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Some employers are suspected of forcing workers to leave their jobs through violence, threats, illegal detention or violation of labor contracts (such as failure to fulfill salary commitments, salary deduction, arrears of overtime pay). In this regard, the law requires full payment of economic compensation, which is calculated according to the actual length of service. One month's salary will be paid after one year, half a year if less than one year, and half a year if more than half a year but less than one year. If the monthly salary is more than three times of the local average salary in 2019, and the compensation period does not exceed 12 years, the calculation is based on the average total income of the 12 months before the dissolution or termination of the labor contract.
#Labor disputes
1380 readings
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If an enterprise employee is dismissed, the compensation standard shall be in accordance with the Labor Law: one month's full salary compensation for more than one year of service; Less than one year shall be deemed as one year; Within half a year is half a month. However, only when the probation period does not meet the employment standards, serious violations and dereliction of duty, part-time work seriously affects work, the labor contract is invalid or commits a crime, can the employer legally terminate the contract. The labor administrative department will deal with the illegal termination of the labor contract.
#Labor disputes
1033 readings
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The "996" working system may violate the Labor Law of the People's Republic of China, which requires employees to work overtime with their consent and no more than 44 hours per month. If the enterprise forces overtime, the worker has the right to refuse. If the overtime is voluntary and does not exceed the legal time limit, the enterprise shall pay corresponding overtime pay (150% for working days and 200% for rest days). Enterprises that extend working hours or refuse to pay overtime pay without approval or in violation of regulations violate the Labor Contract Law.
#Labor disputes
1058 readings
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The employee can sue in accordance with the law when facing the employer who has not signed the labor contract. If the employee has not signed the labor contract for one month, he/she shall pay double salary compensation for more than one year; If the labor contract is not renewed more than one month after the expiration, double the salary shall be paid in the same way. When signing the contract, the laborer needs to verify the unit information and detail it in the contract, clarify the work task, work content and location, and clearly indicate the labor remuneration in writing to protect their own rights and interests.
#Labor disputes
908 readings