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I'm an HR professional and there are some details that need to be asked:
Do you have a leave slip or a leave notice from the company for you to rest at home this month? If you ask for leave, if there is evidence, if the company tells you to take a break, you will take a break, then it is necessary to prevent the company from voluntarily leaving you on the grounds of absenteeism.
It is recommended that you negotiate with the company on the grounds that you have not signed a labor contract, and if the negotiation fails, you will go to labor arbitration to sue the company
Clause. 1. The company has not signed a labor contract with you;
Clause. Second, it is the company that informs you that you are on vacation, not that you did not go to work;
Clause. 3. You have not gone through any resignation procedures.
You can prove that you are in the job and that you are the key to winning.
Refer to the Regulations of the Labor Contract Law
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.
If you have any questions, you can send me a short message, thank you!
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Yes, if the Labor Law has special provisions on the 3-month probationary period, you can first go to the Labor Dispute Mediation Committee for mediation, otherwise the Labor Dispute Arbitration Commission will make a decision.
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Yes, just do what you say.
Be gentle and don't be impulsive.
If you can't, go to the labor office.
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It is said that as long as there is no formal dismissal, you should be paid off-season salary, but it will be very difficult to get up, you need to have evidence of working there, and proof of the situation that you said "the personnel department said that it will notify you".
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They have a word first, a minimum of three hundred, why don't they give it? Go and ask for it, take it that belongs to you, and take it if you want it!
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If the company has violated the law, the labor contract must be signed within 1 month, and if it is not signed, the company will pay double the salary.
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Can advise you to go.
Don't ask the relevant authorities for help.
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1. The employee can choose to terminate the labor contract and request the employer to pay economic compensation; 2. If the worker chooses not to terminate the labor contract, but continues to perform the labor contract, he can report to the labor administrative department, and if the administrative organ orders Minda not to pay wages within the time limit, according to Article 85 of the Labor Contract Law, in addition to the labor administrative department ordering the labor remuneration to be paid within the time limit, if the employee fails to pay the labor remuneration within the time limit, the employer will also be ordered to pay additional compensation to the employee according to the standard of 50% to 100% of the amount to be paid.
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Summary. Hello, I am glad to answer for you, and the arrears of wages can be solved by the labor bureau department.
1) Complain and report to the local labor and social security inspection agency.
2) To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application must be submitted to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute.
3) Settlement through litigation, etc.
Can you help me if my salary doesn't come out?
Hello, I am glad to answer for you, arrears of wages can be solved by the labor bureau department (1) Complaint and report to the local labor and social security inspection agency. (2) To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application should be submitted to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute. 3) Settlement through litigation, etc.
Hello, you can go to the labor inspection brigade. Generally speaking, wage arrears can be resolved by applying to the local labor bureau for arbitration, or by going to the local labor inspection brigade to complain or report, and the second way is generally the fastest and most effective way to solve the problem. Legal basis:
Article 9 of the Regulations on the Supervision of Labor and Social Security Any organization or individual has the right to report to the administrative department for labor security any violation of laws, regulations or rules on labor security. If a worker believes that the employer has infringed upon his or her legitimate rights and interests in labor security, he or she has the right to lodge a complaint with the labor security administrative department. The administrative department for labor and social security shall keep the informant confidential; Whistleblowers who report if the report is true and provide the main clues and evidence for the investigation and punishment of major violations of labor security laws, regulations or cantonment rules, will be given a lenient rent reward.
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After the employee leaves the company, if he or she makes a major mistake during his or her employment, if the employer has evidence to prove that the employee has gross negligence, the employee himself is required to bear the responsibility, and if the employee refuses to assume responsibility, the employer may apply for labor arbitration and require the employee to pay certain compensation.
How to Apply for Labor Arbitration:
1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).
2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court;
3. During the application for labor arbitration, do not delay the worker to work in the new ruler sensitive unit.
Article 90 of the Labor Contract Law of the People's Republic of China If a worker terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction agreed in the labor contract, causing losses to the employer, he shall be liable for compensation.
Article 16 of the Interim Regulations on the Payment of Wages If an employee causes economic losses to the employer due to his or her own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the wages of the workers themselves. However, the monthly deduction shall not exceed 20% of the employee's salary for that month.
If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.
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1. The easiest way is to file a complaint with the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the "Labor Security Supervision Regulations" 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 fees, no lawyer), and claim compensation from the unit through the award issued by labor arbitration, and if it is not compensated, it can be applied to the court for enforcement.
4. While claiming wages in the above ways, you can also require 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.
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There is an insurance company for repair costs, but in principle, the insurance company should hold you accountable and ask you for maintenance fees, but in life, you generally will not ask for it. In terms of wages, the boss should pay your salary, and the loss of work stoppage and wages are two different things, and you should be paid
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The boss has the right to impose penalties in accordance with the company's rules and regulations.
In short, on the one hand, there is a penalty, and at the same time, a salary is paid. If the penalty is large, it will be deducted in installments. At the very least, make sure you have a minimum wage every month.
If the company doesn't have a penalty system, then congratulations, you can get away with it.
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It's not that complicated, there is insurance payout, your boss's good character will not be too serious, who hasn't made a mistake, your boss has a bad character or a bad mood, you may really talk about it.
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Don't you have an IOU, you can sue him? There are also colleagues who can prove that you have worked in this company.
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It doesn't matter if you don't sign a contract, prepare the payslip from the previous salary and go to labor arbitration.
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