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A worker who resigns after the expiration of the labor contract still enjoys the right to remuneration. According to the law, as long as the contract is valid, the employer shall pay wages as agreed. When the laborer meets the conditions for legal termination, such as poor working environment, salary arrears, social security problems or illegal employment regulations, he/she can unilaterally terminate the contract and require residual wages and economic compensation. No compensation is required, just notice and go through the resignation procedures. If the employer violates the relevant provisions of the Labor Contract Law, the worker has the right to take action.
#Labor disputes
1331 readings
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Unless employees voluntarily propose, they have the right to refuse to work overtime. When arranging overtime, employers must meet three important preconditions: first, it is based on the actual needs of production and operation; Second, obtain the full consultation and consent of the trade union organization and relevant employees in advance; Third, overtime must comply with laws and regulations. If these conditions are not met or a consensus is reached, employees have the right not to participate in overtime work. These provisions are intended to protect the legitimate rights and interests of employees and their rest time.
#Labor disputes
1260 readings
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For the problem of unpaid sales commission, legal action can be taken. The first choice is labor arbitration. Because the sales commission dispute is a labor remuneration dispute, it is suitable to be arbitrated by labor arbitration institutions, and it follows the principle of legality, fairness and timeliness. If the arbitration fails, the parties may file a lawsuit to the court according to law to safeguard their own rights and interests.
#Labor disputes
870 readings
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The employer shall bear legal liability for illegally canceling or terminating the labor contract: if the employee requests to continue to perform, the original contract shall be executed unconditionally; If no renewal is applied for or the purpose of the contract cannot be achieved, compensation shall be paid, and the standard is twice the economic compensation. The economic compensation is calculated according to the length of service, and the salary of one month for one year or half a year for less than six months.
#Labor disputes
994 readings
