Questions about the new labor law!! Thank you for understanding the Labor Law!

Q: Suppose my contract is signed until April 2008! I don't want to do it in April! Will you accompany me for money.

A: No. If the individual wants to leave during the contract period, the employer does not need to accompany the money.

Q: Suppose my contract is signed until April 2008! He told me in March that I would not renew my contract and that he would not have to accompany me.

Answer: I want to accompany you with money. Except for the case where the individual wants to leave the employer, and the individual has not violated the company's confidentiality agreement and has not violated the law, the company cannot but renew the contract with the employee.

Q: If my contract is signed on December 31, 2007, what will he do if he does not renew it until December 11, 2007?

Answer: Before the new labor contract law takes effect, the company can not accompany you with money. If there is such an unscrupulous boss, it is recommended that you start to claim from other aspects, such as:

Whether the overtime exceeds the provisions of the labor law, whether the overtime is doubled from Monday to Friday, and twice as much on Saturday and Sunday. If so, you can sue him. However, you need to make some evidence early, such as punch records, payroll records, etc.

Explain that your contract is incomplete and there are loopholes to exploit.

Paragraph 1 of Article 97 of the Labor Contract Law stipulates that a contract that has commenced performance before 1/01/08 shall remain in force even after 1/01/08.

The Employment Contract Law is only valid for contracts after January 1.

As long as there is relevant evidence, you can win the case by applying for labor arbitration, and labor arbitration is free of charge, and you can handle it yourself without asking a lawyer! I am a labor arbitrator, and I can consult on labor arbitration, labor disputes, and enterprise labor law

1. The unit seriously violates the law, and the Labor Contract Law stipulates that a labor contract should be signed within one month of establishing a labor relationship.

2. Because of the illegal behavior of the unit, you can resign at any time and ask the employer to pay you economic compensation, double salary (up to 11 months), overtime wages, social insurance, etc.

3. It is a labor dispute, you should file for labor arbitration as soon as possible, you do not need to bear any responsibility, you can submit a written resignation at any time. Your employer does not have the right to withhold your wages.

4. Collect some evidence that can prove that you have an employment relationship with this unit, such as tooling (with the word "company"), work permit (preferably with an official seal), and a work card (preferably with an official seal).

Payroll cards Salary slips, attendance records, social security payment records, colleague testimonies, etc. are acceptable.

Relevant 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.

You can ask to go to arbitration!

You should first find evidence that you worked in that factory, preferably in writing, and then go to the local labor arbitration office for consultation.

1. The payment of social insurance is not a mandatory provision of the Labor Contract Law, but a provision of the Labor Law;

2. If you fail to pay social insurance premiums, you can unilaterally terminate the labor contract and pay compensation at twice the economic compensation for the working years of the enterprise.

Hello! Paying social insurance for workers is an obligation imposed on employers by law and is mandatory.

If you pay social insurance for you, you can give one month's written notice to the employer to terminate the labor relationship, and the labor relationship between you will be terminated one month later. Then you can apply to the local labor arbitration institution for arbitration, ask the employer to pay social insurance for you, and pay you 3 months' salary. Since the employer has not signed an employment contract with you, you can also request the employer to pay you double the monthly salary from February 1, 2008 to the date of termination of the employment relationship.