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If the company requires you to bear all the losses, it is unfair, but you must be able to take unfair evidence, the company insists on you to compensate, you can resign, but you do not need to compensate the company, and at the same time, there must be enough evidence to prove that the responsibility is not all you, and you must keep all the documents that should be signed for the remittance process. In this way, you can quit your job and leave, in fact, it makes no sense for you to work there if you don't leave, this society is so realistic.
You can grasp some weaknesses of the company, such as whether you have trained you when you enter the company or whether you have issued an employee handbook, whether the employee handbook has terms on how to compensate for major economic losses caused by personal problems to the company, and if so, whether there is a provision on the amount of loss, if you do not issue an employee handbook, you can say that you don't know, if you don't have this clause, you can also say that you don't know, if you have evidence that it is not caused by your negligence, everything is easy to solve.
Questions like yours are too time-consuming here, and you can go to the Internet or the labor station to ask for more details.
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You can use the documents they signed as evidence to explain that this is an act of duty rather than a personal act, and refuse compensation on this ground, at this time the company is expected to suspend or dismiss you, and deduct your salary, if there is a formal notice that you want to ask the company for text, and then apply for arbitration to labor arbitration with these evidence, or even to legal proceedings, it is estimated that you will not lose the lawsuit, the important point is the collection and preservation of various evidence, to prove your innocence, only with evidence can you win the lawsuit, However, even if you win the lawsuit, you will have to consider changing jobs.
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Collect some evidence to prove the labor relationship, and if you are not paid after leaving your job, you can apply for labor arbitration!
1. You can demand payment of arrears of wages;
2. You can ask for severance payment.
3. You can ask for double wages for those who have not signed a labor contract!
Labor cases can be handled by themselves, no need to ask a lawyer to win the lawsuit, and labor arbitration is completely free, I hope mine will help you solve the problem, labor disputes, labor arbitration everyone can hi me!
1. Because the employer has violated the law first, you can leave at any time after you leave the company in writing, and ask the employer to pay your arrears of wages, deposits, economic compensation, double wages (up to 11 months), overtime wages, etc.; Counting from the time you leave your job, the statute of limitations for labor arbitration is one year!
2. The premise is that there is evidence to prove the labor relationship! For example, tooling with the name of the company, work permit or work card (preferably stamped with the official seal), salary card, salary slip, attendance record, social insurance payment record, colleague testimony (resignation and employment are acceptable) or other documents with your name and official seal (including the work card with the official seal, social insurance payment records, documents with your name and official seal, one is enough to prove the labor relationship).
3. Applying for labor arbitration is very simple: bring the labor arbitration application, a copy of your ID card, prepare the evidence, go to the industrial and commercial bureau to retrieve the industrial and commercial registration information of the employer, and then go to the local arbitration commission to apply for a case! After the case is filed, you go to find a new job, and you don't delay anything!
Legal basis: Labor Contract Law:
Article 10 A written labor contract shall be concluded for the establishment of labor relations.
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.
Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and 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.
Labor Dispute Mediation and Arbitration Law:
Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:
1) Disputes arising from the confirmation of labor relations;
2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;
3) Disputes arising from removal, dismissal, resignation, or resignation;
4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;
5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;
6) Other labor disputes as stipulated by laws and regulations.
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It is recommended that you take a look at the "Labor Contract Law" and the "Regulations for the Implementation of the Labor Contract Law" in a small and chaotic manner, 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 a lifetime.
Note that you intend to collect evidence to prove your working years, overtime, etc. This is important if there is arbitration or litigation in the future.
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You can make the following request to the company:
1. Make up the payment of social security;
2. Calculate your salary according to 1600; where previously deducted shall be reissued;
3. Calculate your overtime pay according to the standard of 1600 and ask for repayment;
4. Ask the company to pay double wages from the second month of your employment;
5. You can request the termination of the labor relationship on the grounds that the company has not paid social security and deducted labor remuneration, and require the company to pay economic compensation (1,600 yuan) for one month's salary.
Remember that all your salary is calculated according to the same position of 1600 yuan.
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1. If it is not resigned, the start and end time of the contract depends on the content of the contract;
2. The working hours shall be in accordance with the provisions of the law, and overtime pay shall be paid if the working hours exceed the provisions of the law;
3. You should apply to the labor department for labor arbitration and assert your legal rights.
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It is handled as follows:
1.Keep your pay slips, if there are others, all materials, physical evidence, etc., that have an employment relationship with the company, and prepare for arbitration.
2.Arbitration requirements: The company has not signed a labor contract in accordance with the law, has not paid insurance, and requested to pay economic compensation for the period of not signing the contract in accordance with the law, and pay social insurance for itself. (You can also request the termination of the employment relationship).
3.Compensation standard: According to the Labor Contract Law, if the labor contract has not been signed for more than one month, the difference of economic compensation twice the salary during the period shall be paid.
Social security supplementary payment is not within this scope.
Above. Good luck.
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Advocate the signing of an indefinite-term labor contract and the payment of twice the salary difference of the unsigned contract.
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1. About not signing a labor contract.
According to the relevant labor laws and regulations, if you have not signed a labor contract for more than one year, the company will be deemed to have signed an indefinite labor contract with you from the date of one year, and the company will not be able to dismiss you unless there are special circumstances.
2. About wages.
Since the company has not signed an employment contract with you in accordance with the relevant labor laws and regulations, the company should pay you double the salary for one year (one year from the date of employment).
3. About social security.
You can ask the company to pay social security for you, and if you don't pay, you can report to the social security department.
4. On the evidence.
Keep any paper or electronic evidence you can think of, such as commuting records.
Don't worry too much about the evidence, if you can prove that a lot of evidence is kept by the company in a labor dispute, then the company will provide such evidence.
5. On labor arbitration.
If you go to your local labor arbitration agency, there should be a template for initiating labor arbitration.
6. About fake pay slips.
This can be explained to the arbitral tribunal by means of bank transfer records, etc.
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You don't want to do it and then take more money this time?
Labor disputes can be handled in the following ways: negotiation between the employee and the employer; apply for mediation to grassroots people's mediation organizations, enterprise labor dispute mediation committees, or organizations with labor dispute mediation functions established in townships and neighborhoods; If the mediation fails, apply to the labor dispute arbitration commission for arbitration; If they are not satisfied with the arbitral award, they shall file a lawsuit with the people's court. >>>More
Conclusion: Party B has established an employment relationship with Party C, although Party B has not signed a contract, Party B should give you two months' salary as compensation, and since Party B has not signed a contract with you for one year, you can claim double the salary from him every month except for the first month. In addition, they are required to make up their social insurance contributions. >>>More
If the company does not renew the contract, it needs to provide severance payment for 1 year and 1 month's salary (the salary standard is generally calculated based on the average salary of the past 12 months). The law does not stipulate that a contract must be renewed after two consecutive contracts.
Buy explosives, 30 pounds is almost enough, put him at the door, and ask him to give money!It's okay to look for 110 and say he robbed you of your money.
Labor Dispute Mediation and Arbitration Law.
Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China: >>>More