Consultation on employment law. Consultation on legal issues related to labor law

You can now collect relevant evidence and apply for labor dispute arbitration at the Labor and Social Security Bureau where the company is registered.

You must provide the following evidence to the Labor Bureau;

1: Proof of the existence of an employment relationship with the company. (including pay slips, work clothes, work permits, etc., preferably with a witness).

2: Proof that you are receiving your salary. (This is important because this is the proof you are asking for double pay).

With the above evidence, the Labor Bureau can accept it.

In the request for labor dispute arbitration, the following requirements may be put forward:

1: Double the salary from July 23, 2008 to the day before the termination of the labor relationship (including the salary that has been received, so the salary that has been received should be removed from the request, and in layman's terms, it is to ask for another salary.) ）

2: Claim compensation for one month's salary.

3: Ask the company to make up all the social insurance for you. (The most important is pension insurance.) ）

Mainly refer to the "Labor Contract Law" and the "Regulations for the Implementation of the Labor Contract Law".

You start by adding a few questions.

1. What is the period of the one-month holiday during the Spring Festival?

2. Have you been informed of the reasons for your dismissal?

3. If you have not signed a contract since joining last year, you need to try your best to keep the evidence of the formation of a de facto labor relationship, such as employee cards, pay stubs, and relevant procedures handled when you join the company.

4. Regarding financial compensation, double salary payment, after you add I will reply to you.

1. On the issue of holidays. Beijing stipulates that enterprises that take regular holidays should pay their employees living expenses, which must not be less than 70 percent of the minimum wage. References apply.

2. If you are incompetent for the job, you must be transferred or trained, and you are still incompetent before you can be relieved. Severance shall be paid to the employee according to the number of years of service in the employer and one month's salary for each full year.

3. The change of the name of the employer does not affect the performance of the original labor contract.

4. Double wages are applicable to the situation where no written labor contract has been signed.

5. If the insurance is not paid, it can be complained to the labor and social security department.

1. If you provide valid evidence of working in the public institution, such as a wage slip, you can complain to the labor promotion department, and the unit will punish him with double wages for not signing a labor contract with you;

2. If you are suddenly asked to resign, you will be paid compensation, which is twice the amount of economic compensation, and the economic compensation is paid for one month for every full year, and the economic compensation for more than six months and less than one year is calculated as one year, and the economic compensation for half a month's salary will be paid for less than six months, and the payment in lieu of notice for another month's salary will be paid.

3. The arbitration commission shall make a decision on acceptance or non-acceptance within 7 days from the date of receipt of the complaint. If the decision is made to accept the case, a copy of the statement of claim shall be served on the respondent within 7 days from the date of the decision, and an arbitral tribunal shall be formedWhere a decision is made not to accept it, the reasons shall be explained. The respondent shall submit the statement of defence and relevant evidence within 15 days from the date of receipt of the copy of the statement, and the arbitration commission shall have the right to require the parties to provide or supplement evidence.

The school shall sign a labor contract with you, and the labor contract shall contain the terms stipulated in Article 17, otherwise it is a violation of the Labor Contract Law, please see the following description of the labor terms:

Article 17 The labor contract shall have the following provisions: (1) The name, domicile and legal representative or principal responsible person of the employer;(2) The worker's name, address, and resident ID card or other valid identification number;(3) The term of the labor contract;(4) The content of the work and the place of work;(5) Working hours, rest and vacation;(6) Labor remuneration;(7) Social insurance;(8) Labor protection, working conditions and protection against occupational hazards;(9) Other matters that shall be included in the labor contract as provided by laws and regulations. In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.

Article 81 Where the text of the labor contract provided by the employer does not contain the necessary terms of the labor contract as stipulated in this Law, or the employer fails to deliver the text of the labor contract to the employee, the labor administrative department shall order it to make correctionsIf any damage is caused to the worker, he shall be liable for compensation.

The school's practice is illegal, you can ask the school to give you financial compensation, and if the school refuses, you can go to the local labor administration to sue the school.

First of all, the school is obliged to pay you social insurance. It's certainly not legal for schools to do this.

It is based on the Labor Contract Law.

You can go and ask the school to make up for you and compensate you for your losses.

This kind of comparison is hard!I think what other friends say is more rigid, although the law says so, but this kind of small rural private workshop is difficult to do in accordance with the labor law or anything, even the local court may not be able to judge the 'labor enterprise' to bear full responsibility!

To put it bluntly, there is no one who eats whole grains without getting sick, and the elderly are more likely to get sick, how can it be considered a 'work injury' because you are sick! And it's an old man again!

There may be a problem of illegal employment, but illegal employment will never be wrong to bear the responsibility for the illness of the elderly.

From the medical point of view, the elderly are in serious condition, not necessarily because the time to the hospital is delayed after the onset of the disease, it may be the opposite, the onset of cerebral congestion should let the patient lie down quietly, and the doctor will treat it, and the old man is bumpy on the road, which may be the main reason for the serious condition. Of course, it may also be "no good", in short, this geriatric disease has nothing to do with work-related injuries. If the landlord does what others say, he will not get any desired results, but will have to take time and expense!

Personally, I suggest that we negotiate with the owner of the factory, and as a place to work, we can say that we can give more financial subsidies.

In response to your question, the responsibility of the duck factory can only be illegal employment, and the industrial and commercial authorities can punish the factory and pay the compulsory insurance subsidy for the elderly according to local standards (which may not be much), and if the elderly are over 55 years old, they may not be able to make up. Such a relationship can only be a temporary employment relationship, and cannot be dealt with under a simple labor law. The employment relationship is to hire and give the agreed money for the work.

During the period, the labor safety should be fully responsible, and what the landlord said was not a labor safety accident, but the employee's own illness.

Hello: If there is a sudden illness during working hours and at work, and it is sent to the hospital for treatment, and there is no death consequence, it will be treated as an injury due to illness or non-work-related injury, and the employee can enjoy medical insurance benefits, but cannot claim compensation for work-related accident damages.

The duck factory is fully responsible for medical expenses, lost work expenses, and mental damages.

1.If an individual is injured outside of the company outside of working hours, it is not considered a work-related injury and cannot be compensated by work-related injury insurance.

2.The legal period of medical treatment for workers is at least 3 months, so you can take at least three months of sick leave, of course, with a certificate from the hospital.

Provisions on the medical treatment period for sick or non-work-related injuries of enterprise employees:

Article 1 In order to protect the legitimate rights and interests of employees of enterprises during their illness or non-work-related injuries, in accordance with Article 20 of the Labor Law of the People's Republic of China.

6. Article 29 stipulates that these provisions are formulated.

Article 2 The period of medical treatment refers to the time limit within which an employee of an enterprise may not terminate the labor contract due to illness or non-work-related injury, stop working, receive medical treatment and rest.

Article 3 When an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, he or she shall be given a medical treatment period of three months to 24 months according to his actual working years and the number of years he has worked in the unit

1) Where the actual working experience is less than 10 years, three months for those who have worked in the unit for less than 5 years; Six months for more than five years.

2) Where the actual working experience is more than 10 years, the working experience in the unit is less than 5 years, and 6 months is the actual working experience; 9 months for those between five and ten years; 12 months for between 10 and 15 years; 18 months for between 15 and 20 years; 24 months for more than 20 years.

Article 4 Where the medical treatment period is three months, the accumulated sick leave time within six months shall be calculated; 6 months is calculated based on the accumulated sick leave time within 12 months; Nine months shall be calculated as the accumulated sick leave time within 15 months; 12 months shall be calculated as the accumulated sick leave time within 18 months; 18 months shall be calculated based on the accumulated sick leave time within 24 months; 24 months shall be calculated based on the accumulated sick leave time within 30 months.

Article 5 During the period of medical treatment, the sick leave pay, sickness relief expenses and medical treatment of the employees of the enterprise shall be implemented in accordance with the relevant regulations.

Article 6 Where an employee of an enterprise is disabled not due to work or is found by a doctor or a medical institution to be suffering from a disease that is difficult to achieve, and the medical treatment is terminated during the medical treatment period, and he is unable to engage in his original job or the work arranged by the employer, the labor appraisal committee shall conduct an appraisal of his or her working ability with reference to the appraisal standards for the degree of disability caused by work-related injuries and occupational diseases. Those who have been identified as level 1 to 4 shall withdraw from their labor positions, terminate their labor relations, go through retirement and resignation procedures, and enjoy retirement and retirement benefits; If the employee is assessed as grade 5 to 10, the labor contract shall not be terminated during the medical treatment period.

Article 7 Where an employee of an enterprise is disabled not due to work and is found to be suffering from a disease that is difficult to suffer from by a doctor or medical institution, and the medical treatment period expires, the labor appraisal committee shall conduct an appraisal of his or her working ability with reference to the appraisal standards for the degree of disability caused by work-related injuries and occupational diseases. Those who have been appraised as level 1 to 4 shall withdraw from their labor positions, terminate their labor relations, go through the formalities for retirement or retirement, and enjoy retirement and retirement benefits.

Article 8 For those who have not recovered after the expiration of the medical treatment period, the issue of economic compensation for the terminated labor contract shall be implemented in accordance with the relevant provisions.

Article 9 These Provisions shall come into force on January 1, 1995.

First of all, you are not injured at work. There is no responsibility in the factory.

Again, does the factory buy insurance for you, such as medical insurance?

When it comes to holidays, I suggest you go to the Labor Bureau for advice.

Hope you get a good morning!

1.The full-time job transfer is a change of labor contract, and the employer must negotiate with the employee, and the unit shall not arrange the transfer if the employee does not agree.

2.The same employer can only agree on a probationary period once, and it is illegal for an employer to agree on a probationary period for the second time.

3.If the employer does not renew the contract upon expiration, as long as you do not have the circumstances stipulated in Article 42 of the Labor Contract Law, it is legal for the employer not to renew the contract, but the employer shall pay you one month's salary as a severance according to your one-year service. National laws and regulations do not stipulate that the employer shall notify the employee in advance whether to renew the fixed-term labor contract when it expires, so it depends on whether there are local regulations, and units with local regulations should notify in advance, and units without local regulations do not need to notify in advance.

First of all, regarding the probationary period, the Labor Contract Law clearly stipulates that the employer can only set a probationary period for the employee once, and the probationary period shall not be set for subsequent job transfers; Secondly, the unit shall re-sign the labor contract with you or change the original contract if you adjust your position; Finally, on the issue of contract renewal, if the employer decides not to renew the contract with you after the expiration of the contract, you need to pay you one month's salary for each year of service.

1. Regarding the issue of job transfer, if there is a clear position agreement in the labor contract, the company must obtain your consent and the treatment will not be reduced if the company wants to transfer you. If the type of job is not clear at the time of signing the contract (Planning Department), the company has the right to transfer you.

2. The same employer and the same employee can only agree on a probationary period once, so it is illegal for the company to say that it will be probationary for another 3 months.

3. After the contract expires, the company has the right to choose whether to continue to sign a contract with you. Similarly, you have the right to choose whether or not to stay. It is legal for the company to tell you not to renew your visa before or on the expiration date.

If the company does not say anything after the expiration, it means that you agree to continue working in the company.

There shouldn't be a probationary period either.

Lawyer Wang Jun.

If you are pregnant, you cannot terminate the labor contract, that is, if the employer must ask for termination, then you will pay double the compensation.

According to Articles 42 and 45 of the Labor Contract Law, if a female employee is pregnant, giving birth or breastfeeding, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law. Where a female employee's labor contract expires during her pregnancy, the labor contract shall be renewed until the corresponding circumstances disappear and terminated. Therefore, the company cannot dismiss you without reason, you can negotiate with the company, and if the negotiation fails, you can apply for labor arbitration.

Hello! The legal education network has a relevant legal consultation column, you can consult for free, and there will be a professional lawyer to answer for you.

Please review, thanks.

Go to arbitration and apply for an extension of the employment contract.

Article 29 The employer shall not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law if a worker falls under any of the following circumstances:

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

2) Sick or injured within the prescribed period of medical treatment;

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

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

Your company's actions are clearly in violation of labor laws, and the company cannot dismiss you for this.

You said that your contract has expired, how many times have you signed an employment contract with this company, when is the expiration date?

In view of your situation, you can file a complaint with the local labor inspection brigade (of course, it is also advisable to prepare some necessary documents, such as your work permit, pay slips, or bank bills for payroll, as well as internal correspondence or address books of the company, and witness statements of other employees), according to the following points:

1. Refer to Article 29 of the Labor Law.

2. The labor contract identified by the enterprise must be filed in triplicate by the local labor department, one copy for the company and one for the employee, and one copy for the labor bureau.