Did not sign the contract, was fired without pay. Can I have it back? If a worker fails to sign a labor contract with the employer and is dismissed by the employer, the employer will not pay his wages. As long as employees have evidence, they can get it back. If the employer refuses to pay, the laborer can look for evidence of labor relationship with the employer, such as: work permit or work permit (preferably with official seal), salary card transaction record, salary slip, tooling with company name printed on it, tax payment certificate printed and sealed by the local tax bureau, temporary residence permit, attendance record, social insurance payment record, work order, and colleague testimony (both for leaving and working). Audio, video or other written materials with employee's name and official seal or boss's signature. As long as it is proved that there is a labor relationship between the two parties, the laborer can apply for labor arbitration and ask the employer to pay double wages (from the second month of employment, at most 1 1 month) for the unsigned labor contract. The unpaid wages and compensation for illegal dismissal will start from the second month.
How to apply for labor arbitration;
1. Go to the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau (former Labor Bureau) to apply for labor arbitration. When filing a case, you must bring: two arbitration applications and a copy of the applicant's ID card 1 copy; Copies of relevant evidence and 2 copies of evidence list; Business registration information of the employer (Beijing does not need registration information).
2. After submitting the materials, the Arbitration Commission shall file a case within 5 working days, and then give both parties a period of proof and a period of defense; Then the court will open, and then mediate between you two. If mediation fails, the Arbitration Commission shall issue an award. Labor arbitration shall be closed within 60 days; If the employee refuses to accept the ruling, he can bring a lawsuit to the court;
3. During the application for labor arbitration, the laborer shall not delay to work in the new unit.
Article 82 of the Labor Contract Law of People's Republic of China (PRC) * * * 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 salary.
Where an employing unit violates the provisions of this Law and fails to conclude an open-ended labor contract with its employees, it shall pay the employees twice the monthly salary from the date when the open-ended labor contract should be concluded.
Regulations on the Implementation of the Labor Contract Law of the People's Republic of China
Article 6 Where an employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary in accordance with the provisions of Article 82 of the Labor Contract Law, and make up the written labor contract with the employee; If the employee fails to 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 the provisions of Article 47 of the Labor Contract Law.
As mentioned in the preceding paragraph, the starting time for the employer to pay the laborer twice the monthly salary is the day after the expiration of one month from the date of employment, and the ending time is the day before the conclusion of a written labor contract.
Article 7 Where an employing unit 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 according to the provisions of Article 82 of the Labor Contract Law from the day after the expiration of one month to the day before the expiration of one year from the date of employment, and the day after the expiration of one year from the date of employment shall be deemed to have concluded an open-ended labor contract with the employee, and it shall immediately conclude a written labor contract with the employee.
Article 50 of the Labor Law of People's Republic of China (PRC) * * * Wages shall be paid to the workers themselves on a monthly basis in the form of currency. The wages of workers shall not be deducted or delayed without reason.
"Interim Provisions on Payment of Wages" Article 18 Labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employing unit commits one of the following acts that infringe upon the legitimate rights and interests of workers, the labor administrative department shall order it to pay wages and economic compensation to the workers, and may order it to pay compensation:
(1) Deducting or delaying the wages of workers without reason;
(2) refusing to pay overtime wages to laborers;
(3) paying workers' wages below the local minimum wage standard.
The standards of economic compensation and compensation shall be implemented in accordance with the relevant provisions of the state.
Article 47 of the Labor Contract Law of People's Republic of China (PRC) * * * The economic compensation shall be paid according to the standard that the laborer pays one month's salary for each full year of working in this unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
If the monthly salary of a worker is three times higher than the average monthly salary of local workers published by the people of the municipality directly under the central government where the employer is located, the standard for paying economic compensation to the worker is three times the average monthly salary, and the longest period for paying economic compensation to the worker shall not exceed twelve years.
The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
Article 48 If the employer dissolves or terminates the labor contract in violation of the provisions of this Law, and the laborer requests to continue to perform the labor contract, the employer shall continue to perform it; If the laborer does not request to continue to perform the labor contract or the labor contract cannot be continued, the employer shall pay compensation in accordance with the provisions of Article 87 of this Law.
Article 87 Where an employing unit dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this Law.
If you don't sign the contract and agreement, can you get back the arrears of wages? If you don't sign a labor contract, you can ask for double salary and economic compensation if you resign.
In case of wage arrears, you can call 12333 to complain if you don't pay wages. This is the telephone number of the Human Resources and Social Security Bureau. You can also complain to the supervision brigade of the Labor Bureau.
China's labor contract law: to establish labor relations, a written labor contract should 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. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment. "If the employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary. Where an employing unit violates the provisions of this Law and fails to conclude an open-ended labor contract with its employees, it shall pay the employees twice the monthly salary from the date when the open-ended labor contract should be concluded.
Due to the company's failure to pay labor remuneration on time, the parties may apply for the dissolution of the labor contract and labor relationship and demand economic compensation. The parties may report to the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay the wages. If the labor inspection brigade fails to coordinate, the laborer may apply for labor arbitration.
Article 85 of the Labor Contract Law: In any of the following circumstances, the employer shall be ordered by the labor administrative department to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay compensation to the employee according to the standard of more than 50% 100% of the payable amount:
(1) Failing to pay workers' remuneration in full and on time in accordance with the stipulations of the labor contract or the provisions of the state;
(2) Paying workers' wages below the local minimum wage standard;
(3) Arranging overtime without paying overtime;
(four) the dissolution or termination of the labor contract, not in accordance with the provisions of this law to pay economic compensation to the workers.
I didn't quit my job. Can I get my salary back? I haven't signed the contract yet! Whether you resign or not, your salary must be paid in full and on time; If the employer refuses to pay, it can report to the labor inspection brigade. If you dismiss or resign, you can still go to the Labor Arbitration Commission for arbitration: first, pay the unpaid wages; second, double the unpaid wages (1 1 month); third, apply for social insurance!
A poem from the father to the child: Crying for his dead friend Fu Ping 70-30, indicating that the child chooses 19-50.
Modern Xue Qingping
In February, the east wind opened early, and the western suburbs patrolled to win.
Solitude is better than idle flowers and grass, and you are not allowed to roam among bees and butterflies.
Can I get my money back without signing the contract? You can ask the counterpart to pay labor remuneration on the grounds of the factual labor contract relationship, and prove that there are three elements that constitute the factual labor relationship:
First, both parties are legal workers, one is the employer and the other is the laborer;
Second, the rules and regulations of the employer are applicable to the workers, and the relationship between management and management is formed between the two parties, and the workers engage in paid elderly activities arranged by the employer;
Third, the labor provided by laborers is an integral part of the employer's business.
Can a father get the money back from his children? Let's discuss it with each other.
After all, they all belong to their own homes.
But legally,
Money that is already a gift is not refundable.
You don't sign a contract for renting a house, but can you get it back if you write an iou? It should be possible, as long as the name and time are clearly written, unless I meet a landlord with poor quality.
Can you get it back immediately after signing the contract? If the contract is legal, it is signed by both parties on the basis of equality and voluntariness, and you can't go back on your word after signing it. If you breach the contract, you will be liable for breach of contract or compensation. I suggest that everyone consult and communicate with each other.
-Lu Yun No.050 lawyer
Can I get my money back without signing a contract when I buy a house with a down payment? Down payment means that in order to ensure the performance of the debt, both parties agree that the other party will pay a certain amount of money in advance as a guarantee, and the amount of down payment shall be agreed by both parties, but it shall not exceed 20% of the amount of the subject matter of the main contract.
The deposit contract shall be in written form, and the time limit for delivery of the deposit shall be stipulated in the contract, and the deposit contract shall take effect from the date of actual delivery of the deposit.
After the debtor performs the debt, the deposit shall be offset, dispersed or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.