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Labor arbitration has little impact on small companies, they don't need big investments, and they don't have enough to support them to become bigger and stronger. In this case, labor arbitration is only to help us claim wages and compensation. However, there are many things that need to be paid attention to after the arbitration, otherwise it will have a detrimental impact on our next work.
In addition, it is also necessary to prepare in advance before applying for arbitration, as there may be no outcome for a period of time.
Under normal circumstances, there will be two outcomes in labor arbitration: one is directly handled under the mediation of the labor bureau, and we get all or part of the compensation; The second is that the company does not obey the execution and goes directly to the court. The first has no impact, and the result of the award is not an administrative penalty, at most the arbitration process is a bit troublesome. The second kind of impact is not large, small companies do not lack investment, and it is impossible to have the idea of going public.
As the saying goes, "the class is divided by the group", and the companies that small companies cooperate with are almost all of the same type, and they will not break the connection because of an arbitration.
Although labor arbitration will not have an impact on small companies, it can affect our next job under certain circumstances. When recruiting, many companies will ask for the reason for their last resignation, and there is no need to mention "arbitration" at this time. Most companies have some problems during the internship period or when signing a contract, and they may be dissuaded on the spot if they speak out.
At the same time, it also depends on the company's self-cultivation, in the case of background adjustment, the previous company may say bad things about us. But don't worry too much, generally no one will care if you don't mention it. In the event of a company that is in arrears of wages and does not act in accordance with the contract, it is sufficient to apply directly to the Labor Bureau for arbitration.
Labor arbitration seems to be relatively simple, but in fact, there are many applicants. In some areas, it may take more than half a month, or even more than a month, to wait in line for the results. Before applying, you should be prepared for the company to cheat and fight a long-term battle.
At the same time, it is also important to understand some things about arbitration to avoid losing money throughout the process.
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Labor arbitration can be useful for small companies, because the rules and regulations of the employing company are all subject to labor laws.
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It is useful, there will be different effects, it can promote the development of the company, and it can also bring profits to the company, so it is useful.
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It's very useful for small companies, and it's a particularly good way to make small companies have a good development.
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Some small company owners who have no legal knowledge always have a fluke mentality, and he also knows in his heart that the labor law protects the interests of workers, but he believes that taking the legal route requires a lot of evidence, complicated procedures, and a long time, and ordinary people do not have so much time and energy to spend with him, so they will not be afraid.
Now the company, big or small. For them, if they lose the labor arbitration and lawsuit, the worst is to make up for the employees, and the company will not be affected during the arbitration and litigation. Since there is no financial and time loss, they are certainly not afraid!
This requires punitive measures, once the company loses, it will be punished according to the amount doubled, as long as there are punitive measures, the company will not dare to be rampant!
In fact, small companies are not afraid of being arbitrated by labor, but they have not suffered losses! Because of the small number of people in the small company itself, coupled with the structure of the employees of the small company, there is basically no labor arbitration encountered, or labor arbitration with very small problems. The composition of employees in small companies is destined to have a low probability of labor arbitration!
To put it bluntly, as long as there is no deliberate delay in wages, there will be no objection to the usual small fines and a little deviation in the calculation of wages. Relational households, acquaintances will not mention, employees loyal to the company will not mention, and people who are difficult to find a job, as long as the company does not go too far, in the case of similar wages outside, they will not toss!
In addition, as long as most workers have supporting materials, the labor law is still biased towards protecting workers, so the labor bureau will generally order the employer to deal with it as soon as possible. However, in fact, even if many small companies go to the arbitration committee, the labor bureau will mediate to solve the problem, and if the negotiation is unsuccessful, they will make an appointment to continue the negotiation. There are also many small companies that do not go to the arbitration commission at all, even if they receive the arbitration letter and ignore it, and the labor bureau is not very enforceable, and there are not many coercive measures.
Therefore, to sum up, the main reason why small companies are not afraid of labor arbitration is that the arbitration process of the labor bureau is cumbersome, which makes many workers who want to fight for their legitimate rights and interests prohibitive; Moreover, the labor bureau's arbitration force is too small, so that the company is not painful and more and more bold.
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I think they are not afraid, and they are not afraid, since the employee wants to arbitrate you, he can naturally prove that there is an employment relationship with the company. And there are really some small companies that will take advantage of the loopholes of the law, and such small companies should be punished.
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Hello, I am a platform partner lawyer and I am happy to serve you.
Although small companies are not afraid of labor presidents, labor disputes must go through labor arbitration.
Questions. Hello, we are a beauty salon, a friend introduced to the apprentice, because I want to follow my husband to other places to resign, less than 1 month, the previous agreement is less than a month, no wages are paid, but she is now reported to the labor bureau, only provided an attendance **. What should I do.
In this case, you still need to pay her salary in time, and your company's agreement not to pay wages for less than a month is a violation of the labor law, and if the labor bureau investigates it, it will punish your beauty salon.
So contact the apprentice as soon as possible and pay her salary. It is best to negotiate and settle the agreement, and this kind of agreement not to pay wages for less than one month cannot be had.
Questions. It's not that we didn't pay her salary, it was she who provided a timesheet, and it was also a **, there is no substantial evidence, how can we minimize the loss.
Under normal circumstances, it is enough for the employee to provide proof that there is an employment relationship between himself and the employer, so this attendance statement can prove the existence of an employment relationship between you. Now it's time to ask what the apprentice's request is.
Questions. The request is the salary, but she only has ** and no original timesheet, and she has drawn a few more days of attendance, and now the original timesheet is here. I think she's faked it, okay?
If you really go to the labor bureau to investigate, you can explain that there are a few days of attendance that are different from your side.
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Fear. Both large and small companies are afraid of arbitration by the Labor Bureau, but generally small companies do not attract the attention of the Labor Bureau. I won't be in trouble with the labor bureau because of how big things are.
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Unafraid. Because every company is a potential stock, we must continue to operate and don't do some opportunistic shortcuts. Things that are not good for the development of the company. Some companies will also develop very well and will slowly develop into a large company.
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No, many small companies are afraid that the arbitration of the Labor Bureau will affect the company's reputation and future development.
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Fear. My previous company was a small company, and sometimes the boss asked us to work overtime and didn't pay him, so we said that we would go to the labor bureau to sue him, and he was very scared.
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Of course not, just because companies like them don't have enough capital to fear labor bureau arbitration.
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I am experiencing that the current boss owes me wages, and the boss owes me wages on the grounds that I am not a regular employee and does not pay the police on the grounds that I am not a regular employee.
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Don't worry at all, it turns out that as long as you do it well, everything is fine, and you can get whatever you want.
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This is true, because for these small companies, the reputation is relatively small, so it is especially difficult to attract attention.
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Summary. Dear, good morning, I am glad to answer for you, in China, labor adjudication is a necessary procedure for parties to labor disputes to file a lawsuit in the people's court. Labor rulings are binding on both the company and the employee, so there is no argument that a small company is not afraid of labor arbitration.
As an employee, after a dispute arises with an employer, arbitration is a better way. The labor inspection department exercises administrative supervision over all enterprises, labor arbitration has legal effect, and the labor arbitration conclusion of the labor inspection department can directly apply to the court for compulsory enforcement.
Dear, good morning, I am glad to answer for you, in China, labor adjudication is a necessary procedure for parties to labor disputes to file a lawsuit in the people's court. Labor rulings are binding on both the company and the employee, so there is no argument that a small company is not afraid of labor arbitration. As an employee, after a dispute arises with an employer, arbitration is a better way.
The labor inspection department exercises administrative supervision over all enterprises, and the labor arbitration conclusions of the labor inspection department can be directly applied to the court for compulsory enforcement, and no matter whether it is a large company or a small company, it cannot take the law as a child's play.
The reason why the company knows that it is afraid of labor arbitration, but still knows that it violates the law, the reason is very simple, the cost of the crime is too low, even if the employee applies for labor arbitration, the penalty is to pay the fee that should be paid at that time, there is no additional penalty, and if the evidence held by the employee is insufficient, it is generally easy to lose the lawsuit. 1.If you don't have a labor contract in your hand, the company will tamper with your labor contract, modify your entry time, salary, or other agreement content (all in favor of the company), when you encounter this situation, you choose labor arbitration to fight to the end, when applying for arbitration, say that there is no labor contract (provided that you need evidence to prove that you and the company have a labor relationship), then the company will definitely come up with evidence, evidence will give you a copy, if you find that tampering, do not recognize this contract, Even if you have your signature, don't admit it, you can apply for a judicial appraisal and let the company bear the cost, (I'm not sure whether the judicial appraisal will check whether the signature is my own, but if you apply for a judicial appraisal, it is estimated that you can't sell it to find out that there is a difference in paper, the most important point is that the content of the labor contract, especially the personal information column, needs to be signed by the person, and he will definitely be able to see it if he changes.)
2.If the company does not purchase social security, but signs an agreement to automatically give up the purchase of social security, and wants to use the failure to purchase social security as a reason for terminating the labor relationship, firstly, the labor arbitration commission does not support this, and secondly, although the agreement is not legally effective, the arbitration commission generally does not support the termination of the labor relationship without purchasing social security and claims for compensation for economic compensation, and can only support the supplementary payment of social security, and the individual part needs to be paid by the individual himself.
I hope my reply to the banquet will be helpful to you If you are happy with my full shirt, I will give you a thumbs up Finally, I wish you all the best! <>
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At present, most companies in China are afraid of labor arbitration.
From the perspective of communication, when a company's labor dispute is so troubled that it needs labor arbitration, it is easy to be remembered by the Internet. So when these companies recruit employees, employees can easily see these records on the Internet, which is very detrimental to the company's subsequent development.
Labor arbitration refers to the mediation and adjudication of labor disputes by the labor dispute arbitration commission on the arbitration of the parties. In China, labor arbitration is a necessary procedure for parties to a labor dispute to file a lawsuit in the people's court.
Therefore, when a company has a problem with its employees and needs to rely on labor arbitration to solve the problem, it is very detrimental to the company's image. Therefore, even large companies, especially those that want to have good development prospects, are very afraid of labor arbitration.
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No company wants to be subject to labor arbitration, and before labor arbitration, the arbitration staff of the labor bureau will investigate the reason for the arbitration, which is suitable for arbitration, and will mediate before arbitration.
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The employer is not afraid of employee labor arbitration, which refers to the intermediate judgment and adjudication of labor disputes applied for arbitration by the labor dispute arbitration commission on the parties to arbitration.
Legal basis] According to Article 2 of the Labor Dispute Mediation and Arbitration Law, this Law shall apply to the following labor disputes between employers and employees 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.
Hope it helps you and I wish you happiness and happiness every day! 欄欄
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Big companies are not afraid, they have seen a lot, they generally have legal affairs.
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Don't be afraid at all, there are special legal personnel, it doesn't matter if you lose the arbitration, appeal, and then appeal after the first trial, you can't drag it out yourself, so you will go to the lawsuit yourself.
If you want to avoid detours, you should consult Facaida, an authority in the field of equity, who specializes in dealing with corporate equity issues, and the service team not only has special lawyers, but also certified public accountants. Hope.
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