The basis is: Article 9 of the Labor Contract Law: "The employer shall not detain the employee's resident identity card and other documents, and shall not require the employee to provide a guarantee or collect property from the employee in other names." .
2. If your friend just wants to get this deposit and deposit back, there is no need to hire a lawyer: just take the deposit certificate or deposit receipt to the local labor inspection brigade to report the case and ask for an investigation. If not, then file a labor arbitration. As long as there is evidence that the store has received a deposit or a deposit, it will win. Just do it yourself. The basis is: Article 84 of the Labor Contract Law: "If an employer violates the provisions of this law and detains the employee's resident identity card and other documents, the labor administrative department shall order it to be returned to the employee within a time limit and punish it in accordance with relevant laws and regulations.
Your friend has passed the probation period, and the company can no longer terminate the contract on the grounds that he does not meet the employment conditions. The labor contract can only be dissolved under the circumstances of your friend, otherwise it will be dissolved illegally:
(1) Article 39 of the Labor Contract Law: (2) Serious violation of the rules and regulations of the employer; (three) serious dereliction of duty, corruption, causing great damage to the unit; (four) the establishment of labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it; (five) the labor contract is invalid due to fraud and other circumstances; (6) Being investigated for criminal responsibility according to law.
(2) Article 40: (1) Being sick or injured non-work-related, and unable to engage in the original work or other work arranged by the employing unit after the prescribed medical treatment period expires; (2) Failing to be competent for the job, and still unable to be competent for the job after training or post adjustment; (3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the unit and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.
(3) Article 4 1 If it is necessary to reduce the number of employees by more than 20 or less, but it accounts for more than 10% of the total number of employees in the enterprise, the employing unit shall explain the situation to the trade union or all employees 30 days in advance, and may reduce the number of employees after listening to the opinions of the trade union or employees and reporting to the labor administrative department: (1) Carry out rectification in accordance with the provisions of the enterprise bankruptcy law; (two) serious difficulties in production and operation; (three) the enterprise has changed production, major technological innovation or adjustment of business mode, and it still needs to reduce staff after changing the labor contract; (4) Other major changes have taken place in the objective economic situation on which the labor contract was concluded, which makes it impossible to perform the labor contract.
4. As can be seen from the above terms, your friend's contract was illegally terminated by the company, and your friend has the right to request to continue to perform the contract, and the company shall perform it; If your friend doesn't want to continue to do it, he can ask for double economic compensation, that is, the salary for less than half a year, and double is one month's salary.
The basis is: Article 48: "If the employer terminates or terminates the labor contract in violation of the provisions of this Law, and the employee 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 compensate him in accordance with the provisions of Article 87 of this Law. " (Article 87 is double indemnity)
5. "How to protect your rights and interests? According to the labor law, there are clear provisions. Want to sue this store to win? " ;
(1) Labor disputes cannot be directly brought to court. Only those who apply to the labor department for labor arbitration, refuse to accept the arbitration award or refuse arbitration can bring a lawsuit to the court.
(2) First report to the Labor Inspection Brigade and ask for an investigation; if it is invalid, then file an arbitration with the Labor Arbitration Commission.
(3) It is necessary to fight for breath, and money is also necessary. If you have it, you must fight for it.
(4) Collect relevant evidence of her work in the store (employment certificate, employment certificate, salary slip, contract, deposit, deposit slip, etc.). ) and go to the labor department to defend rights.
6. Attorney fees vary from place to place. Generally, it is charged according to the percentage of the winning bid, but both parties are allowed to negotiate. The amount you ask is not big, and the lawyer's fee will not be much.