What should I do if the company hires a minor and does not involve the labor contract, and the resig

The easiest way to do this is to report it directly to the labor bureau, then the company has violated the labor law by employing minors, and if you do not sign a labor contract, you can pay double the salary when you are dismissed according to the indefinite contract period.

In this case, you can also find a company to settle the salary. If it really doesn't work, you can go to the labor bureau. In this case, the company will most likely be fined and your salary will be settled.

The company has three problems, one is to hire minors, the other is not to sign a labor contract, of course, minors, they cannot sign a labor contract, and they have not yet paid off their wages, these three points can go to the labor arbitration department for labor arbitration.

You can provide your evidence to go to that. The Labor Bureau sued him.

You can report to the local labor inspection brigade, you can also apply to the local arbitration institution for arbitration, and you can also apply directly to the court for a payment order.

First, report to the Labor Bureau or the Labor Inspection Brigade, if you can't find **, you can check the address on the map and report it in person.

Second, you can go to the local labor arbitration department to apply, and you can also check the address on the map, labor arbitration does not require any cost to the worker, and it is 0 cost.

Third, you can go to the local court, "the employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract and national regulations." If the employer is in arrears or fails to pay the labor remuneration in full, the worker 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. ”

Of course, you can tell your boss in righteous words to see what his attitude is, maybe he is also afraid that you will report it, so he will pay you a salary.

Legal subjectivityIf the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary for a maximum of 11 months. However, double wages do not belong to labor remuneration, and the statute of limitations for arbitration is one year, if the arbitration commission does not support it after one year. According to the specific circumstances, dismissal is divided into no economic compensation, economic compensation should be paid or economic compensation.

Article 82 of the Labor Contract Law stipulates that 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. Double wages are a kind of punitive civil compensation for the employer's failure to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, as well as the employer's illegal act of not entering into an indefinite-term labor contract with the employee in violation of the provisions of the Labor Socks Contract Law.

The nature of double wages in a written employment contract should be viewed in two parts. One of the times wages is the labor remuneration of the laborer himself, and the arbitration statute of limitations can be applied to the fourth paragraph of Article 27 of the Labor Dispute Mediation and Arbitration Law; However, the difference between the two times wages (i.e., the other time of the double wages) is not the consideration for the labor provided by the employee, but a punitive measure prescribed by law against the illegal act of the employer not signing a written labor contract, which is not labor remuneration and cannot be applied to the fourth paragraph of Article 27 of the Labor Dispute Mediation and Arbitration Law.

Legal objectivityArticle 26 of the Regulations on the Supervision of Labor and Social Security provides that if an employer commits any of the following acts, the administrative department of labor and social security shall order the employee to pay the employee's wages and remuneration, the difference between the employee's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable: (1) Deducting or defaulting on the employee's wages and remuneration without reason; (2) Zhenyan where the wages paid to the laborers are lower than the local minimum wage standard; (3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.

If the employer verbally says that it will dismiss you, you should go to work on time before receiving a formal written notice (with the official seal), otherwise you will refuse to go through the resignation procedures. If you do not go to work only because the employer verbally dismisses you, then the bad employer will not admit that you are absent from work, and it will be treated as voluntary resignation.

If there is no reason for dismissal, it is an illegal dismissal. You can claim twice the amount of severance and make up social security contributions.

Severance = Compensation time The average salary of the 12 months before you leave the company (the calculation of the average salary: it is the number of all wages due in the current month, which is the number before deducting personal insurance and provident fund.) ）

See the Labor Contract Law.

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.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

You can file a complaint with the local labor department or apply for labor arbitration to demand that the employer pay severance compensation. If there is no reason for dismissal, double compensation may be requested, and two months of compensation may be requested after one year.

This question depends on the details. 1. Whether there is a labor contract signed, if not, it is an indefinite labor contract after one year, and it cannot be dismissed at will. 2. The dismissal of the company must comply with the labor law and the labor contract law to terminate the labor relationship, if not, it is necessary to pay economic compensation or even compensation.

3. It is recommended that you go to the local labor inspection brigade to complain or apply for labor arbitration.

In the case of arrears of wages by the employer, the employee shall first negotiate with the employer, and if the negotiation cannot be resolved, the employee can resolve the matter through the following legal means:

1) Complain and report to local authorities; Potato Letters.

2) To apply for arbitration locally, it should be noted that a written application must be submitted within 60 days from the date of occurrence of the labor dispute;

3) Resolve through litigation. This is divided into three situations: first, for labor rotation dispute cases, if any party is dissatisfied after labor arbitration, it can file a lawsuit with the court; Second, if the employer does not enforce the labor arbitration award after the arbitration award takes effect, the migrant worker may apply; Third, those who belong to the category of labor arrears can directly file a civil lawsuit with the court.

1. The legal consequences of an enterprise's wage arrears.

1. The employee can terminate the contract.

According to Article 38 of the Labor Contract Law, if an employer fails to pay the employee in full and in a timely manner, the employee may terminate the labor contract.

2. Pay compensation.

According to Article 85 of the Labor Contract Law, if an employer fails to pay the employee's remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state, the labor administrative department shall order the employer to pay the remuneration within a time limit. If the employer pays the employee's wages lower than the local minimum wage standard, it shall pay the difference in the period; If the employer fails to pay within the time limit, the employer shall be ordered to pay compensation to the employee at the rate of more than 50% and less than 100% of the amount payable.

2. How many years is the sentence for the crime of refusing to pay labor remuneration?

The law stipulates that if the payment is still not made after being ordered to do so by the relevant departments, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given. Therefore, it does not mean that the arrears of wages to the worker necessarily constitute a reprieve, but the following conditions need to be met:

1) Clearly stating that they refuse to pay, or that they should pay, but taking the initiative to carry out acts and making excuses for not paying;

2) Evading the payment of the laborer's labor remuneration by means of transferring property, escaping, etc., or having the ability to pay but not paying the laborer's labor remuneration; In any of the following circumstances, it shall be found to be an act of transferring property or escaping:

1. Evading the payment of labor remuneration by means of transferring property or escaping.

2. Ability to pay but not pay the labor remuneration of the laborer. That is, the bank deposit of the enterprise is sufficient to pay the labor remuneration of the employee, and the inaction results in the labor failure of the employee to receive the labor remuneration according to the contract or the statutory time limit.

3) The amount is relatively large. The law does not expressly stipulate the range of absolute values that constitute it. The standard for criminalization of the crime of embezzlement in public office should be compared, that is, evading or failing to pay the laborer's labor remuneration of 5,000 yuan to 10,000 yuan or more, constituting a "relatively large amount" and should be prosecuted;

4) Those who have been ordered to pay by the relevant departments still do not pay.

It is not a legal act. Dismissal is an act of dismissal by an employer, which refers to a compulsory measure taken by an employer to terminate the employment relationship with an employee due to some reason. According to the different reasons, it can be divided into disciplinary dismissal and normal dismissal.

Dismissal for violation of discipline refers to an administrative measure taken by an employer to forcibly terminate the labor relationship in accordance with the law against an employee who has seriously violated labor discipline or the internal rules of the enterprise, but has not reached the level of dismissal or removal.

1. What are the employees who are not allowed to be dismissed at will?

If an employee falls under any of the following circumstances, the employer shall not terminate the labor contract with the employee:

1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation;

2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work;

3) Illness or non-work-related injury, within the prescribed medical treatment period;

4) Female employees are pregnant, giving birth, or breastfeeding;

5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;

6) Other circumstances provided for by laws and administrative regulations.

2. What are the issues that should be paid attention to when employees are dismissed?

If an employee falls under any of the circumstances prescribed by law, he or she may request compensation from the employer.

Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to engage in his or her original job after the prescribed medical treatment period has expired, nor can he engage in other work-related activities arranged by the employer;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.