Labor disputes, contract signing, compensation issues

My advice to you is that no matter how much we say, we may not be able to get to the point, the best and most effective way is to go to the law firm to find a lawyer for consultation, their advice is the most effective, like your friend's situation has labor facts, the company can not cheat, I hope your friend will solve the problem as soon as possible, and you can consult directly online**lawyer**.

1. Based on the circumstances you mentioned, the employer must sign an indefinite labor contract with the employee. If you don't sign it, you can file a complaint with the labor department and deal with it.

2. One month's salary is compensated for one year. Based on 1,000 yuan per month, you can get 16,000 yuan.

3. If the negotiation fails, you can refuse the visa. However, it is still possible to receive the financial compensation mentioned above.

According to the provisions of the Labor Contract Law, you shall be paid severance equivalent to 4 months' salary. Salary includes basic salary and bonuses.

The specific legal provisions provide:

Article 44 of the Labor Contract Law stipulates that a labor contract shall be terminated under any of the following circumstances: (1) the labor contract expires; ......

Article 46 of the Labor Contract Law stipulates that an employer shall pay economic compensation to an employee under any of the following circumstances: (5) the employer terminates a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract; ......

Article 47 of the Labor Contract Law stipulates that severance 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. 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.

One month's salary is paid for less than one year.

Article 47 of the Labor Contract Law stipulates that the severance compensation shall be paid to the employee according to the standard of one month's salary for each full year of service in the employer. 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 economic standard of payment to the worker shall be three times the average monthly wage of the employee. The term "monthly wage" refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

So your company should pay you four months' salary.

Only the basic salary is compensated, excluding bonuses.

Calculated on the basis of the full salary, including bonuses, subsidies and social insurance contributions borne by the individual.

The first scenario: if the company is not in serious difficulties in production and operation but only uses the economic crisis as an excuse to lay off employees:

1) You can get double severance according to the salary payable, including the allowances, subsidies and social insurance contributions you have listed;

2) The third time you sign the labor contract, you have already fulfilled the part of the double salary, that is, you will be given another double the salary you have already received (indefinite term labor contract).

The second situation: if the company is indeed terminated due to serious difficulties in production and operation

1) No financial compensation;

2) The third time you sign the labor contract, you have already fulfilled the part of the double salary, that is, you will be given another double the salary you have already received (indefinite term labor contract).

1. The employer is required to sign an indefinite term labor contract. Basis: Article 14 of the Labor Contract Law refers to an indefinite term labor contract in which the employer and the employee agree on an indefinite termination time.

The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation. In any of the following circumstances, if a worker proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded unless the worker proposes to conclude a fixed-term labor contract: (1) The worker has worked for the employer for 10 consecutive years; (2) When the employer implements the labor contract system for the first time or the state-owned enterprise restructures and re-concludes the labor contract, the worker has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age; (3) Where two fixed-term labor contracts are concluded consecutively, and the labor contract is renewed without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law.

If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract. 2. If the employer does not agree to sign the labor contract, it may apply for labor arbitration and require the employer to pay twice the monthly salary. Basis:

Article 82 of the Labor Contract Law If an employer fails to conclude a written labor contract with an 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. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

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Article 82 of the Labor Contract Law stipulates that if the employer has not signed an employment contract with you for more than one year, it shall be deemed to have signed an indefinite employment contract and shall be required to pay the employer double the wages of the non-signed employment contract.

It is recommended that you take an hour to read the "Labor Contract Law" and the "Regulations for the Implementation of the Labor Contract Law", so that you can know what aspects the employer has violated your rights and interests, and better protect your legitimate rights and interests, which will benefit you for the rest of your life.

Pay attention to gathering evidence to prove your years of employment, overtime, etc. This is important if there is arbitration or litigation in the future.

If you still don't understand, you can come and ask me.

The point is, what is your request for arbitration to the labor arbitration commission?

The following legal provisions are provided for your reference:

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I).

Article 16 After the expiration of the labor contract, if the worker still works for the original employer and the original employer does not raise any objection, it shall be deemed that both parties have agreed to continue to perform the labor contract under the original conditions.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (II).

Article 1 The people's courts hearing labor dispute cases shall be deemed to be "the date on which the labor dispute arises" as provided for in Article 82 of the Labor Law in the following circumstances:

1) If the employer can prove that it has notified the employee in writing of the refusal to pay wages in a dispute over the payment of wages arising 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.

2) In the event of a dispute arising from the dissolution or termination of the labor relationship, and the employer cannot prove the time when the employee received the written notice of the dissolution or termination of the labor relationship, the date on which the employee claims his rights shall be the date on which the labor dispute arises.

3) In the case of disputes over the payment of wages, economic compensation, welfare benefits, etc., arising after the dissolution or termination of the labor relationship, if the worker can prove that the employer promised to pay the payment on a specific date after the dissolution or termination of the labor relationship, the date on which the employer promised to pay shall be the date on which the labor dispute arises. If the employee cannot prove it, the date on which the labor relationship is dissolved or terminated shall be the date on which the labor dispute arises.

Article 2 In the case of a dispute over arrears of wages, where the labor relationship still exists at the time of the employee's application for arbitration, and the employer claims that the employee will not pay the payment on the grounds that the employee has applied for arbitration for more than 60 days (now it should be one year), the people's court shall not support it. However, the employer can prove that the employee has received a written notice of refusal to pay wages.

I don't think the 1-year statute of limitations has passed. The legal obligation of the employer when signing a written labor contract is not the legal obligation of the employee.

During the employee's tenure of office, it shall be deemed that it is a legitimate reason for the suspension of the one-year statute of limitations for applying for labor dispute arbitration. If the date of occurrence of the labor dispute can only be counted from the date of resignation at the earliest, the date on which the labor dispute occurs is statutorily established: the date on which the rights are known to have been infringed is the date on which the labor dispute occurs.

If the employee is not satisfied with the labor arbitration award, the worker has the right to file a lawsuit!!

Labor arbitration is time-limited and is generally valid for 6 months after the end of your contract period.