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1. The company's approach is both unreasonable and illegal, and in the face of the company's illegal acts, the legitimate rights and interests you can appeal to give you the following suggestions:
First, if the company does not sign a labor contract, according to Article 82 of the Labor Contract Law, 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.
Second, because the company does not sign the labor contract, your resignation is a legal termination of the labor relationship, there is no breach of contract, and the company withholds wages is an illegal act, and according to the provisions of Article 85, the company may require the company to pay additional compensation to the employee according to the standard of 50% to 100% of the amount payable.
Third, in accordance with the provisions of Articles 38, 46 and 47 of the Labor Contract Law, the lawful resignation 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. If it is more than six months but less than one year, it shall be counted as one year;If it is less than six months, the worker shall be paid half a month's salary.
Fourth, if the company does not have an employee to establish the national statutory social insurance, it is also an illegal act, and the company can be required to supplement the establishment and pay the relevant fees.
2. The above requirements, usually the company will not recognize, let alone give you easily, so to claim your legitimate rights and interests, to get your legitimate labor income, you must go to the labor arbitration department to apply for arbitration (no fee), through the award issued by labor arbitration, to the company for compensation, if the company does not pay, you can apply to the court for enforcement.
3. According to Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, the main responsibility for presenting evidence in labor dispute cases lies with the employer, and the employer will be ordered to present relevant evidence, so you don't have to worry.
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You'd better check the labor laws.
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It's right to deduct wages a month in advance, but I don't think I've ever heard of such a salary deduction.
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Data entry error on the IIT app: If you make a data entry error on the IIT app, such as missing some deductions, then your taxable income will be higher than the actual taxable income.
If you find that the data on the IIT app does not match the actual situation, it is recommended that you check and correct it in time. You can ask the company's finance department about the relevant issues, or contact the tax authorities for verification and correction. At the same time, in order to avoid this situation, it is recommended that you check the round of hail rent payroll when you receive your salary to ensure the accuracy of the data.
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Because the personal income tax includes some company benefits, or various expenses for bridge use, the above amount is more than the strength of the money.
The same goes for my personal income tax. So I checked for a long time before I knew some answers, such as work clothes, such as food subsidies, all kinds of money, what you know and what you don't know will be added to you.
Then you go to the company's finance to check, and people say that it is deducted, but I don't know the specifics!
The final interpretation right belongs to the company!
Then you see....You either fly away, or sit honestly, how can there be so many reasons to explain ...... to you
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According to this calculation, it is normal to have a monthly salary of several thousand yuan now, and it will not be a monthly salary of hundreds of thousands of dollars on the street in the future?
In the past few decades, thanks to the rapid development of the country's economic strength, the income level has been able to increase rapidly! But not to mention that in the past, it was more about imitation and learning, everything has a reference and learning object, so as we become strong for several generations, we have become a benchmark in more and more fields and become a leader, more need to explore, and the growth rate will naturally slow down!
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In all probability, the tax was not paid according to the actual income.
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First of all, the salary of the employee during the probationary period shall not be less than 80% of the minimum wage of the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage of the place where the employer is located.
Since April 1, 2010, the minimum wage standard in Shanghai has been adjusted from 960 yuan to 1,120 yuan, and the hourly minimum wage standard has been adjusted from 8 yuan to 9 yuan. At the same time, the probationary period is included in the term of the employment contract. During the term of the labor contract, it is the legal obligation of the employer to handle and pay social insurance and other three insurances and one housing fund for the employee.
All of them either verbally $40 per day or $1000 per month are against labor laws and you can claim compensation and compensation.
Again: 1. It is proved that they do not meet the employment conditions during the probationary period; 2. Seriously violating the rules and regulations of the employer; 3. Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; 4. The worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer; 5. The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law; 6. Being pursued for criminal responsibility in accordance with law. 7. The worker is sick or injured not due to work, and cannot engage in the original job or work arranged by the employer after the prescribed medical treatment period expires; 8. The worker is not competent for the job, and is still incompetent for the job after training or job adjustment.
Except for the above-mentioned circumstances, the employer shall not terminate the employment contract during the probationary period. If the employer does not have evidence to prove that the employee does not meet the employment requirements during the probationary period, the employer cannot terminate the labor contract, otherwise, it shall bear all the legal consequences arising from the illegal termination of the labor contract.
Hope it helps.
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1. Agree with the first floor to answer that the salary during the probation period shall not be less than 80% of the formal contract salary, and shall not be lower than the local minimum wage standard. Therefore, your salary is calculated according to the minimum wage standard, and if you can prove that the internship is based on 40 a day, and the company agrees, it will be calculated according to the more.
2. You don't have to worry about the contract, as long as you have evidence to prove that you worked for the company, the company should pay you the corresponding remuneration, and the burden of proof in this regard is not on you.
3. The number of days is from the date of your work to the date of dismissal, and the law does not stipulate that the dismissal must be in writing, so the issue of the working period should be fully prepared in evidence, so as not to deny it by the company.
Supplement: According to the law, you can also claim social security expenses from the company during work, although it is not much, but no matter how small the mosquito is, it is meat.
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The salary during the probationary period must not be less than 80% of the salary of the formal contract and must not be lower than the local minimum wage.
The 40 yuan daily salary is only verbal, and it is difficult to get support, and the salary should be calculated at 1,120 yuan per month.
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You can apply for labor arbitration directly at the labor arbitration commission.
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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.
Secondly, after the employment relationship is confirmed, the employer may be required to pay back wages for the illegal act of arrears of wages. From the date of employment, double wages are not signed within one month without signing a written labor contract.
Third, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!
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1. Forbearance.
2. Talk directly to the boss (and be psychologically prepared to change jobs).
Just learn 10 holes. 10 holes are better, hehe.
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