What am I going to do?? Seek help regarding labor law

Hello: 1. The internship agreement should expire in advance and cannot be continued to apply, or converted to a probationary period. It depends on your agreement, and if you don't have an agreement, you should cancel it.

You can ask your employer to sign an employment contract and stipulate a probationary period in the contract. This has no adverse effect on the Authority, which should also be considered.

2. Just graduated, first job. To grasp the company's attitude towards you, if they care about you very much and need you as a talent, they will consider your ideas, and you also have the capital to talk about. If not, but you care more about the job, patience is also a way.

After all, it is the first job, so that you can have a good start in your career seems to be more important than explaining the law clearly, after all, you are a newcomer, the qualifications are still young, learn to endure it first, of course, this should be within the range of what you can afford.

3. Good luck.

Supplement: It is recommended to protect rights in a timely manner.

Since we have already signed the contract, I think it is better to do what the contract says. You should wait for the contract to expire, see what kind of attitude the company has towards your proposal, and then decide whether to take legal measures to protect your legitimate rights and interests!

It is recommended that you send a written letter to the company requesting the signing of the employment contract. If not, you have the right to claim double pay. Because you are no longer a student, but a labor relationship.

You can ask the boss for it, or you can ask the contractor for it, but since the boss is unwilling to give it and the contractor has run away, you had better solve it directly through legal channels.

At present, the law prohibits the contract foreman, and the individual contract foreman cannot organize the dispatch of employees, and must be a unit with legal business qualifications or a unit that has obtained a labor dispatch license in accordance with the law to dispatch migrant workers. Article 18 of the Regulations on Guaranteeing the Payment of Wages to Migrant Workers stipulates that "if an employer uses a migrant worker dispatched by an individual, a unit that does not have legal business qualifications, or a unit that has not obtained a labor dispatch license in accordance with the law, and the wages of the migrant worker are in arrears, the employer shall pay off the wages of the migrant worker and may recover compensation in accordance with the law." "So you just go to the boss and ask for it.

If the boss doesn't give it to you, you can go to the local human resources and social security bureau to complain, and the general ** agency will help you deal with it. If not, you can apply for labor arbitration at the labor arbitration commission. If you are in financial difficulty, you can also apply for legal aid from the Legal Aid Centre of the Bureau of Justice.

In this case, you can ask the boss directly, because he directly asks you to work for him, which is equivalent to him directly hiring you to do things, so he has to pay you a salary.

There should be a labor relationship between you, and generally whoever recruits you will ask for a salary.

China's labor contract law does not have this provision! The landlord must be a "returnee"!

Article 22 Where an employer provides a worker with special training expenses and provides him with professional and technical training, it may enter into an agreement with the worker to stipulate the period of service.

If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training fees provided by the employer. The liquidated damages required by the employer shall not exceed the training expenses that should be apportioned for the unfulfilled part of the service period.

Article 25 Except as provided for in Articles 22 and 23 of this Law, an employer shall not agree with a worker that the worker shall bear liquidated damages.

It should be 30 days in advance, but only 5 days is in fact a violation of the labor contract, and one month's salary can be deducted according to the agreement.

Is it your own problem?

First, use the labor contract law now! Labor laws have been repealed.

Second, even if you read the labor contract law, it's useless! Under normal circumstances, you explain it to the company! Nothing! The company shouldn't deduct a month's salary from you! At most, there is no advance notice (notice that you will not be required to go to work that month).

Three! If the company is more serious. (I believe that no company can be perfect, except for state-owned enterprises) they must have a problem! You can find some! Put it on the table and say

The following is the labor contract sent to you to see for yourself.

Medical Period] Article 3 of the Ministry of Labor's Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees (1994) No. 479 stipulates that when an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, he or she shall be given a medical treatment period of three months to 24 months according to his actual working years and working years in the unit

1) Where the actual working years are less than 10 years, three months for those who have worked in the unit for less than five years, and six months for those who have worked for more than five years.

2) Where the actual working experience is more than 10 years, it is six months for those who have worked in the unit for less than five years, and nine months for those who have worked for more than five years but not more than 10 years; 12 months for between 10 and 15 years; 18 months for between 15 and 20 years; 24 months for more than 20 years.

Article 2 of the Ministry of Labor's "Notice on Implementing the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees" (1995) No. 236 stipulates that with regard to the medical treatment period for special diseases, according to the current actual situation, if some employees suffering from special diseases (such as cancer, mental illness, paralysis, etc.) cannot be cured within 24 months, the medical treatment period may be appropriately extended with the approval of the enterprise and the competent labor department.

Sick Leave Pay] Ministry of Labor's "Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China" Article 59 of the Ministry of Labor Fa (1995) No. 309 stipulates that during the period of illness or non-work-related injury, the enterprise shall pay the sick leave pay or sickness relief fee in accordance with the relevant provisions during the specified medical treatment period, and the sick leave wage or sickness relief fee may be paid lower than the local minimum wage standard, but not lower than 80 of the minimum wage standard.

Article 6 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts issued by the Ministry of Labor (1994) No. 481 stipulates that if a worker is sick or injured not due to work, and is confirmed by the labor appraisal committee that he is unable to perform his original job or perform other work arranged by the employer and terminates the labor contract, the employer shall pay him an economic compensation equivalent to one month's salary for each full year of his service in the employer, and shall also pay a medical subsidy of not less than six months' salary. In the case of serious illness and terminal illness, the medical subsidy shall also be increased, and the increase in the amount of serious illness shall not be less than 50 percent of the medical subsidy fee, and the increase in the amount of terminal illness shall not be less than 100 percent of the medical subsidy fee.

1. The boss has the obligation to pay wages in a timely manner and to buy social security for migrant workers.

2. However, if the migrant worker becomes ill after the end of the labor relationship, the boss has no obligation to treat the migrant worker's illness as a work-related injury, nor can he enjoy some rights during the statutory medical treatment period, because there is no longer a labor relationship.

3. What migrant workers can ask for is:

1) Ask the boss to pay the balance after paying the salary and medical expenses;

2) Claim compensation of 25% of the wages owed.

3) Require the boss to bear the liability for compensation within the scope of the medical insurance expenses payable in the social insurance.

4) If you have not signed a contract during your employment, you can ask for double your monthly salary from the time you have worked for one month.

5) If the boss neglects to notify the family members of the migrant worker and causes the migrant worker to die without money, the boss shall bear a certain amount of fault compensation liability.

If the above request requires social security compensation and wage payment, if the negotiation fails, labor arbitration can be initiated, and the boss can sue the court for settlement if he neglects to notify his family of the compensation.

The boss has to pay the individual wages, but the boss is not responsible for the death of the worker.

Of course there is responsibility.

Find a labor inspectorate or court to sue!

Employment relationship, at least 500,000 compensation for death. End.

Received your request for help, the answer is as follows:

1. According to Article 33 of the Regulations on the Supervision of Labor and Social Security, the administrative department of labor and social security shall carry out labor and social security supervision in accordance with these Regulations for those who do not have a business license or whose business license has been revoked in accordance with the law, and shall promptly report to the administrative department for industry and commerce to investigate and ban it. Therefore, if the unit is not registered, the labor inspectorate should also deal with it.

2. The burden of proof for labor disputes is reversed, as long as the employee can prove that he has worked in the unit, and the attendance report for several months is fine, and the certificate can also be used.

3. If the labor department does not accept the case, it can also file a lawsuit with the court.

According to your statement, your situation does not fall within the scope of the labor law adjustment, so you can only file a lawsuit in court.

100 points for help. Please tell me what I need to do if I can get reimbursed? Question addendum: Thank you 3, "If I can get compensation, what do I need to do?" Labor arbitration (free of charge), dissatisfaction.

1.You can terminate your employment contract.

In accordance with the Labor Contract Law of the People's Republic of China

Article 37 An employee may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

The agreement in your contract with the company that "you must resign 2 months in advance" violates the law and is invalid. You only need to terminate the employment contract in accordance with Article 37, i.e. 3 days' written or oral notice if it is during the probationary period. If the probationary period has passed, the employment contract can be terminated with one month's written notice.

2.You don't have to pay liquidated damages.

According to Article 25 of the Labor Contract Law of the People's Republic of China, except as provided for in Articles 22 and 23 of this Law, the employer shall not agree with the employee that the employee shall bear the liquidated damages.

The liquidated damages of 3,000 agreed by your company do not belong to the situation of Articles 22 and 23, so the agreed liquidated damages are illegal and have no legal effect. You don't have to pay liquidated damages.

If the employer does not let you resign and deducts your salary, you can apply for labor arbitration. Thank you

Did he write in his contract how many times the salary of the dismissed employee would be compensated? Two-way choice You can choose not to sign a contract and not to choose this company.

It is a violation of the Labor Contract Law, and if the employee resigns during the contract period, "the employee may terminate the labor contract by notifying the employer in writing 30 days in advance" does not need to pay liquidated damages; If you are still in the probationary period, you only need to notify the employer in writing three days in advance to terminate the labor contract.

His contract was clearly illegal and he was not required to apply for labor arbitration.

When an employee terminates a labor contract, he or she shall notify the employer in writing 30 days in advance, and is not required to pay liquidated damages except for the service period and non-compete clauses stipulated in the labor contract. Otherwise, the employee's voluntary resignation is an illegal termination of the labor contract and he is not entitled to economic compensation; If it causes losses to the employer, it shall also be liable for compensation.

The labor law stipulates that within one month after the establishment of the labor relationship, the company shall sign an employment contract with you and apply for insurance for you. If you have not signed an employment contract, you can use this as a reason to terminate the employment relationship immediately.

The basis of the Labor Law is Article 10: A written labor contract shall be concluded to establish an employment 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.

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

The employer does not have the right to deduct your salary, and the day you work and the day your salary is settled. The company does not have the right to withhold your wages, you can file a complaint with the labor inspectorate, or you can file an arbitration.

You can go to arbitration, and the specific award result depends on the evidence at hand, and you should be able to get it.

In terms of evidence, the company bears the burden of proof, including wage payment vouchers, attendance records, witness testimony, etc., of which the company bears the burden of proof.

1. If the labor contract is not renewed upon expiration, the employee may notify the employer to terminate the labor relationship at any time, and the employer has no right to deduct the employee's salary on this ground;

2. You can claim to claim 11 months of double salary compensation from the employer, and apply for labor arbitration directly at the labor bureau where the employer is located;

3. To apply for labor arbitration, you must prove that the company has a de facto labor relationship with you, which requires the written proof of the worker, the salary slip, attendance record, etc. as evidence to pay, and the wage slip and attendance record can be required to be provided by the employer when applying for arbitration, and the worker must be prepared to prove it.

1. The labor contract violates the mandatory provisions of the law, and the use of minors under the age of 16 in accordance with the law violates the provisions of the labor law, but because this is caused by your own fabrication of false information, both parties are liable.

2. According to the law, after the establishment of the labor contract, the employing unit shall handle the pension insurance and other social insurance for the employees, and if it fails to do so, the labor administrative supervision department may order it to make up the application.

3. The labor contract is in the hands of the factory, but once the complaint is filed with the labor arbitration commission, the factory must present the labor contract, otherwise, it will be treated as if the labor contract has not been signed, so there is basically no need to worry about this problem.

4. Regarding working hours, the labor law has clear provisions, 8 hours a day, and overtime pay is paid according to 1.5 times the normal working wage if the working hours are exceeded, and the holidays are higher. The law on this is very clear, and the relevant provisions can be searched online.

5. In this case, there is no problem in applying for arbitration, it is recommended to consult a lawyer first and then file a complaint with the arbitration commission, but in that case, you may face the risk of losing your job, so it is recommended to deal with it carefully.