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Hello: The obligation of the unit is to pay your labor remuneration normally, and your obligation is to bear compensation if the company's losses are caused by mistakes. The amount of compensation depends on the actual amount of loss, the proportion of liability for mistakes, and the risk cannot be borne by the employee.
It is the right to resign, and it is possible to resign in accordance with the Labor Contract Law if you make a mistake.
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You can get your wages back, but the company can't not refuse to pay you wages because you did something wrong, otherwise the company is violating the labor law and contract law.
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The mistakes caused by your negligence have indeed had a certain impact on the normal production and business activities of the unit, but the other party will eventually give the money to your company, otherwise they will constitute a breach of contract or unjust enrichment. The company can settle the matter through legal means.
It is also illegal for the company to withhold your wages. Because, the labor contract law stipulates that wages should be paid to employees in full every month, and you cannot withhold the full amount of wages because you have made a mistake in your work, and if you apply for labor dispute arbitration, you should be able to get support.
If your misconduct does cause damage to the employer, the employer may impose financial penalties on you in accordance with certain internal regulations.
In the current situation, it is the time to test you, and the mistakes you have made, at least after you have made them, you must make up for them. Otherwise, if something happens, you will leave, it is too unkind, the boss hires employees, just to do things for him, and now things are not done, some people throw their faces to show you, it is inevitable, as long as you are honest in your own heart, other people's words and behaviors, and even some snobbish words don't care, just give your life a lesson in anti-pressure.
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You should be paid a salary, and if you are not given a direct lawsuit.
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One of the clauses in the agreement is to submit the resignation letter one month in advance, otherwise the salary of the current month will be deducted as liquidated damages.
This agreement is invalid, and the labor law stipulates that the employer can deduct the employee's salary for no reason.
Regarding resignation, the Labor Law stipulates that if an employee submits a resignation 30 days in advance, the employer must agree to the resignation. In the interpretation document, the employee is not required to leave the job 30 days in advance, as long as the employee's resignation will not cause losses to the employer. This is often a misconception of many people.
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Guangdong lawyer Hu:
You can ask the employer to give you a salary, but the employment agreement is invalid for "resigning and submitting a resignation letter one month in advance, otherwise the monthly salary will be deducted as liquidated damages", and if the employer does not give you a salary, you will go to the labor inspection brigade to report and complain.
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Appeal to the local labor inspection brigade and ask for a solution.
In accordance with the provisions of the Labor Law, wages are paid on a monthly basis. The salary of the previous month can be paid in the current month, but it is illegal to cross months; If the company is in arrears of wages, the employee can file a complaint with the labor inspection brigade, which will order the employer to pay wages within a time limit, and if the payment is not made within the time limit, additional compensation will be paid.
Article 50 of the Labor Law stipulates that wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Article 7 of the Interim Provisions on Payment of Wages stipulates that wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month.
Article 85 of the Labor Contract Law stipulates that in any of the following circumstances, the employer fails to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;
2) Paying wages to workers at a rate lower than the local minimum wage standard;
3) arranging overtime work without paying overtime pay;
4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
The labor administrative department shall order the payment of labor remuneration, overtime pay or economic compensation within a time limit; 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
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The unit I work for is paid on time, so of course I got my salary, and if your employer is in arrears, you can go to the labor bureau to apply for labor arbitration and ask for wages.
Ask for wages. About asking for wages. At work, have you ever encountered a situation where your boss did not pay your salary?
How do you solve this situation? Perhaps many people do not know what to do when they encounter such a situation, how to get their wages back. Next, let's tell you the solution to the boss's non-payroll.
1. Wage arrears without reason.
Article 50 of the Labour Law stipulates that "wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
The term "unjustified arrears" here should be understood to mean that the employer deliberately fails to pay the employee's wages within the specified time without justifiable reasons. The Ministry of Labor's "Supplementary Provisions on Issues Concerning the Interim Provisions on the Payment of Wages" has made an exclusionary provision for "unjustified": "unjustified" wages of workers do not include:
1) The employer is unable to pay wages on time due to natural disasters, wars and other reasons that are not resisted by human resources;
2) The employer is affected by production and operation difficulties and capital turnover;
After obtaining the consent of the labor union of the unit, the wages of the workers may be temporarily overdue, and the maximum limit of the extension period may be determined by the labor and social security administrative departments of each province, autonomous region or municipality directly under the Central Government in accordance with the local situation. In all other cases, unjustified arrears of wages are non-refundable.
Second, the solution.
1. For this kind of illegal behavior, the easiest way is to complain to the local Zhengyan Labor Law Enforcement Supervision Brigade, and they will supervise and inspect the employer in accordance with the "Labor Security Supervision Regulations" in accordance with the law, and order it to pay the arrears of wages.
2. In accordance with the provisions of Article 30 of the Labor Contract Law, if the employer is in arrears or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
3. The most effective is to apply for labor arbitration directly to the local labor administrative department (no fee, no need to call the shirt bearer), and claim compensation from the unit through the award issued by labor arbitration, if it is not compensated, you can apply to the court for enforcement.
4. If the labor arbitration is not accepted or the arbitration is unfair, a civil lawsuit can be filed with the court within 15 days and directly executed through the court judgment.
5. While claiming wages in the above ways, you can also request the employer to pay you additional compensation according to the standard of 50% to 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law.
First of all, it is certain that it is illegal for the boss not to pay wages, and at this time, employees can protect their rights and interests through some legal channels, such as complaining to the labor inspection department, applying for labor arbitration, filing labor lawsuits, etc. No matter what means are used to ask for wages, all employees must not act impulsively.
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The suggestions are as follows: 1. Find out whether this private tile shop is registered, and inquire at the local industrial and commercial office, which costs about 60 yuan. If you don't register, then your affairs are more troublesome, and you can go directly to the person in charge.
2. Receipts of evidence that you work in the store, such as: work permit, the bill of goods you have signed for selling, the information signed by the boss when the boss requires you to do things, etc., all the information that can prove that you work in the store are collected.
3. Do you have the treatment agreed on verbally? If there is no evidence that the boss has promised you a salary standard, this is more troublesome to chase.
4. After collecting relevant information! Go to the local labor bureau to complain, or you can directly apply for labor arbitration.
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If you are a local, there is hope, if you are out of town, swallow this bitter fruit.
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Did you sign an agreement? You can go to court and sue them.
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First, it is not only up to the conscience of the boss, if the practice of increasing 200 yuan per year is still implemented this year, it can be supported, even if it is not implemented this year, at least it can be calculated according to last year's 1600 yuan.
2. The labor contract signed on behalf of the employee is invalid and should not be cared about.
Third, it is relatively easy to present evidence, because you have been working for four years, and the receipts at the end of each month and the end of the year are evidence, and you can provide the situation of previous years to the court. In addition, you can check whether your 700 yuan per month is lower than the local minimum wage.
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Since there is no evidence of the agreement. Your company can not admit it.
If you have a contract, you should be able to ask your boss to pay you.
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Our labor contracts are all signed by the company. Didn't tell us about it. I just found out by chance.
If it's as you say. So the company owes you 11 months of double salary, and I also need money now, can I ask the boss for my salary now?
Yes, but you have to prove that the company owes you so much money! Your salary standard is 1700 to prove that the proof is very simple: salary slips, number plates, tooling, etc. to prove the labor relationship!
You only need to point out that your signature is fake, and the burden of proof lies with the other party!
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