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The labor contract says that there is food and lodging, but in fact, there is no food during the eleventh period, so you can ask the boss of the unit for food.
If there are a large number of diners and the negotiation with the unit cannot be reached, you can call the local 1 23 45 to solve the problem.
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Is it that if the company doesn't care about food, you workers will have to go hungry, and even risk starving to death? The package in the contract is food and lodging, but when you are working, you are given a holiday, you don't work, and you still want to eat and live, isn't this a dream? The holiday is to let you do what you should do, do what you have to do, instead of sleeping in the factory.
It's the eleventh holiday, if it's an annual holiday, do you have to eat and lodging? Aren't you going home for the New Year?
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When I go to work, I have food and accommodation, but of course I don't have to eat during the holiday, and now you can go to a local restaurant to eat if you don't have anything to eat during the holiday. Because the cafeteria is also closed during the holiday, the problem of eating should be solved by yourself.
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I seriously doubt that you are the boss being questioned, and employees can take about three to four days off a month, right? Big brother or big sister don't have to eat during this period? Or do you have a wife, you just don't play, alas, that's watching?
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What about triple wages on holidays stipulated in the labor law? Therefore, the law stipulates that the implementation of each company is different, and it is impossible to implement all of them for you round and steady, which depends on what your company is like? , how much can you pay your salary, including food and shelter and not letting you go back?
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There are no mandatory provisions in labor laws and regulations in this regard, please carefully check whether there is a detailed provision in the contract.
Personally, I believe that food and lodging are due to work reasons, and food and lodging for non-work reasons should theoretically not be provided with food.
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Could it be that it refers to eating during working hours???
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Hello, more details, if you need help, call us.
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The labor law does not provide for it. But according to the practice of the factory, security, cleaning, and property industries, it is also possible to eat during vacations. Just don't take a long vacation. Generally, it is the captain's own rules below. You can complain.
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There is certainly no such provision in the labor code.
After the employee joins the company, his working time is calculated from the date of entry, regardless of how long the employee takes a break in between, only if the company does not dismiss and the employee himself does not leave, the employee's working time is calculated accordingly.
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Illegal of course. First of all, with regard to wage arrears, Article 30 of the Labor Contract Law stipulates that an employer shall pay labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract and state regulations. 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.
In addition, the holiday clause is a change in the content of the labor contract, in accordance with the provisions of the Labor Contract Law. Article 35 The employer and the worker may change the contents of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form.
The amended labor contract shall be held by the employer and the employee.
Therefore, the unilateral declaration of a holiday is invalid. In other words, if the two parties cannot reach an agreement on the change, the labor contract shall be terminated and severance shall be paid to the employee.
Referring to Article 17 of the Labor Contract Law, the employer shall participate in social insurance for the employee. Failure to pay social insurance is even more illegal, and you can report it to the social security center. The social security center deducts money directly from the unit, and the company may have secretly reduced the staff for you, or the account owes money.
You can go to Social Security to report it, or if you cancel the contract in the future, you can also claim compensation.
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You can resign on the grounds of non-payment of social security and ask for compensation according to the number of years of service, and if the negotiation fails, you can apply for a solution through the labor department to fight for your own rights and interests.
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The company may terminate the labor contract on the grounds that the company has not paid social security and arrears of labor remuneration, and has seriously violated the labor contract law, but it cannot resign, apply for labor dispute arbitration, demand for back payment of social security fees, pay wages for a long time, demand compensation according to the number of years of service, and compensation for violation of the labor contract.
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It is illegal for the company not to pay social security.
However, if the company only pays living expenses and is not lower than the local minimum wage, it is legal.
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What to maintain? The company's efficiency is poor, ** have money to pay? It's good to be able to maintain it, I'm the first boss to fire you, even if you complain, what's the use? If you don't have money, you don't have to talk about it!
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How to say, if you go to the labor bureau to protect your rights and interests, they may not take care of you at all, unless there are many people and make a big deal together, in one case, if the company cannot start work normally and the operation is in an abnormal state, the minimum wage cannot be guaranteed, and only living expenses are paid, which is also allowed by law. If you haven't been working in the company for a long time, you can find another job, or find a temporary worker first, but it's better to find another job!
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It can be reported to the local labor inspection department.
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There is no regulation on working hours, and the company can reasonably arrange working hours according to its own business status, which is in line with the labor law.
Only pay living expenses: You can check according to the signed contract, which is lower than the salary standard, or lower than the actual salary received in the first half of the year, which can be regarded as a disguised reduction in wages, disguised layoffs, and check whether your contract is a piecework wage or an hourly wage.
It is recommended that you spend money with the company now, do not turn against the company too early, and collect salary evidence for later use.
The company's current practices are in line with labor laws.
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This is of course not in accordance with labor laws.
You should consult a lawyer and go through the legal process normally.
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It was decided to make the following amendments to the "Measures for Holidays on National Festivals and Memorial Days":
Amend Article 2 to read: "A holiday for all citizens:."
1) New Year, 1 day off (January 1);
2) Spring Festival, 3 days off (Chinese New Year's Eve, the beginning of the first month.
1. 2nd year of junior high school);
3) Ching Ming Festival, 1 day off (on the day of Ching Ming in the lunar calendar);
4) Labor Day, 1 day off (May 1);
5) Dragon Boat Festival, 1 day off (on the day of the Dragon Boat Festival in the lunar calendar);
6) Mid-Autumn Festival, 1 day off (on the day of the Mid-Autumn Festival in the lunar calendar);
7) National Day, 3 days off (October 1, 2, 3). ”
In addition, changes have been made to the wording of individual provisions.
This decision shall come into force on January 1, 2008.
Measures for National Festivals and Memorial Day Holidays" shall be revised accordingly and re-promulgated in accordance with this decision.
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The Labor Contract Law does not stipulate holidays, and statutory holidays are governed by the National Annual Festivals and Memorial Days.
The "Holiday Measures" stipulates that the working hours shall be arranged by the "Provisions on the Working Hours of Employees", the holiday arrangements shall be arranged by the General Office of the People's Republic of China every year (in previous years, by the Holiday Office), and the wage payment methods for statutory holidays and rest days shall be stipulated by the "Labor Law".
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The labor law does not stipulate that factories should have food and lodging.
Whether the factory should provide food and accommodation conditions is a condition for the enterprise's independent welfare benefits, and the factory decides at its own discretion. The restrictions of the Labor Law on the benefits set by the employer are:
1. Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and fulfill labor obligations.
2. When formulating, revising or deciding on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, employee training, labor discipline and labor quota management, the employer shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing. This means that when an employer wants to cut the benefits offered to its employees, it will be constrained.
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No, it's actually included in the salary.
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There are no specific provisions, and the parties can write an agreement.
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If there is no statement in the ex-ante contract that it includes food and lodging, and the employee agrees to the company's provision of food and lodging afterwards, it can be deducted. It is not legal for the company to unilaterally force the deduction of fees. You can also use their job advertisements to find labor.
If you are mediated by an arbitration institution, you leave your job due to illness, and you have to subsidize living expenses according to the labor law, what company do you go to?
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This is a welfare, and if there is a written package for food and accommodation, you can.
If not, there is no way to do this.
Besides, with this amount of money, you can't go to court.
You can't win. It depends on the specifics of your contract, if there is a provision for food and accommodation, then you can win.
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Employees who need to take leave for personal or family reasons can take personal leave, which is unpaid leave, and personal leave is calculated in days or hours. The salary deduction standard for each day of personal leave is as follows: monthly basic salary days;The salary deduction standard for each hour of personal leave taken by an employee is:
Monthly basic pay is 8 hours a day.
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Labor law provisions on leave:
1. According to the provisions of the Notice of the Ministry of Labor on the Average Monthly Working Hours and Wage Conversion of Employees throughout the Year;
2. The average monthly working days and working hours of employees throughout the year are adjusted to days and hours respectively, and the average daily wage of employees can be converted accordingly.
3. With the approval of the company, employees can take unpaid personal leave, but no more than ten working days in one year;Personal leave of more than 5 days is requested in one week;
4. If the employee's personal leave exceeds the maximum period stipulated by the company, which affects the normal work of the company, the company will regard his or her voluntary resignation.
5. The salary deduction formula is (basic salary + subsidy) and the number of days of personal leave.
6. Personal leave (monthly calculation period: from the 18th of this month to the 17th of the next month): Any employee who takes personal leave will not have a full attendance bonus in this month;
7. For sick leave pay, the employer may agree with the employee in the contract, as long as it is not less than 80% of the local minimum wage.
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Personal leave: Employees who need to take leave for personal or family reasons can take personal leave, which is unpaid leave, and personal leave is calculated in days or hours.
The salary deduction standard for each day of personal leave is as follows: monthly basic salary days;
The salary deduction standard for each hour of personal leave is 8 hours per month basic salary.
In addition to the maternity leave uniformly stipulated by the state, the incentive maternity leave is generally stipulated in various places, and the duration of the rewarded maternity leave varies from place to place.
Article 20 of the Beijing Municipal Regulations on Population and Family Planning stipulates that in addition to the maternity leave stipulated by the state, female employees who give birth late shall be entitled to an additional 30 days of incentive leave, which can also be enjoyed by the man, and the basic salary shall not be reduced or the labor contract shall be terminated during the leave; If the employee does not take incentive leave, the reward shall be given according to the standard of the woman's basic salary of one month.
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If an employee takes personal leave during the working days of the system, the calculation of his daily wage shall be 70 of his monthly take-home salary under normal circumstances, divided by the number of days worked under the system per month. The deduction for the portion of his salary is calculated by multiplying the number of days he or she has taken personal leave by his daily wage.
The deduction of the bonus part shall be implemented in accordance with the provisions of the measures for the calculation and distribution of bonuses of the unit.
If an employee is sick and has been suspended from work for more than 6 months during the medical treatment period, his sick leave pay shall be calculated and paid according to the following methods:
1) If the continuous service is less than 10 years, it shall be paid at 60% of the employee's salary;
2) If the employee has worked continuously for 10 years but less than 20 years, he shall be paid 65% of his salary;
3) Those who have worked continuously for 20 years or more shall be paid 70% of their salary.
Article 6 Employees who were formerly national model workers, provincial (ministerial) level model workers, and units at or above the army level who have been awarded combat heroes or have been awarded first-class meritorious service and have always maintained their honors, shall be paid their wages during the period of sick leave.
Article 7 When an employee is sick and suspends work during the medical treatment period, the monthly sick leave salary shall not be less than 80% of the local minimum wage.
Article 8 If an employee is ill and is unable to resume work after the expiration of the medical treatment period or after the end of the medical treatment period, he or she shall be retired, retired, or dealt with at one time in accordance with the relevant regulations if he is found to be completely incapacitated by the labor appraisal committee at or above the county level. In the case of a majority or partial loss of working capacity, the enterprise may terminate the labor contract after the expiration of the medical treatment period and pay severance and medical subsidies in accordance with relevant regulations.
Article 9 Any person who commits fraud and gives a false certificate of sick leave shall be treated as absenteeism once it is verified.
Article 10 These provisions shall be interpreted by the municipal labor and social security administrative departments.
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