Labor disputes, everyone helps, labor disputes. Ask for help

Updated on society 2024-06-26
15 answers
  1. Anonymous users2024-02-12

    The factory said that your early departure caused a significant loss, and they must prove the existence and amount of the loss, and that the loss was directly caused by your early departure, do you think these two conditions are valid?If there is really a big loss, why didn't you pay compensation when you left early, but only fined 50 yuan?

    Regarding the factory's claim that you don't know anything and are not an electrician at all, this reason cannot be established. Electrician is a relatively easy job to inspect, what did you do when you were hired?Since they established an employment relationship with you in the first place, they are responsible for their own judgment.

    Regarding the employment contract, they say that you are unwilling to sign it, and there must be evidence to prove it, such as the materials that you have expressed in writing that you are willing not to sign the contract. Otherwise, it is not valid.

    Other minor problems, which unit of the staff does not have a little?This can be handled according to the rules of the unit. For example, if you are fined 50 for that time, it is a way to deal with it.

  2. Anonymous users2024-02-11

    With regard to items 1 and 2, the factory shall provide evidence;

    If the labor contract is not signed, the factory should provide evidence that you do not sign it, if not, the labor contract is established, and there is no problem with double wages.

  3. Anonymous users2024-02-10

    1. For electrician positions, there should be an electrician certificate issued by the state. However, if you have passed the probationary period, the enterprise should recognize your actual ability, and the enterprise is responsible. Can't say you won't know anything.

    Ask the other party to provide evidence for the violation of discipline, and whether this constitutes expulsion. The grounds for dismissal of an employee are limited to the extent prescribed by law.

    2. If it causes major economic losses, it is also necessary to produce evidence. If the evidence should be rebuttable, the so-called loss caused by early departure is not established. What did the managers do...

    3. Tool handover, there must be handover, daily or factory management is like this, usually it is a verbal handover, and it is good to put the ** place. It's the factory management that's poor.

    4. The result depends on arbitration, and many times it is not justified. Good luck.

  4. Anonymous users2024-02-09

    The factory must have reasonable and valid evidence, otherwise you can file a lawsuit.

  5. Anonymous users2024-02-08

    Suggestion. 1: If you don't know anything, why would the factory invite you?How did the factory invite you?

    2: If the factory has evidence, and you have done it, you only have to compensate.

    3: Regarding the handover of tools, both parties should be responsible, first of all, no one from the factory will hand over to you, that is, the factory is wrong; But you shouldn't leave the factory with your things in the dormitory, which is irresponsible to the factory, why don't you find someone to hand it over? So the blame goes on both sides.

    This is just my little suggestion, I hope it will be useful to you.

  6. Anonymous users2024-02-07

    1. Since the probationary period has passed, it proves that you meet the employment conditions of the unit, otherwise the employer can terminate the labor contract during the probationary period;

    2. Deduction of wages, regardless of whether the employee agrees or not, is a violation of the Labor Contract Law;

    3. If the factory says that you have caused major economic losses, there must be evidence to prove that it is indeed caused by your work responsibility, otherwise the arbitration institution or the court will not support it.

    4. If you terminate the labor contract in violation of labor discipline, the employer must prove that there are provisions or agreements in its rules and regulations or the labor contract regarding the termination of the labor contract for the disciplinary violation. Moreover, the employment contract or rules and regulations must first be legal.

    5. If the unit appoints the relevant person in charge or you also know which person in charge to hand over, you are at fault for not handing over, unless there is evidence to prove that the person in charge has been found.

  7. Anonymous users2024-02-06

    I have a dispute with my company, how can I resolve it?

  8. Anonymous users2024-02-05

    1. If it is not resigned, the start and end time of the contract depends on the content of the contract;

    2. The working hours shall be in accordance with the provisions of the law, and overtime pay shall be paid if the working hours exceed the provisions of the law;

    3. You should apply to the labor department for labor arbitration and assert your legal rights.

  9. Anonymous users2024-02-04

    You can make the following request to the company:

    1. Make up the payment of social security;

    2. Calculate your salary according to 1600; where previously deducted shall be reissued;

    3. Calculate your overtime pay according to the standard of 1600 and ask for repayment;

    4. Ask the company to pay double wages from the second month of your employment;

    5. You can request the termination of the labor relationship on the grounds that the company has not paid social security and deducted labor remuneration, and require the company to pay economic compensation (1,600 yuan) for one month's salary.

    Remember that all your salary is calculated according to the same position of 1600 yuan.

  10. Anonymous users2024-02-03

    Social security can be requested to be retroactive.

    The difference in wages is made up according to the local minimum wage.

    If the employer resigns on the grounds of non-payment of social security, it may require the employer to pay compensation according to the number of years of service, and compensate one month's salary for each year of service.

    Labor Contract Law.

    Article 38 An employer may terminate a labor contract under any of the following circumstances: (1) it fails 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) Failing to pay social insurance premiums for workers in accordance with law;

    Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker: (1) the worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

    Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and 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. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

    The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

  11. Anonymous users2024-02-02

    If you have something at home, you can take personal leave. If you have to resign, you must submit your resignation application to the unit one month in advance. If the parties do not sign a contract, they can resign directly.

    However, the factory has no legal basis for deducting one month's salary, and it is illegal. You can file a complaint with the Labour Inspectorate!

  12. Anonymous users2024-02-01

    It is handled as follows:

    1.Keep your pay slips, if there are others, all materials, physical evidence, etc., that have an employment relationship with the company, and prepare for arbitration.

    2.Arbitration requirements: The company has not signed a labor contract in accordance with the law, has not paid insurance, and requested to pay economic compensation for the period of not signing the contract in accordance with the law, and pay social insurance for itself. (You can also request the termination of the employment relationship).

    3.Compensation standard: According to the Labor Contract Law, if the labor contract has not been signed for more than one month, the difference of economic compensation twice the salary during the period shall be paid.

    Social security supplementary payment is not within this scope.

    Above. Good luck.

  13. Anonymous users2024-01-31

    Advocate the signing of an indefinite-term labor contract and the payment of twice the salary difference of the unsigned contract.

  14. Anonymous users2024-01-30

    1. About not signing a labor contract.

    According to the relevant labor laws and regulations, if you have not signed a labor contract for more than one year, the company will be deemed to have signed an indefinite labor contract with you from the date of one year, and the company will not be able to dismiss you unless there are special circumstances.

    2. About wages.

    Since the company has not signed an employment contract with you in accordance with the relevant labor laws and regulations, the company should pay you double the salary for one year (one year from the date of employment).

    3. About social security.

    You can ask the company to pay social security for you, and if you don't pay, you can report to the social security department.

    4. On the evidence.

    Keep any paper or electronic evidence you can think of, such as commuting records.

    Don't worry too much about the evidence, if you can prove that a lot of evidence is kept by the company in a labor dispute, then the company will provide such evidence.

    5. On labor arbitration.

    If you go to your local labor arbitration agency, there should be a template for initiating labor arbitration.

    6. About fake pay slips.

    This can be explained to the arbitral tribunal by means of bank transfer records, etc.

  15. Anonymous users2024-01-29

    You don't want to do it and then take more money this time?

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