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    Is There No Contract To Stop The Boss?

    2015/6/20 14:05:00 39

    ContractBossLitigation

    I worked in a unit for half a year. There is nothing in contract and insurance, that means 2500 yuan in wages.

    My boss always thinks I'm slow and I want to fire me.

    I said, if I really don't want to use me, I will leave if I give some compensation.

    At that time, the boss did not say anything. Who expected the salary to be paid this month, the boss said you could leave.

    I asked for compensation, and the boss said he didn't deduct my salary.

    The villagers say that the business is wrong, but the problem is that there is no contract heard and not accepted, and he is contracting other people's business.

    Now I don't know how to safeguard my rights and interests, so I would like to trouble you for directions.

    First of all, it is clear that illegal employment of units is mainly caused by not signing contracts, failing to pay social security, and dismissal at will.

    Secondly, for such illegal activities, employees can not be helpless because they have not signed a labor contract.

    The interpretation of the Supreme People's Court on Several Issues concerning the application of law in labor dispute cases stipulates that the following disputes between the laborers and the employing units belong to the labor disputes stipulated in the second article of the labor law. If the parties concerned are not satisfied with the decisions made by the labor dispute arbitration committee and prosecute the people's courts according to law, the people's court shall accept the disputes between the laborers and the employing units in the process of performing the labor contract.

    If labor disputes

    Board of arbitration

    Where a party's application for arbitration is not a labour dispute, a written decision, decision or notice is not accepted, and if the party refuses to obey the law to bring a suit in a people's court, the people's court shall handle it separately.

    Labor dispute

    Other cases that belong to the people's court shall be accepted according to law.

    Thirdly, the main body of the application for arbitration is that the labor dispute arbitration committee shall make written decisions, decisions or notices which refuse to accept the case on the grounds of the malpractice of the principal applying for arbitration. If the parties concerned refuse to obey the law and bring a suit to the people's court, they will refuse to accept the case or refuse to prosecute if the examination does not belong to the main body.

    The contract between the employer and other equal subjects.

    Operation period

    If there is a labor dispute with the employer or the contractor or the party concerned, the prosecution and the employer shall be the parties concerned.

    Finally, the employer shall bear the burden of proof as a result of the labor dispute which has been decided by the employer, such as expulsion, delisting, dismissal, rescission of labor contract, reduction of labor remuneration, and calculation of the working life of workers.

    According to the provisions of the judicial interpretation, you can completely tell me that I am worried about whether the evidence of your actual labor relationship is sufficient. If you do not have enough evidence or evidence, you will lose your mind if you meet your boss.

    So, in the first place, you should quickly collect evidence of labor relations, so as to form evidence chain.

    For example, wage slips, work cards, witness testimony, dispatch sheet, pass card and so on can directly prove that you are the documentary evidence, audio and video data of the company's employees.


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