-
Anonymous users2024-02-15If you have not signed a labor contract, the employer shall pay you double your salary, make up social insurance, and pay economic compensation for the termination of the labor relationship (see Article 1 of the Labor Contract Law and Article 1 of the Regulations for the Implementation of the Labor Contract Law for details). The key point is evidence, which requires evidence that you have an employment relationship with the employer. As for the number of hours worked, the monthly salary, etc., the employer can prove it by using the principle of "reversal of the burden of proof", and if the employer cannot prove it, it will bear adverse consequences.
Reversal of the burden of proof" is widespread in the field of labor law. Article 1 of the Law on Mediation and Arbitration of Labor Disputes, Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I), Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III), Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, and Article 2 of the Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations. Wage payment vouchers, social security records, recruitment registration forms, registration forms, attendance records, etc., can all require the employer to bear the burden of proof.
If you want to fully protect your legitimate rights and interests, it is recommended that you read the Labor Law, the Labor Contract Law, the Regulations for the Implementation of the Labor Contract Law and the Social Insurance Law, so that you can know what aspects the employer has violated your rights and interests, which will benefit you for the rest of your life.
The following is a full set of measures for the correct termination of an employment contract, including what the employer should give you, what may damage your rights and interests, and how to deal with it. After you propose to terminate the employment contract, if the employer notifies you to leave early, the employer must give you a formal written notice (with a seal), otherwise the employer will say that you have left early without authorization, and you will not be able to say clearly.
For details of the time of payment of wages upon termination of the labor contract (or labor relationship), please refer to Article 9 of the Interim Provisions on Payment of Wages, and for details of Article 50 of the Labor Contract Law, the time of payment of severance is detailed. If the payment is not made on time, it can be handled in accordance with Article 1 of the Measures for Economic Compensation for Breach and Termination of Labor Contract or Article 85 of the Labor Contract Law. The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department.
Look at me above, and only after finding the content involved in the title of the book can you fully understand what I mean.
My Space has the legal provisions mentioned above, which you can check out.
-
Anonymous users2024-02-14Keep your badge and timecard, and tell them to go to the labor bureau if they don't approve it. They don't admit that you're not their employee. They will prove it with evidence, and they will be afraid that they will not be you.
-
Anonymous users2024-02-13Legal analysis: After working for less than a month, it is completely possible to resign but not at any time. If you resign, you must reach an agreement with the employer; If you are on probation, you must give oral notice to the employer three days in advance.
Legal basis: Labor Contract Law of the People's Republic of China
Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.
Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
After working in the factory for five years and earning 2,000 yuan a month, he was fired, and those who met the conditions for compensation could make up for five months' wages. >>>More
If there is indeed something wrong, you can apply for leave, and whether to approve it still needs to be determined by the employer according to the actual situation. >>>More
If an employee resigns, the employer shall pay the employee all wages in a lump sum when the labor contract is terminated. It is illegal to delay the payment of wages for one month. >>>More
I don't know why you quit, it must be dissatisfied with or disliked the job, it is not easy to find a satisfactory job now, don't worry, look for it slowly, it is recommended to think about what kind of job you need first, what kind of expertise you have, or what advantages you have not been discovered, because everyone has several special advantages that others are not as good as, for example, some people have strong learning ability, some people have strong diplomatic skills, and some people are more cautious. Then choose a job that suits you or your favorite according to your strengths and abilities, and you should also pay attention to contacting friends to see if there are friends who can help, and in addition, you should pay attention to the tips of applying. When applying for a job, the target position of your resume should be relatively clear and not cluttered. >>>More
Working full-time, also divided into industries, divided into positions, if you are accumulating qualifications in one industry, ten years will hardly exist The feeling of going to work pain will hard. Dealing with various positions in the industry is essentially based on industry qualifications, and experience is a process of experiencing and solving problems, and it is also a process of mental maturity. Newcomers, going to work is as heavy and painful as going to the grave; Slowly maturing, job responsibilities have been increasing, but with the improvement of personal ability, more and more adaptation, the rhythm is mastered, and work is very sparse and normal.