I can only tell you that if your situation is handled in strict accordance with the labor law, the company should at least compensate you for (3+9)= 12 months' basic salary. 1. The company must give a written notice one month in advance for layoffs, or it can be changed to compensation of 1~3 months' basic salary (1 month during the probation period and 3 months after the probation period). Second, if the company does not establish a labor contract with you for more than one year, it will violate the labor law. According to the compensation method of the Labor Law, the party concerned will pay twice the basic salary every month from the second month of working in the company. So according to your situation, the company will compensate you 12 months' basic salary.
Let me talk about your doubts first. How can you prove that you worked in this company without a contract? First, you have a social security card. As long as the company helps you pay social security, there are records and payslips. Don't worry.
Tell me about the specific practice.
1. After completing your resignation and confirming that the company has not made any compensation for you or the compensation amount is insufficient, ask the relevant leaders of the company (preferably the boss) for compensation orally. Enter 2 after failure or delay. For the record, leaving your job is not a big problem for your case. According to the labor law, you can appeal to the original employer within 3 months after leaving your job. According to past experience, if you don't leave, the problem may be even bigger. This company may not fire you. When you propose to terminate the contract, you can either leave or work for another month. Think about how horrible it is and suppress it everywhere. If you have concerns, you can seek compensation from relevant leaders first. If not, you can ask, but don't tear your face. You must pay attention to this when you are still working in the company. )
2. Fill in the relevant complaint form at the labor bureau and bring your ID card and social security card (in Shenzhen, you only need your ID card, and nothing else is needed. As long as there are paychecks (it doesn't matter how much), this step is unnecessary. Keep them. It may be useful to calculate the basic salary later. After filling out the form, the labor bureau will tell you to come back one day and give you a letter. The main content of the letter is to ask the relevant person in charge of the company to come to the labor bureau to discuss the compensation with you face to face on one day (usually within 5 working days of your complaint). Please take it to the relevant person in charge of the company and take it to the company. If you can't find the person in charge, you can take it to the front desk.
3. Consultation day. There will be two situations: the company representative came and didn't come. If you come, you can negotiate. If there is consultation, it will be easy. This can be solved as soon as possible.
Didn't come (this question will be addressed to by going up one flight of stairs)
The staff of the labor bureau will call the company and suggest sending someone over. If the company ignores it, then give up the negotiation, and the Labor Bureau will continue to let you fill out the form and apply for labor arbitration. Then all you have to do is wait for the arbitration result of the labor bureau, which will take some time to see the efficiency of the local labor bureau (five working days here in Shenzhen). The result will definitely be judged in strict accordance with the labor law. When the results are obtained, the Labor Bureau will inform you and the company representative to sign in the past (that is, ask both parties if they have any objections to the judgment). If the company has representatives, you can wait for the company to lose money. If you don't go, the labor bureau will write to the company and ask them to make relevant compensation within one month. All you have to do at this time is wait. After a month, the company still didn't give a reply, and then went to the labor bureau.
This time, the problem will rise to a higher level, and the labor bureau will help you apply for a lawyer and file a lawsuit with the company. It is particularly important to note that since 20 10, lawyers who apply for the agency of the labor bureau are free.
The whole process of lz above does not cost money, but it takes time.
It should be noted that the labor bureau always plays the role of mediation in this process. This must be clear. Mediation means that both sides have to make concessions. Therefore, if LZ only requires 1~3 months of basic salary compensation, it will be solved faster. If you ask for full compensation, you must make long-term psychological preparations. Be patient.
Say a few more words, LZ should be mentally prepared. If you have to find trouble with the labor bureau, it is not the attitude of the labor bureau (that is the attitude of state organs and units towards ordinary people) but the efficiency of the labor bureau. If they procrastinate again and again, they are grinding your patience, because the longer they procrastinate, the worse it will be for you, and it will be difficult to find the next job until this matter is solved. . If you give up, they won't have to bother. Of course, if the starting point of car-scrapping is to tell the end, they will still go through the process, but it is hard to say when.
These are not good, but the efficiency of Shenzhen Labor Bureau is different, and the efficiency inside the customs is higher than that outside the customs. It will also vary from person to person. The more prepared people are, the less likely they are to be fooled by the labor bureau. If you make some questions clear before you go, you don't need to ask more questions. If you ask, civil servants may fool you. Last year, a little sister also went to the labor bureau because of a labor dispute. She consulted me before going and told me all the relevant statements. This result may be more honest for Miss Sister. After going there to talk about the situation, she asked if the claim could be successful. As a result, the irresponsible civil servant estimated that she had never read the labor law and said, definitely not. You didn't even sign the contract, but you didn't have proof of working in that factory. Don't accept a word. ~ ~ ~ ~ wordy.
The latest labor law documents can be found online. LZ is strongly advised to read them and get ready.