee have agreed on the service period, and the employee terminates the labor contract in accordance with Article 38 of the Labor Contract Law, it shall not be regarded as a violation of the agreement on the service period, and the employer shall not require the employee to pay liquidated damages.

Clearly tell the company that it is illegal to do so.

Article 31 of the Labor Law and Contract Law stipulates that employers shall strictly enforce labor quota standards and shall not force or covertly compel employees to work overtime. If an employer arranges overtime, it shall pay overtime pay to the employee in accordance with the relevant provisions of the state.

In addition, Article 41 of the Labor Law stipulates that if an employer has the need for production and operation, it may extend its working hours after consultation with the labor union and the employee, which shall generally not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.

Article 44 of the Labor Law stipulates that if the working hours are extended beyond the three statutory standard working hours, the employer shall pay wages and remuneration higher than the wages for normal working hours. 1. If the employee is arranged to work overtime on a normal working day, the employee shall be paid a wage remuneration of not less than 150% of the employee's own salary; 2. If the worker is arranged to work on the rest day and cannot arrange compensatory rest, the worker shall be paid 200% of the normal daily wage; 3. If the worker is arranged to work on statutory holidays, he shall be paid a wage remuneration of not less than 300% of the wage.

The company's practices are in clear violation of these three provisions. Therefore, you have the right not to work this shift.

I don't want to copy the provisions and laws of those theories for you, in fact, it is useless, I think what wutiann said is quite reasonable, if you want this job can only endure, if you are not afraid of losing this job, you may as well find an excuse to apply for labor arbitration, although China's judiciary is very corrupt, but there is always to compensate some, there are few enterprises that are completely not illegal, whether it is an individual or an enterprise in China is completely not illegal, it is simply impossible to survive.

If you still want this job, you can bear with it, unless the fish is dead and the net is broken, you will go to arbitration or court to sue you, but the situation in China generally needs to be internal first, such as internal guild or arbitration first.

If it's a state-owned enterprise, you can put up with it, but in fact, this kind of thing is still very good.

Mandatory overtime is definitely not allowed by national law, if you don't want to work overtime, it's okay, and the leader to say the reason, you can not work overtime, these suggestions are completed on the basis of consultation, in addition, on the issue of overtime pay, the national labor contract law also has clear provisions: extended overtime (within the working day) is paid at a multiple of your daily wage, and overtime on weekends is paid at twice the daily wage.

Legally speaking, overtime needs to be negotiated between the unit and the employee, not a unilateral forced decision by the unit, but in fact, it is generally the unit unilaterally forcing the employee to work overtime, if you ask the employee whether he has the right to say no overtime, I can answer you, the employee can not add, the company can not force, but you also have to think about the consequences of not working overtime.

The law stipulates that the number of hours of working hours shall not exceed three hours per day and thirty-six hours per month.

Due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the workers, and generally shall not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.

In other words, the employer has to negotiate with you, and if the employee is unwilling and the employer compels you to work overtime, it is illegal.

According to the timeliness of the labor law, it is not covered by compensation.

Yes, including the years of work before 2008.

There is no double compensation, but there is compensation.

The company should have a legal basis for terminating your employment contract, and if your company does not have such a provision, you can terminate the employment contract. In this case, you can ask the labor arbitration to revoke the company's decision, and the other is to agree to the termination, but ask the company to pay you compensation for the illegal termination of the labor contract. If the company terminates your employment contract in accordance with the company's rules and regulations, you will be terminated in violation of discipline, and the company can not pay economic compensation like you.

If there is an agreement on the training fee, if the company illegally terminates your labor contract, you can not pay it, and if the company terminates the labor contract for serious violations of discipline, you should pay it, but the amount you agreed on does not comply with the law. The regulations on tourist fees and work clothes do not comply with the law.

Well, according to the provisions of the Labor Contract Law, economic compensation shall be paid to the employee according to the number of years of service in the employer, and the standard of one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

In this way, if you work for three years, the employer should pay you three months' salary, but if you are dismissed because of the losses caused by the employer due to statutory reasons, there is no such compensation.

In addition, the cost of training fees, travel expenses, and work clothes you mentioned depends on the amount and purpose of this part of the expenses, if it is basic training, the unit is unreasonable, and the unit has no right to ask for travel and clothing expenses.

According to the Labor Contract Law, the company shall pay severance to the employee when it terminates the labor contract. If the company has not paid the training fee, the employee is not required to pay liquidated damages. If the negotiation fails, you can apply for labor arbitration.

Lawyer Mu Shouyi.

Hello! You can apply for labor arbitration in accordance with the provisions of the Labor Contract Law, the Labor Dispute Mediation and Arbitration Law, and other provisions, combined with your labor relationship, wages and benefits, etc., in order to seek a fair and notarized solution to labor disputes.

1——Less than half a month will be counted as half a month, and less than half a month will be counted as one month.

2. If the contract expires and refuses to renew, it shall be deemed to have terminated the labor contract relationship. If the re-employment is a temporary employment relationship, there is no compensation for terminating the employment contract.

3——Compensation is calculated according to the actual number of years, and there is no additional compensation.

4. - It shall be handled according to the labor contract, and if there is no agreement, it shall be handled according to the labor contract law.

You can look at labor law and labor contract law.

First, fix the evidence. Collect and save evidence of your employment relationship with the Internet café, such as pay stubs, attendance sheets, employment certificates, and of course, an employment contract.

Secondly, you can go to the labor bureau and complain that he did not pay you overtime wages and arrears of wages, and if you have time, you can also ask the company to pay you insurance, economic compensation, double wages without a labor contract, etc.

Hello. 1. You must find out the nature of the operation of the Internet café, whether it is a formal company or a sole proprietorship, and whether the area where the Internet café is located will include you in the scope of compulsory social insurance (that is, whether the boss pays social insurance for you), which is related to whether it is an employment relationship between you. My answers below are based on the assumption that there is an employment relationship between you.

2. If it is an employment relationship, you can claim overtime pay, but you must bear the burden of proof, such as sign-in sheets, work orders, attendance records, etc., I don't know if you have these evidence.

3. Although you submitted your resignation in June, you agreed to terminate the labor relationship on July 15. However, the parties have since re-agreed on their rights and obligations. The last time I expressed my willingness to terminate the labor relationship was the Internet café, and they asked you to "not use it tomorrow".

As the party who voluntarily terminated the employment relationship, they need to pay you compensation for terminating the contract.

4. If you have not signed a formal labor contract, you will also need to be paid double wages starting one month after the establishment of the labor relationship.

Hello: 1. The company's explanation is wrong. In order to protect the legitimate rights and interests of workers, the Labor Law clearly stipulates working hours, rest and vacation.

According to the Labor Law, "the working hours of an employee shall not exceed 8 hours per day, and the average working hours shall not exceed 44 hours per week". "Due to the needs of production and operation, the employer may, after consultation with the labor union and the employee, extend the working hours, but generally not more than one hour per day; The extension shall not exceed 3 hours per day and 36 hours per month if it is required for special reasons".

Therefore, if the company's 9-hour afternoon shift does not comply with the regulations, the employee can request the implementation of the statutory working hours system and demand the corresponding overtime pay.

2. According to Paragraph 2 of Article 16 of the Labor Contract Law, "the employer and the employee shall each hold one copy of the labor contract text". Therefore, the employee has the right to request the employer to submit an employment contract.

3. The time when the cashier saves money and the training time arranged during the break time should belong to the actual working hours of the employees. First of all, both belong to the process of the employee's performance of job duties, and are engaged in for the benefit of the company. secondly, both are activities compulsorily arranged by the employer, and the employee must participate in and obey the company's guidance or orders. Finally, in the process of engaging in the above-mentioned behaviors, the worker takes up rest time and does not have free control over his own behavior. It can be seen that the above-mentioned acts belong to the employee's overtime, and the employer should pay overtime pay.

In any case, you and the employer have an indefinite employment relationship.

Request for Arbitration:

1. Require the unit to pay economic compensation for the termination of labor relations. The request for severance is 7 months from 06/04 and is doubled. See Article 87 of the Labor Contract Law.

2. Require the unit to pay double the salary if the labor contract is not signed. See Article 82 of the Labor Contract Law. The period for the payment of double wages was 11 months from February 2008 to December 2008. (The statute of limitations has passed, but you have substantive rights).

(What is the reason for the company's termination, and if you think the reason is illegal), ask the company to pay compensation for 14 months' salary.