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The treatment of not paying wages during the trial period is as follows:
1. Confirm the facts of the labor relationship with the unit, such as payroll, attendance records, and documents in the process of work;
2. After confirming the labor relationship, the unit can be required to pay social insurance and wages;
3. If the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly to the labor arbitration commission where the unit is located to file labor arbitration.
If you resign during the probationary period, you need to give 3 days' notice to the employer before you can terminate the employment contract.
Although there is no reason to leave during the probationary period, there is no restriction on the form, as long as you tell the unit 3 days in advance, it is best to do a good job of handover, and it is more appropriate to leave after being approved by the leader.
Legal basis. Labor Contract Law of the People's Republic of China Article 20 [Probation Period] If the term of the labor contract is more than three months but less than one year, the probation period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.
The same employer and the same employee can only agree on a probationary period once.
Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.
The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.
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The employer shall pay the employee's wages in full (not less than the local minimum wage) on the agreed date, and at least once a month. If the payment is not made in time, the worker may take the following measures:
1.If you file a complaint with the labor and social security administrative department (labor inspection brigade), the labor inspection brigade will order you to pay within a time limit, and if you fail to pay within the time limit, you may request additional compensation, and the compensation standard shall be between 50% and 100% of the amount payable.
When making a complaint, a copy of the applicant's ID card and evidence of the relevant arrears of wages should be provided.
2.On the grounds that wages were not paid in full and on time, he applied to the Labor Dispute Arbitration Commission for labor arbitration, requesting the termination of the labor relationship and the payment of wages and economic compensation. If you still want to maintain the employment relationship, you can only ask for payment of wages.
Legal basis: Labor Code
Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Interim Regulations on the Payment of Wages
Article 7 Wages must be paid on the date agreed between the employer and the worker.
What should I do if I don't get paid for my trial work.
In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.
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If you don't get paid for one day of probation, there will be no result in arbitration. You have to see if the company has signed a probationary contract with you, whether there is a record of clocking in at work, whether there is a work certificate, a day, I am afraid that there is no such thing, there is no evidence to prove your work, and it is a bit difficult to get a salary.
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If you don't give him a day at work, you can go directly to the company to ask him, and if you don't give it, you can sue and go to the labor bureau to sue.
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Hello, from a legal point of view, if the employee is on probation for three days and the employer refuses to pay wages, the worker can apply to the court for a payment order, or complain to the local people's ** labor administrative department at or above the county level. The probationary period is generally included in the term of the labor contract, although it is the probationary period, that is, the probationary period, but the employee also enjoys all the labor rights during the probationary period, including the right to obtain labor remuneration, and obtaining wages is the right of the worker to obtain labor remuneration in accordance with the law, which should not be infringed. In addition, China's "Labor Contract Law" also specifically stipulates the labor remuneration during the probationary period, during the probationary period, the salary of the worker shall not be lower than the minimum wage of the same position in the unit, or must not be lower than 80% of the wage amount agreed in the labor contract, and the wage standard during the probation period shall not be lower than the local minimum wage standard.
If the labor remuneration agreement is unclear due to the failure to conclude the labor contract in time, the standard stipulated in the collective contract shall be implemented.
Legal basis] Article 11 of the Labor Contract Law of the People's Republic of China If the employer fails to conclude a written labor contract at the same time as employing the employee, and the labor remuneration agreed with the employee is not clear, the labor remuneration of the newly recruited worker shall be implemented in accordance with the standard stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented.
Article 20 of the Labor Contract Law of the People's Republic of China The salary of an employee during the probationary period shall not be lower than 80% of the minimum wage of the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.
Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner.
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.
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Summary. If an employee is not paid wages during the probationary period, he or she should collect and retain evidence in a timely manner, such as punch-in records and work permits when working in the company that can prove the existence of an employment relationship with the employer, and promptly initiate labor mediation, arbitration and litigation, which can effectively protect his or her legitimate rights and interests.
If an employee encounters a situation where he or she does not pay wages during the probationary period, he or she should collect and retain evidence in a timely manner, such as evidence that can prove the existence of an employment relationship with the employer, such as the clock-in record and work permit of the company, and promptly initiate labor mediation, arbitration and litigation, which can effectively protect their legitimate rights and interests.
There is a record of clocking in.
Then you can file labor mediation, arbitration and litigation in a timely manner, and you can effectively protect your legitimate rights and interests.
How to initiate arbitration.
1. Submission of a Statement of Claim for ArbitrationThe submission of an Arbitration Application must be made in writing, which is expressly provided for in the arbitration legislation of various countries. The requirements of various arbitration institutions on the content of the application for arbitration are varied, and the usual standards should include the following changes: the names and addresses of the claimant and the respondent; the matters to be arbitrated, the reasons and basis for the claim; appointed arbitrators; Signature and seal of the applicant or the person authorized by him/her; Attached is written evidence of the type.
Generally, the application for adjudication shall specify the following matters: 1The names and addresses of the applicant and the respondent (if there is a zip code, **, telex, fax, telegram number or other means of telecommunication and verification, it should also be indicated); 2.
the arbitration agreement on which the claimant relied; 3.the facts of the case and the main points of contention; 4.The applicant's request and the facts and reasons on which it is based.
If a lawyer has been retained at the time of applying for arbitration, a power of attorney shall be submitted. The power of attorney should specify the authority and duration of the lawyer.
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Summary. Hello, the way to ask for wages without paying wages for 2 days of probation is as follows: complain to the Labor Bureau, or apply for arbitration.
If the employee is dismissed without payment of wages after two days of probationary work, the employee can ask for it through the following methods: negotiate with the employer; Apply for mediation to the labor dispute mediation organization; Apply to the Labor Dispute Arbitration Commission for arbitration; Seek help from trade unions; lodge a complaint with the labor administrative department; request a payment order from the people's court; Other.
Hello, the way to ask for wages without paying wages for 2 days of probation is as follows: complain to the Labor Bureau, or apply for arbitration. If the employee is dismissed after two days of probationary work, the worker can ask for it in the following ways:
Nehonghe negotiates with the employer; Apply for mediation to the labor dispute mediation organization; Apply to the Labor Dispute Arbitration Commission for arbitration; Seek help from trade unions; lodge a complaint with the labor administrative department; request a payment order from the people's court; Other.
Legal basis: In the event of a labor dispute in the event of a labor dispute in the event of a labor dispute arising from the People's Republic of China's Hail League and the People's Republic of China, the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; A person who is dissatisfied with the arbitral award may file a lawsuit with the people's court, except as otherwise provided in this Law or in the case.
Dear, is there any evidence that the other party refuses to pay you for the job trial? Do you have a certificate of employment relationship?
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1. Negotiate and settle. 2. Report to the labor administrative department (usually the labor inspection brigade of the district where the unit is located.) If the company fails to pay the employee's wages on time, the employee may terminate the labor contract at any time and immediately require the company to pay the employee's arrears of wages and 25% of the arrears of wages as economic compensation.
3. You can also apply for arbitration directly. 4.If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.
1. What should I do if I resign during the probation period and do not pay my salary?
1. Negotiate and settle.
2. Report to the labor administrative department (usually the labor inspection brigade of the district where the unit is located.)
If the company fails to pay the employee's wages on time, the employee may terminate the labor contract at any time and immediately require the company to pay the employee's arrears of wages and 25% of the arrears of wages as economic compensation.
3. You can also apply for arbitration directly.
First of all, you need to confirm the facts of the employment relationship with the employer. Second, after the labor relationship is confirmed, the employer can be required to pay back social insurance and wages. Third, the employer shall notify the employee one month in advance when terminating the labor contract, otherwise it shall pay one month's severance as a payment in lieu of payment.
Fourth, if a written labor contract is not signed, double wages shall be paid, and a written labor contract shall be signed within one month from the date of employment. Fifth, if an employer illegally terminates a labor contract, it may claim economic compensation, which is twice the amount of economic compensation. It is recommended to collect relevant evidence in a timely manner and apply to the local labor arbitration department for labor arbitration in accordance with the law.
4.If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.
Although the employee resigns during the probationary period, if he actually works for the employer, the employer should pay him the corresponding salary. Failure to pay wages is illegal, and the worker may file a complaint with the supervision department on this basis and demand that the employer pay his or her legal remuneration.
2. Is there any salary for resignation during the probationary period?
Article 37 of the Labor Contract Law stipulates that an employee may terminate an employment contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer 3 days in advance during the probationary period.
Article 9 of the Interim Provisions on Payment of Wages stipulates that when both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.
Therefore, during the probationary period, as long as the employee notifies the employer three days in advance, the employee can terminate the employment contract with the employer, and the employer shall pay the employee's wages in a lump sum when terminating the employment contract.
As long as the employee has actually provided labor, then at the time of resignation, the employer shall pay the employee the corresponding salary and remuneration in accordance with the agreement and in light of the actual situation. However, from the actual situation, the general resignation salary is often paid according to the time when the unit pays the salary every month, and it is rare to settle the salary on the spot when resigning.
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Legal analysis: It is a violation of the law for the company to stipulate that resignation during the probation period will not be paid salary. As long as the worker provides normal work, the employer shall pay the labor matching and sales funds in full and in a timely manner.
Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the worker himself on a monthly basis in the form of money. No deduction or unjustified arrears of wages shall be made to workers.
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Legal analysis: The company's stipulation that resignation during the probation period will not be paid is a violation of the law by Biwu. Wages are the remuneration that the employee receives for the labor provided, and as long as the employee provides normal labor, the employer shall pay the wages in full and in a timely manner.
Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the worker himself in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
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