This unit is ruthless and shady enough to directly deny labor relations. My opinion is that you need to find a few more people to apply for labor arbitration together. The arbitration itself does not cost money. You can follow my instructions below, you don’t need to hire a lawyer, you can also do it yourself. How workers can protect their rights and interests. Workers are often bullied by unscrupulous employers. However, they do not understand the law and cannot afford a lawyer, so they do not know how to use legal weapons to protect their rights. As a lawyer, my purpose in writing this article is to tell you what rights workers have under the law, what options they have to protect their rights, and what you should do when you have to file a lawsuit. I hope this helps you, and I hope you abide by the law, protect your rights, and help others. 1. What rights do you have? The following are some basic rights of ordinary workers. If you are forced to file a lawsuit, here are some calculations that will help you. 1. You have the right to take annual leave or receive triple compensation. According to the employee annual leave regulations of the State Council, if your working experience (including working experience in other units) exceeds one year, even if you have just joined this unit, you are entitled to 5 days off every year. , the employer cannot deduct wages during these five days. If your company does not arrange a vacation for you by the end of the year, you can ask your company to pay you three times your daily salary as compensation for the 5 days of untaken annual leave. The calculation method is: (monthly salary/21.75)*5*3; if you resign If you have not taken your annual leave, you have the right to ask your employer to pay you the number of days of annual leave you should have enjoyed for the days you have worked this year. Simply put, you can take part of your annual leave because you don't work the entire year. Suppose you worked for 120 days this year (that is, until the end of April) and then resigned. The calculation method for your untaken annual leave is: (120/365)*5=1.64. The law stipulates that only the integer part is taken (rather than rounded), so the number of days you have untaken annual leave is 1 day. In addition, the monthly wage base for annual leave wages is only wages during normal hours, excluding overtime wages. Remember, you must claim compensation for untaken annual leave in a timely manner, otherwise the law will no longer protect you after one year. This is because labor arbitration has a statute of limitations. 2. You have the right to ask for overtime pay. I believe you also know that overtime pay is 150 for regular overtime work, 200 for weekend overtime, and 300 for statutory holidays.
You can look at your salary slip at the end of the month. If you work overtime but there is no overtime wage column, it means that the unit has not paid overtime wages in accordance with the law, and you have the right to demand payment. But there is one situation. If the labor contract between you and the company stipulates that your salary includes overtime pay for a certain number of hours, then your overtime work within this number of hours should be deemed to have been paid, and the company does not need to pay it separately. However, if the wage in your labor contract is the local minimum wage, then the employer cannot stipulate that this wage includes overtime pay, because after excluding overtime pay, your wage is lower than the minimum wage, which is illegal. The algorithm for overtime pay is that you need to calculate overtime pay for different times separately. For example, the normal overtime rate is 150. If you claim that there are 60 hours of normal overtime in a month, then the usual overtime salary for this month is: (your monthly salary/174)*60*150. In the same way, you can calculate overtime pay for weekends and statutory holidays. If you leave your job, you can claim overtime pay within two years. This monthly wage standard includes all wages paid monthly in various categories, including bonuses, job allowances, basic wages, subsidies, etc. 3. You have the right to ask your employer to purchase social insurance for you. If your employer purchases social insurance for you, you will be protected in the event of work-related injuries, occupational diseases, etc. Therefore, no matter whether you leave your job or not, you can ask your employer to purchase social insurance. If the unit does not purchase it, if you suffer a work-related injury, the unit will bear full responsibility. 4. You have the right to ask your employer to sign a labor contract with you. The 2008 Labor Contract Law stipulates that if your employer does not sign a labor contract with you within one month after you join the job, you have the right to demand that your employer sign a labor contract with you every month (except for the first one). month) to pay you twice as much as your salary. This contract clause is intended to punish the common phenomenon of units not signing labor contracts with workers.
Appeal requests usually include: requesting payment of salary xxx yuan; requesting payment of overtime pay xxx yuan; requesting payment of economic compensation for resignation of xxx yuan and punitive compensation of 50 yuan; requesting payment of compensation for xxx months without signing a labor contract; requesting replacement of social insurance, etc. For specific calculations and amounts, please refer to the previous algorithms 1 and 2. The facts and reasons should be briefly summarized around the basic facts and the employee’s grievance request. Basic facts usually need to be stated: when they joined the company, the structure and amount of the current salary, etc., working hours before leaving, the signing of the labor contract, etc.; under what circumstances they resigned; for example, when requesting salary and overtime pay, the employee should provide the factual reasons It clearly states which month's wages and overtime wages have not been paid, and how the amount of overtime wages is calculated; for example, what are the reasons for requesting the payment of severance compensation? You can write such things as deduction of overtime pay, relocation, etc.; at the same time, employees must Submit appropriate evidence, mainly including: the aforementioned express resignation notice documents, all labor contracts, two years of bank salary transfer records, employee ID cards, employment notices, etc. Because the law stipulates that the unit is responsible for providing general evidence, so employees only need to provide the first few evidences. If the situation in 1.6 occurs and an employee is forced to resign, the employee should pay attention to sending a notice to the unit by express delivery, and indicate on the express delivery document: In the notice of forced resignation due to xxx, state the sender (employee) and Recipient (unit, be sure to indicate the full name of the unit accurately). Keep the original receipt of the express delivery document, ask for the receipt signed by the unit from the express delivery company, and ask for the invoice for the postage fee, as evidence for arbitration. As for the documents in the express bag, employees can simply write: Resignation notification to x unit, I was forced to resign due to xxx reasons, hereby notify. Just sign and sign. The following is a sample labor arbitration application: Complainant: xxxx, male, Han nationality, born on x, month xx, 19xx, group xxx, village xxx, xxxx township, xxx county, xx province, ID number: xxxxx Respondent: xxxx Co., Ltd.
Legal representative: xxxx (You need to print the business license online or from the Industrial and Commercial Bureau)
Address: xxxxxxx Appeal request 1. The ruling ordered the respondent to pay the complainant a financial compensation of xxxxx yuan and an additional financial compensation of xxx yuan of 50 yuan;
2. The ruling ordered the respondent to pay double the salary of xxx yuan to the complainant who did not sign a labor contract;
3. The ruling ordered the respondent to pay overtime pay of xxxx yuan to the complainant;
4. The ruling ordered the respondent to reissue social insurance for the complainant;
4. The award ordered the respondent to bear the labor arbitration costs. The above request totals xxxx yuan. Facts and Reasons It has been xxx years and a half since the complainant entered the respondent's company on x month x, xxx. Because of his outstanding performance in all aspects of work, the respondent gradually promoted him from an ordinary technician to the deputy manager of the production department, responsible for the maintenance of production equipment. Since 2002, the respondent's annual performance evaluation has also been upgraded from good to level four. to the highest level six. The two parties have never signed a labor contract or applied for social insurance. However, on xx, xx, xxx, the respondent notified the complainant to immediately terminate the contract on the ground of an unfounded "crime". At the same time, the complainant worked overtime in the company for a long time without receiving overtime pay. He worked 3 hours of overtime every day and 11 hours of overtime on Saturdays. The total number of overtime hours per month was 122 hours, and the calculated overtime pay was xxx yuan. The respondent failed to apply for social insurance for the complainant. To sum up, the respondent unilaterally terminated the labor contract without legal reasons and should bear the responsibilities for compensation, overtime pay, double wages without signing a labor contract, and social security. Please ask your arbitration committee to find out the facts, make a ruling in accordance with the law, and protect the legitimate interests of the complainant. Sincerely
xxxxxxxx Labor Dispute Arbitration Committee
Attachment: One copy
Two copies of evidence. Applicant: xxxx (signature)
x year x month x day