-
1. You can apply for labor arbitration and require the employer to pay your arrears of wages, deposits, economic compensation, double wages for 4 months without signing a labor contract, and social insurance. No moral compensation. Counting from the time you leave your job, the statute of limitations for labor arbitration is one year!
2. In labor disputes, it is key to have evidence to prove the labor relationship, such as work permit or work card (preferably stamped with the official seal), salary card transaction records, salary slips, tooling with the name of the company, individual income tax payment certificate printed and stamped by the local taxation bureau, temporary residence permit handled by the employer for you, attendance records, social insurance payment records, work orders, colleague testimonies (resigned and in-service can be used), audio and video recordings or other written materials with your name and official seal or the boss's signature, etc.; Of course, it is possible to apply for labor arbitration without evidence, but there is a risk of losing the lawsuit;
3. When applying for labor arbitration, you need to bring the arbitration application, a copy of your ID card, relevant evidence, and a copy of the employer's business registration information or business license (registration information is not required in Beijing)! After the case is filed, **, and then mediated, and the arbitration committee fails to issue an award if the mediation fails;
4. If you ask professionals for guidance, you can handle the labor case by yourself, and you can win the case as well, and the labor arbitration commission does not charge any fees. During the application for labor arbitration, you will not be delayed to work in the new unit!
5. Legal basis: Article 2 of the Labor Dispute Mediation and Arbitration Law and Article 1 of the Labor Contract Law!
-
1. If you do not sign the labor contract because of your reasons, if the employer can provide corresponding evidence, it will not compensate you.
2.If the employer does not let you sign the contract, you will be compensated for double your salary, calculated according to your actual salary of 800 yuan, and there is also an economic compensation for the termination of the labor relationship, which is half a month's salary for you.
3.Regarding insurance, if you can make up the payment, the unit has to make up the payment, if not, the compensation unit should pay you the insurance premium, the specific amount I depend on the type of insurance, you did not provide information on the nature of the account, so the amount of compensation can not be determined.
4.The Labor Department will not entertain your request for moral damages.
This is outside the scope of labor disputes.
-
If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If the employee does not conclude a written labor contract with the employer within one month from the date of employment, the employer shall notify the employee in writing to terminate the labor relationship, and shall not pay economic compensation to the employee, but shall pay the employee the labor remuneration for his actual working time in accordance with the law. After the expiration of the labor contract, if the employee is still working for the employer, and the employer does not conclude a written labor contract with the employee for more than one month, it shall pay the employee double wages in accordance with Article 82 of the Labor Contract Law, and if the employee does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law.
If the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it shall pay the employee twice the monthly salary from the day after the expiration of one month from the date of employment to the day before the expiration of one year, and shall be deemed to have concluded an indefinite labor contract with the employee on the day after the expiration of one year from the date of employment, and shall immediately conclude a written labor contract with the employee. Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China provides that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee 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.
-
Legal analysis: severance can be claimed, and it is recommended to cite Article 38, Paragraph 3 of the Labor Contract Law to notify the employer in writing to terminate the labor relationship, and calculate the severance in accordance with Article 1. It is possible to claim severance payments equivalent to one month's average wage.
Legal basis: Article 502 of the Civil Code of the People's Republic of China A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.
In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.
Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.
-
Claim for the company's failure to buy social insurance and sign the contract in the following ways: the employee can unilaterally terminate the labor contract and demand economic compensation. According to the laws of the People's Republic of China, if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.
If the employer violates the regulations by not entering into 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 be concluded.
Further information: As long as the labor contract is not signed in accordance with the law, the employee shall be paid double wages, and the employer shall pay economic compensation to the employee if the employer proposes to terminate the labor contract and reaches an agreement with the employee through consultation. In other words, if the two parties terminate the employment contract without consensus, the employer must pay severance payments.
If the employer proposes to terminate the labor contract and the two parties reach an agreement to terminate the labor contract, the employer shall pay economic compensation to the employee. If the employee proposes to terminate the labor contract and both parties reach an agreement through consultation, the employer shall not pay economic compensation.
To establish a labor relationship, a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. From the date of the employee's employment, a de facto employment relationship has been established with the employer.
As long as the worker provides labor during normal working hours, the employer must pay labor remuneration.
If the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.
If the company does not sign a labor contract for a long time and does not pay social security to employees, employees can unilaterally resign or go to the court to sue, but they need to go to the arbitration institution to apply for labor arbitration first, and disputes caused by labor disputes must first apply for labor arbitration before they can go to the court to file a lawsuit. If there is an employment relationship and the labor contract is not signed in accordance with the law, it is necessary to pay double wages to the employee.
Social insurance refers to a social and economic system that provides income or compensation to people who are incapacitated, temporarily unemployed, or have lost their jobs due to health reasons. The main items of social insurance include endowment insurance, medical insurance, unemployment insurance, work-related injury insurance, and maternity insurance.
The social insurance program is organized by **, forcing a certain group to form social insurance ** as a part of its income as a social insurance tax (fee), and under the condition of meeting certain conditions, the insured can receive a fixed income or loss compensation from **, it is a redistribution system, its goal is to ensure the reproduction of material and labor force and social stability.
-
Legal analysis: Under normal circumstances, if the company does not sign a contract and does not pay insurance, it must sign a labor contract within one month from the date of employment and pay the insurance. If the company fails to sign a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.
Economic compensation shall be paid according to the number of years of service of the worker, and one month's salary shall be paid for every full year. If it is more than 6 months but less than 1 year, it will be counted as 1 year. For less than 6 months, employees will receive half a month's salary as compensation.
The severance compensation shall be paid to the employee according to the number of years the worker 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.
Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China stipulates that economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of 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.
Initiating arbitration. 1.Overtime pay can be requested. Holidays should be 3 times. >>>More
Hello, The core of the application is to express your wishes and make a request (not too long, just make your request clear, too long will be counterproductive) The writing format of the application is generally fixed, and its content mainly includes five parts: title, title, body, ending, and payment. (1) Title The application form is generally composed of the content of the application and the name of the language. >>>More
There is no employment contract. Double pay can be applied. Proof of attendance is required. >>>More
It is legal for the company not to sign the labor contract, because you do not have the main qualification of the labor contract law (not a worker), and your relationship is still in school, but as an internship, the company should sign an internship (apprenticeship) agreement with you, clearly agree on the content of the internship, etc., it is recommended to talk to the company and sign the agreement first! After you officially graduate, the company should sign a labor contract with you and pay social insurance! If your internship is different from what you said at the beginning, then you can go to court to sue!
Hello: 1. "Is this kind of contract legal?" "It should be legal. "The company will pay the salary directly into the personal account. "It is advisable to keep your salary card, which is a key piece of evidence to determine your salary and years of service. >>>More