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Your time is very messy, 11 years have just begun, you are almost over, apply for arbitration.
Just go directly to the local labor department to fill out the labor application arbitration form.
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.
If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.
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Statement of Claim.
Legal Representative: Position:
Cause of action: (state the nature of the disputed case).
Request: (specific issues to be resolved by arbitration).
Facts & Reasons:
1. The origin, occurrence and development of the dispute between the parties.
2. The specific content and focus of the dispute between the parties.
3. Explain the responsibilities of the respondent in a factual manner.
Sincerely. Arbitration Commission.
Attached: 1. Evidence.
2. A copy of this application.
Complainant: YYYYYYYYYYYYYYYYYYYYYY
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Hurry up and arbitrate, according to the situation said, you can claim double wages, severance payments, social security, etc., I don't know where you are?
Nanjing complained relatively quickly.
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1. Terminate the labor contract.
Our response: The labor contract between the two parties has been terminated. However, it is necessary to find out as much as possible the written materials for the termination of the labor contract proposed by Liu before May this year that our unit signed the opinion agreeing to terminate the labor contract, so as to prove that the labor relationship between the two parties has been terminated by agreement.
Analysis of the adjudication result: the labor contract between the two parties was terminated.
2. Pay 6,000 yuan in economic compensation.
We respond: do not agree to pay. Rationale:
First, this case is an agreement between the two parties to terminate the labor contract and there is no need to pay economic compensation. Second, Liu had less than 5 years from his employment to his position before May 2011 (which may be counted as more than 5 years, but less than 6 years), and according to the provisions of the Labor Contract Law, he only needed to pay 2 and a half months' salary standard from January 1, 2008. Third, its salary standard is less than 1,000 yuan (we need to submit evidence to prove it).
Analysis of the ruling: 5 and a half months of wages were paid.
3. The compensation for failure to pay wages in time is 1,000 yuan.
Our response: Respond according to the evidence adduced by it.
Analysis of the ruling: If the applicant has evidence to prove that we have failed to pay wages in time, the applicant shall pay economic compensation equivalent to 25% of the salary remuneration in addition to the back salary.
Basis: Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts stipulates that if an employer deducts or defaults on the employee's wages without reason, or refuses to pay the employee wages and remuneration for extended working hours, in addition to paying the employee's wages and remuneration in full within the prescribed time, it shall also pay an additional economic compensation equivalent to 25% of the wages and remuneration.
4. Pay 2,800 yuan for the period when he is not scheduled to work.
Whether this request is valid depends on the determination of the time when both parties terminate the employment contract.
1. How to compensate the employer for terminating the labor relationship.
Compensation for termination of labor relations by the employer:
1. The severance payment for the termination of the labor contract shall be paid by the employer in a lump sum.
2. If the employer deducts or defaults on the wages of the workers without reason, or refuses to pay the wages and remunerations for the extended working hours of the workers, in addition to paying the wages and remunerations of the workers in full within the prescribed time, it shall also pay an additional economic compensation equivalent to 25% of the wages and remunerations.
3. If the wages and remuneration paid by the employer to the employee are lower than the local minimum wage, the employer shall pay an economic compensation equivalent to 25% of the lower part while making up the part that is lower than the standard.
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If you are studying labor law, it is better to do the topic yourself. If you are a laborer, it is more reliable for you to spend four or five hundred to find a lawyer to write.
How should I write an application correctly?
Legal analysis: apply in person, and the unit will assist in handling it. The following conditions must be met to apply for sick retirement: >>>More
How to write a dormitory administrator application.
You don't need to join the group.
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