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If you don't want to do it, you can do it even if you sign a contract. However, according to Article 31 of the Labor Law, the employer must be notified in writing 30 days in advance.
Our salary is paid at the end of the second month and the salary of the previous month, is this said in the contract you signed at that time? If it is not stated, it is the employer's failure to pay labor remuneration in accordance with the labor contract. If you deduct or default on the employee's wages without reason, you may be allowed to resign immediately without breach of contract, and you can also require the employer to bear the liability for compensation according to the actual situation.
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Brother bounty is so low, the company should pay wages on the 7th of each month, and the delay for special reasons is 5 days that is, the 12th, but the delay requires the consent of the employee to be considered a violation of the labor law, you can rest assured that there are many reasons for your resignation and leaving, don't be afraid, pay wages at the end of the month, you can get 15% or 20% compensation. This is one of the reasons, there is also the 08 years of labor law is different, where more than 08 years 1 yuan 30 days to sign the contract, to pay double wages to the contract until the signing of the contract, if by 08 December has not signed the contract for the company has signed with the worker without a fixed contract, then the boss does not want you can not drive you away.
You just tell your boss directly, I want to resign if you owe wages, you violated the labor law and signed the contract in April, and I want to resign, or you will compensate me for double my salary for the three months from February to April. Your boss should understand labor law, if you don't understand, you should talk to the personnel administration manager first, and then find the boss if the negotiation is not good.
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Even if the contract states that one month's wages will be deposited, according to the labor law, the employer must pay the wages of the current month within 30 days or one month, or the wages of the week or the wages of the current day on a daily basis, then the contract will be deemed invalid and illegal. If the contract of your company or unit is legal after being approved by the labor department, then the employer has breached the contract first, then you can not only terminate the contract or resign, but also ask the employer to give you compensation for their breach of contract.
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Legal analysis: Labor protection is a general term for the legislative, organizational and technical measures taken by the state and units to protect the safety and health of workers in the process of labor production. It refers to the adoption of organizational and technical measures in accordance with national laws and regulations, relying on technological progress and scientific management, to eliminate undesirable conditions and behaviors that endanger personal safety and health, to prevent accidents and occupational diseases, and to protect the safety and health of workers in the labor process.
Legal basis: Labor Law of the People's Republic of China
Article 52 Employers must establish and improve a labor safety and health system, strictly implement national labor safety and health regulations and standards, conduct labor safety and health education for workers, prevent accidents in the labor process, and reduce occupational hazards.
Article 58: The State implements special labor protections for female employees and juvenile workers. Juvenile workers are workers who have reached the age of 16 but have not yet reached the age of 18.
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Legal analysis: 1. Employers must establish and improve the labor safety and health system, strictly implement the national labor safety and health regulations and standards, conduct labor safety and health education for workers, prevent accidents in the labor process, and reduce occupational hazards. 2. Employers must build labor safety and health facilities in accordance with the standards stipulated by the state, provide workers with labor safety and health conditions and necessary labor protection articles that meet the requirements of the state, and conduct regular health examinations for workers engaged in operations with occupational hazards.
3. Establish a statistical reporting and handling system for accidents and occupational diseases. The people's labor administrative departments, relevant departments and employers at or above the county level are required to count, report and deal with the accidents and occupational diseases of workers in the course of labor in accordance with the law. 4. Implement the "three simultaneous" system of simultaneous design, construction, production and use of labor safety and health facilities for new construction, reconstruction and expansion projects and the main project.
The labor protection system refers to the norms with the purpose of protecting the safety and health of workers in the labor process and the content of labor safety and health rules.
Legal basis: Labor Law of the People's Republic of China
Article 36 The State implements a system of working hours in which the daily working hours of laborers shall not exceed eight hours, and the average weekly working hours shall not exceed forty-four hours.
Article 37 The employer shall reasonably determine the labor quota and piece-rate remuneration standards for laborers who work on a piece-rate basis in accordance with the working hours system provided for in Article 36 of this Law.
Article 38 The employer shall ensure that the worker has at least one day off per week.
Article 39 Where an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of production, it may, with the approval of the labor administrative department, implement other work and rest measures.
Article 57 The State shall establish a statistical reporting and handling system for accidents and occupational diseases. The people's labor administrative departments at or above the county level, relevant departments and employers shall, in accordance with the law, count, report and deal with the injuries and fatalities of workers and the occupational diseases of workers in the course of work.
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Legal Analysis: The Labor Law mainly regulates the relationship between the employer and the employee, and mainly protects the rights of the worker. The Labor Law clearly stipulates the circumstances under which an employer may terminate an employment contract, the conditions that must be met when laying off employees, and the circumstances under which an employer may not terminate an employment contract.
Legal basis: Labor Law of the People's Republic of China Article 25 The employer may terminate the labor contract if the employee falls under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
2) Serious violation of labor discipline or the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the interests of the employer;
4) Those who have been pursued for criminal responsibility in accordance with law.
Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance:
1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he is unable to perform his original job or work arranged by the employer; (2) The laborer is incompetent for the job, and after training or job adjustment, he is still incompetent for the job;
3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract through consultation. It can be seen that the employer can dismiss the employee mainly if the employee is at fault or there are other circumstances that cause the labor contract to be unable to be performed, and the labor contract can only be terminated at this time.
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1. In China's newly enacted Labor Contract Law, the punishment for unjustified wage arrears has been increased, and the standard for increasing payment has been increased from 25% to 50% to 100%. It can be seen that the state protects the interests of the workers. Not only that, but the latest Labor Contract Law also opens up a "green channel" for employees to recover wages.
It stipulates that if the employer fails to pay wages or fails to pay wages according to the amount in the labor contract, then the employee can apply to the local people's court for a payment order, but this payment order is only if the employer does not object, if the employer objects or denies, then we will conduct the labor arbitration process in accordance with the legal channels. 2. Finally, we need to make it clear that no matter what the situation is, the company's behavior of defaulting on employees' wages is illegal. Employees have the right to file a lawsuit directly with the local court to demand that the company pay their due remuneration in a timely manner.
Defend your rights through legal means, or report to the relevant local labor department to apply for arbitration, etc. At present, China's protection of laborers is very standardized and has certain advantages. Therefore, workers should not think that they are the weaker party, the employer and the worker are equal and choose each other, and there is no distinction between high and low ranks.
Safeguard your legitimate rights and interests.
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Legal Analysis: The Labor Law of the People's Republic of China is formulated in accordance with the Constitution to protect the legitimate rights and interests of laborers, adjust labor relations, establish and maintain a labor system adapted to the socialist market economy, and promote economic development and social progress.
Legal basis: macro destruction.
Labor Law of the People's Republic of China
Article 2 This Law shall apply to enterprises and individual economic organizations (hereinafter collectively referred to as "employers") within the territory of the People's Republic of China and to workers who have formed labor relations with them. State organs, public institutions, social organizations, and workers with whom they have established labor contract relations shall be subject to this Law.
Article 3 Workers shall enjoy the right to equal employment and choice of occupation, the right to receive remuneration for labor, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance benefits, the right to submit labor disputes for settlement, and other labor rights prescribed by law. Workers should be prepared to complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.
Article 4 Employers shall establish and improve rules and regulations in accordance with law to ensure that workers enjoy labor rights and perform labor obligations.
Article 5 The State shall adopt various measures to promote labor employment, develop vocational education, formulate labor standards, regulate social income, improve social insurance, coordinate labor relations, and gradually improve the living standards of laborers.
Hello, I am the HR manager of a company, I am familiar with labor relations, and I have been to labor inspection and labor arbitration many times. Judging from your description, your employer did not respect the rights of your employees well and violated your due rights and interests. You can defend your rights in accordance with the law. >>>More
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Hello dear, happy to answer for you! According to the provisions of the Labor Law of the People's Republic of China, workers have the right to obtain labor remuneration, rest and vacation, social insurance, labor safety and health and other rights and interests in accordance with the law, and are also obliged to abide by labor discipline, improve work ability, and protect labor safety. The Labor Law also stipulates the procedures and regulations for the signing, alteration, and termination of labor contracts, and protects the legitimate rights and interests of those who work and grind. >>>More
It took more than 2 years for my friend to basically return to the original state, and she was pasted with a plaster at that time, which cost 50 yuan for a sticker, and it took a long time to recover.
This may be a trap between the intermediary and the unit, and the intermediary can be asked to return the money. You can also hit the local labor department**.