Ask the master of labor law to rescue! Labor Law Consultation Thank you!

Updated on society 2024-08-05
22 answers
  1. Anonymous users2024-02-15

    1. If you do not sign a labor contract, the employer shall pay double wages (up to 11 months) from the second month, and you can also claim severance if you are dismissed.

    2. You ask the boss to issue you a written dismissal letter (seal).

    3. If the negotiation fails, apply for labor arbitration directly to the local labor administrative department.

    4. The key is that you need evidence of an employment relationship with the employer. For example, tooling with the company's name, work card or work card (preferably stamped with the official seal), salary card, salary slip, attendance record, social insurance payment record, colleague testimony (resignation and employment are acceptable), audio and video recordings or other documents with your name and official seal, etc. (including the work card with the official seal, social insurance payment records, documents with your name and official seal, one is enough to prove the labor relationship).

  2. Anonymous users2024-02-14

    It's been more than a year since you joined the company and you were dismissed, and you didn't have a written employment contract. Therefore, you have formed an indefinite employment contract.

    You have the right to ask your employer to sign an indefinite employment contract with you, and to demand that you be paid double wages for not having a written contract.

    In addition, if the other party illegally terminates, you can ask the employer to pay you economic compensation.

  3. Anonymous users2024-02-13

    OK. One month's salary compensation can be claimed on the grounds that the contract has not been signed for more than one month.

  4. Anonymous users2024-02-12

    This is more troublesome, and it is estimated that it is not easy to do. During the probationary period, you are unlikely to apply for compensation without signing a contract.

  5. Anonymous users2024-02-11

    Generally speaking, labor dispatch companies rarely dismiss employees, and at most they will send you from one company to another, and the current legal constraints on labor dispatch are not bad. In the case of the above. It depends on how your contract was agreed at the time.

    If the salary paid is less than the salary agreed in the contract, you can demand that the salary be paid according to the contract. For more than a year, it is no longer possible to pursue it.

  6. Anonymous users2024-02-10

    1. If the employer has not signed a labor contract with you before December 31, 2011, you can claim double wages from the second month of employment (a certain date in July 2010) to one year. Legal basis: Article 82 of the Labor Contract Law.

    2. If you do not pay social insurance, you can claim that the employer will pay the social security for you from the date of employment, and the legal basis is: Article 17 of the Labor Contract Law, Articles 4, 58 and 86 of the Social Insurance Law.

    3. For the adjustment of positions, both parties shall negotiate and agree through negotiation and sign a supplementary agreement; You have already gone to work in the adjustment position, which can be regarded as your approval, but you should sign the agreement.

    4. If the employer does not make up the salary, you can submit a written notice of termination of the labor contract to the employer on the grounds that the employer has violated Article 38 (2) of the Labor Contract Law and fails to pay the labor remuneration in full and in a timely manner, and you may leave immediately and claim to pay economic compensation in accordance with the Labor Contract Law.

    5. The employer unilaterally terminates the labor contract under the following four circumstances:

    1) If the employee has the circumstance of Article 39 of the Labor Contract Law, the employer will terminate the labor contract without economic compensation.

    2) If the employer terminates the labor contract in accordance with Article 40 of the Labor Contract Law, it shall notify the employee in writing 30 days in advance or pay the employee one month's salary in lieu of notice, and pay economic compensation in accordance with Article 47 of the Labor Contract Law.

    3) If the employer terminates the labor contract in accordance with Article 41 of the Labor Contract Law, the procedure must comply with the provisions of Article 41 and pay economic compensation in accordance with the provisions of Article 47 of the Labor Contract Law.

    4) If the employer terminates the labor contract in violation of the Labor Contract Law, it shall pay compensation in accordance with Article 87 of the Labor Contract Law.

  7. Anonymous users2024-02-09

    Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

    1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

    2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

    3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

    4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

    5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

    6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

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

    Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

  8. Anonymous users2024-02-08

    This is not a serious disciplinary offense, and it is possible to claim 'four and a half months'*2 salary compensation. There is no 'termination notice payment'.

  9. Anonymous users2024-02-07

    Suspension without pay is not in accordance with the law.

    You can report your request to the relevant departments of the company, and if it cannot be resolved, you can apply for labor arbitration.

    However, you said that you did not ask for instructions in advance on a business trip, and I don't know what to do in your unit.

  10. Anonymous users2024-02-06

    There are two questions worth discussing: First, what is the basis for the company to terminate the employment contract with you during the term of the employment contract? If the company wants to terminate the employment contract with you because you are not qualified for the position, you should be trained or transferred, and you are still incompetent for the job.

    In this case, the company only transferred you out of your original position, but did not give you training or arrange another job, so the legality of the company's unilateral termination of the employment contract is debatable.

    Second, on the issue of economic compensation, according to the Labor Contract Law, the employer shall pay one month's severance for each year of service of the employee, one month for six months but less than one year, and half a month for less than six months, and you can calculate it according to your years of service. According to the law, if the company does not notify you one month in advance when terminating the labor contract, it can be replaced by one month's salary, that is, this month's salary is called notice in lieu of notice.

  11. Anonymous users2024-02-05

    If the company dismisses an employee, if it is terminated with notice, that is, 30 days' notice to the employee, the severance shall be continued according to the number of years of service. If the company terminates the employee without a valid reason, you can appeal through arbitration, and the company may face a penalty of double economic supplement. Therefore, my opinion is that you can calculate the Economic Supplement by 1 (notice period) +.

    Of course, provided that you are not leaving due to the termination of the contract. During the contract period, it is not allowed to suspend work without pay, and the labor contract is a relationship confirmed by both parties, and it is not a unilateral decision. It is recommended that you get the financial supplement and go to the adjudication committee to sue.

    Arbitration is free of charge.

  12. Anonymous users2024-02-04

    If the company unilaterally dismisses you, it should compensate you for four and a half months' salary, and if the company does not give you one month's notice to dismiss you, it will compensate you for one month's salary as wages in lieu of notice.

  13. Anonymous users2024-02-03

    OK. Four and a half months' compensation should be fine.

  14. Anonymous users2024-02-02

    1. The payment of social insurance is not a mandatory provision of the Labor Contract Law, but a provision of the Labor Law;

    2. If you fail to pay social insurance premiums, you can unilaterally terminate the labor contract and pay compensation at twice the economic compensation for the working years of the enterprise.

    Hello! Paying social insurance for workers is an obligation imposed on employers by law and is mandatory.

    If you pay social insurance for you, you can give one month's written notice to the employer to terminate the labor relationship, and the labor relationship between you will be terminated one month later. Then you can apply to the local labor arbitration institution for arbitration, ask the employer to pay social insurance for you, and pay you 3 months' salary. Since the employer has not signed an employment contract with you, you can also request the employer to pay you double the monthly salary from February 1, 2008 to the date of termination of the employment relationship.

  15. Anonymous users2024-02-01

    1. The company's dismissal is unreasonable.

    2. The company has no right to charge fees for any reason.

    3. You can get compensation, but you must have evidence to prove when you went to work there and what your monthly salary is. And how much did you pay for Yunsong Company. Then apply to the local labor arbitration commission for arbitration.

  16. Anonymous users2024-01-31

    These are two questions.

    First of all, if you do not sign a labor contract with the employee, you must pay the employee the corresponding compensation, double salary, depending on the month that the employee has not signed the contract, and the maximum employee can receive double salary for 11 months.

    Secondly, if the employee does not perform well, he can be dealt with in accordance with the company's rules and regulations, until the company is fired, what the company should do now is to collect evidence of the employee's violation of the company's rules and regulations, as for whether the employee reports it, then you have no control, unless you sign a contract with the employee now, and the validity period is written from the date the employee starts working. Do what you should do now, calculate the approximate compensation that needs to be paid, and then treat the employees how they should be treated, and you can't make unlimited concessions because the company made a mistake first, that is unfair, and everyone should pay for their mistakes!

  17. Anonymous users2024-01-30

    Article 17 of the Labor Law stipulates that the principles of equality, voluntariness and consensus shall be followed in the conclusion and modification of labor contracts.

  18. Anonymous users2024-01-29

    1. If your company has not signed a labor contract with the person for more than one year, in addition to bearing the double salary of the previous unsigned labor, it is also necessary to pay double the salary for an indefinite period after one year.

    2. If your company has the basis of the corresponding rules and regulations, and has the evidence of the corresponding serious violation of the rules and regulations, your company can notify the termination of the labor relationship at any time.

  19. Anonymous users2024-01-28

    Sign a labor contract with him right now, at least you can avoid double wages.

  20. Anonymous users2024-01-27

    There's nothing to say about compensating him and then firing him.

  21. Anonymous users2024-01-26

    Because the company was at fault first, the employee could only end the unpleasant cooperation with the company's economic loss. Due to the incompleteness of the information provided, it is analysed only for different situations.

    1. The issue of double wages. If the company does not sign a labor contract with the employee, it shall pay double wages from the next month to December from the date of employment, that is, double wages for 11 months.

    2. Labor contract issues. If an employee has worked for the company for one year, it is deemed that the two parties have signed an indefinite labor contract, and the basis for the termination of the labor contract between the company and the employee must be legal. Generally, it is based on the company's rules and regulations.

    3. Rules and regulations. First of all, the company's rules and regulations should be formulated legally and have been publicized to employees. Only such rules and regulations can be used as the legal basis for the company to deal with employees.

    In view of the above situation, I analyze that the legal effect of your company's rules and regulations may be insufficient, and the company can only terminate the labor relationship with the employee by illegal termination and pay compensation equivalent to twice the economic compensation.

  22. Anonymous users2024-01-25

    No, it is just necessary to compensate the other party for certain economic losses, and it is recommended to terminate the labor contract directly and compensate him for a certain amount of liquidated damages.

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