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Article 25 of the Labor Law of the People's Republic of China Interim Provisions on Payment of Wages Article 13 If an employer arranges a worker to work outside the statutory standard working hours according to actual needs after the worker has completed the labor quota or the specified work tasks, it shall pay the wages according to the following standards:
1) If the employer arranges for the employee to work longer than the statutory standard working hours in accordance with the law, the employer shall pay the employee's wages at a rate not lower than 150 of the employee'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 a wage not lower than 200 per day or hourly wage as stipulated in the labor contract;
3) If the employer arranges for the employee to work on statutory holidays and holidays in accordance with the law, the employer shall pay the employee's wages at a rate not lower than 300 per day or hourly wage of the employee as stipulated in the labor contract.
Workers who are subject to piece-rate wages shall, after completing the piece-rate quota task, be paid wages by the employer at a rate not lower than the unit price of the piece-rate working hours respectively 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.
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You didn't do it, what are you afraid of him?
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Article 31 of the Labor Law of the People's Republic of China stipulates that "an employee shall notify the employer in writing 30 days in advance of the termination of the labor contract", which clearly gives the employee the right to resign, which is absolute, and the employee does not need any substantive conditions to unilaterally terminate the labor contract, but only needs to fulfill the obligation of advance notice (i.e., 30 days in advance written notice to the employer).
The employee resignation process is as follows:
1. In principle, employees should submit the written "Resignation Report" to the Personnel Administration Department 30 days in advance, and receive the resignation formalities. The Personnel Administration Department conducts exit interviews with departing employees to understand the reasons for their resignation and make records.
1) The resigned employee shall submit the resignation formalities to the head of the department for signature. Positions above the head of the department must be signed by the general manager.
2) The assistant of the department where the departing employee is located shall collect the work card, employee handbook, work clothes, and office supplies from the departing employee, and sign and confirm that the handover is correct.
3) The finance department checks whether the departing employee and the company are in financial arrears (including loans, business trip reimbursement), if there is arrears to be paid off on the spot, and if there is no arrears, the finance department will sign and confirm the resignation form.
4) After the resigned employee obtains all the required signatures on the resignation form, the Personnel Administration Department will issue a "Decision on Terminating the Labor Contract with XX" to the employee.
5) The Personnel Administration Department arranges personnel to go through the filing procedures for termination and dissolution of labor relations with the unemployment insurance agency; On the basis of the filing review opinion, go to the social insurance agency to terminate the social insurance relationship of the employee; At the same time, the provident fund of the departing employees will be sealed. If the departing employee needs to transfer the provident fund, the personnel administration department will transfer it according to the new account provided by it, and if it needs to be withdrawn, the employee will handle it by himself.
6) Within 30 days from the date of termination of the labor relationship, the Ministry of Personnel Administration shall go through the procedures for reviewing unemployment insurance benefits at the unemployment insurance agency.
7) The personnel administration department will re-file the files of the departing employees and settle the salary at the same time.
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Don't talk nonsense with him, don't pay and still work, call 12333, and report directly to the Social Security Bureau, and let them solve your problem. Very easy to use, you can try it.
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The company did not sign a contract for you is already illegal, in addition to the arrears of 6 months of wages is also illegal, you can directly tell the company leaders, just say that according to the provisions of the labor contract law, more than a month do not sign the labor contract to give me double salary compensation, arrears of 6 months of wages I can sue you, I just want to resign now, I hope the company will give me a lump sum of 6 months of salary arrears, and give me resignation procedures, otherwise I will ask you to compensate me for my losses.
If you scare and scare the company's leaders like this, they won't dare to do anything.
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You directly ask him if he will give you away, and if he doesn't give it, he will call ** to complain to him, he is in business, you don't have to be afraid of what he can do! It's best to find a few witnesses.
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There is no problem with this, you work for 6 months, the fact of labor relationship has been established, if you work in the next unit, there will be the next unit to pay social security for you.
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Then you explain to the company the reason why you want to leave, and do everything possible to convince the management of the company, which is much better than you insisting on leaving, because if you insist on leaving, it may be detrimental to both parties.
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To be honest, the company contract is not signed, and the interests of the workers are not guaranteed. are in arrears for 6 months! It is recommended to take the judicial route of labor arbitration to solve the problem and protect the legitimate rights and interests of individuals As for the labor handbook of your additional money, you can reissue it...
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6 months without getting paid How did you get this far?
The reason for your resignation is that you should be frustrated by the company's unpaid wages, and it makes perfect sense.
Through the legal process, you will definitely win the lawsuit, and the five insurances or something will definitely be paid to you.
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It is not possible to transfer social security without resignation.
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It's really messy, I didn't sign a contract for so long at work, it's really okay. And then I paid you insurance, and I didn't pay my salary for 6 months? So all the money for social security is taken by the company?
Anyway, if you don't sign a contract, you can go to the labor arbitration institution to denounce your company, then your company will be miserable, then the company will be afraid, and if you are smart, you will settle your salary and let you go quickly. Also, if you want to resign, why doesn't the boss sign it? There must be something hidden inside, such as you didn't say it a month in advance, or you want to take out important information and other medicines with the company, etc., so the boss has been dragging you down.
If you force yourself to go, of course not, you will suffer, for example, you can be counted as absenteeism, the company can fire you, maybe your work is important, your sudden resignation will bring unnecessary trouble to the company, maybe you have to compensate it. It's better to negotiate again and communicate with the boss. In the future, you should be cautious when looking for a job, and at least learn to protect your due interests.
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Kicked him in a dashing manner, is it a big deal to start all over again, gold will always shine.
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Eat and drink, Lazar, don't care about him and consume him.
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The company wants you to leave and deliberately makes things difficult for you.
If you're sure it's boring, then you should look for a new job. Then just take the initiative to leave your job, and don't have to worry about other things. It's good to put your passion down for a job, if you get entangled in the old company, then it will not only affect your mood for a year, but also waste your time.
Resignation and re-employment are all normal things, just like buying vegetables on the street, don't stay, just have the past, there is nothing worth wasting your emotions. Of course, if it's just a colleague or leader who doesn't like you, then don't leave easily. If you still like the job, talk to your direct supervisor in person, or ask other colleagues what the reason is.
The working friction is also very slag and lead bending is normal, and there are many reasons, and the starting point is different, which sometimes makes people incomprehensible. A good job, or a group of good colleagues, then individual people's difficulties and conflicts can be ignored.
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Summary. If the company is deliberately difficult for you, I suggest that you should try to communicate with the company first, try to understand the company's ideas, and see if you can solve the problem. If the communication fails, you may consider filing a complaint with the Labor Arbitration Board to get a proper outcome.
The company wants you to leave and deliberately makes things difficult for you.
If the company is deliberately difficult for you, I suggest that you should try to communicate with the company first, try to understand the company's boring and patient thoughts, and see if you can solve the problem. If the communication fails, you can consider filing a complaint with the Labor Arbitration Commission to get a legitimate result.
I'm sorry I don't understand, but can you elaborate on that?
If the company deliberately makes it difficult for you to leave, you should first understand the company's exit process and make sure that your departure is legal. If the company refuses to accept your resignation application, you can try to negotiate with the company to try to get the company to accept your resignation application. If the company still refuses to accept your resignation application, you can file a complaint with the Labor Dispute Arbitration Commission to obtain a legitimate right to resign.
In addition, during the resignation process, you should pay attention to protect your rights and interests, and if the company violates any labor laws, you can file a lawsuit with the labor dispute arbitration commission to obtain a legitimate right to leave the company. Finally, during the resignation process, you should pay attention to protect your rights and interests, and if the company violates any labor laws, you can file a complaint with the labor dispute arbitration committee to obtain a legitimate right to leave the company. At the same time, you should also take care to protect your career development, and during the departure process, you should try to maintain a good personal image in order to succeed in your future career development.
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In practice, many employers do take advantage of the employee's weakness in adducing evidence, and do not sign the resignation application submitted by the employee after receiving it, or do not accept the employee's resignation application at all, and in the end say that the employee is absent from work or illegally terminates the labor contract, which seriously damages the legitimate interests of the employee.
In this case, it is recommended that the employee may apply for resignation by EMS and indicate on the courier details that the name of the document sent is "Resignation Application" (it is recommended to use the name of "Resignation Notice" or "Notice of Termination of Contract"), and keep the postmark courier receipt.
More than 30 days after the written notice, the employee can still leave the job even if the employer does not approve it.
Find any record that proves that you actually work for this company.
For example, punch in and out of records, timesheets, and the like.
Then labor arbitration basically protects the interests of vulnerable groups.
Of course, you can also get the evidence and talk to the company about it, then it is not a matter of 32 days' salary.
You can ask the company to pay a little more.
If you don't sign a labor contract and press your salary, you will definitely be fined if you get caught.
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Summary. One is to continue to work, and after obtaining evidence that the employer owes you wages, when you want to settle your wages with the employer one day, you can go to the local labor arbitration to file a lawsuit. In accordance with the provisions of Article 1, Paragraph 1 (Legal Interpretation 2006 No. 6):
If the employer can prove that it has notified the employee in writing of the refusal to pay wages during the existence of the labor relationship, the date on which the written notice is served shall be the date on which the labor dispute arises. If the employer cannot prove it, the date on which the employee claims his rights shall be the date on which the labor dispute arises.
The second is to work in the employer for one month, and after obtaining evidence that the employer has reduced your salary without reason, and then I propose to terminate the contract in accordance with Article 38 of the Labor Contract Law, which stipulates that "if the employer fails to pay the labor remuneration in full and in a timely manner, the employee may terminate the labor contract". In accordance with the first paragraph of Article 46 of the Labor Contract Law, the employer shall pay economic compensation to the employee.
What should I do if the company deliberately made it difficult for me to resign automatically?
The first is to continue to work, and after obtaining evidence that the employer owes you wages, when you want to settle the wages with the employer one day, you can go to the local labor arbitration to file a lawsuit. Pursuant to the first paragraph of Article 1 (Fa Shi 2006 No. 6), if the employer can prove that it has notified the employee in writing of the refusal to pay wages in a wage dispute arising during the existence of the labor relationship, the date of delivery of the written notice shall be the date on which the labor dispute arises.
If the employer cannot prove it, the date on which the employee claims his rights shall be the date on which the labor dispute arises. The second is to endure working in the employer for one month, and after obtaining evidence that the employer has reduced your salary because it has not asked the employer, and then I propose to terminate the contract in accordance with Article 38 of the Labor Contract Law, which stipulates that "if the employer fails to pay the labor remuneration in full and in a timely manner, the employee may terminate the labor contract". In accordance with the first paragraph of Article 46 of the Labor Contract Law, the employer shall pay economic compensation to the employee.
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Junior staff should also know how to defend their rights.
Have a good discussion with your parents and tell them why you want to leave your job. Try to get their consent, and if you can't get their consent, you can secretly quit your job and wait until you find a new job before telling your parents.
If you want to start a business, it is recommended that you choose a suitable entrepreneurial project, see if you have the qualifications of the relevant project, and work hard after finding the right project. Of course, capital is also a problem to consider in the process of starting a business, and if you have limited start-up capital, you can solve it through small loans. >>>More
Directly from the original unit to receive the certificate of termination of the labor contract, to the original unit for you to handle social security for you to receive the social security transfer continuation order, after the continuation of the order to the area where you are convenient to pay, to the local social security bureau for the transfer, after the renewal is completed. >>>More
I think you should make it clear about your wages before you resign, and now many companies pay wages in accordance with national labor laws.
If a person is not a sage, who can be infallible! But since you have made a mistake, you should accept the punishment of the company, but there is no need to resign! The company's system is not an ornament, and you must abide by the company's system when you work. >>>More