I worked as a temporary worker in a university logistics management cafeteria for six years, and the

Updated on Restaurant 2024-06-23
1 answers
  1. Anonymous users2024-01-24

    1. First of all, it is a violation of the Labor Contract Law for an employer not to sign a labor contract or apply for social insurance. Article 38 of the Labor Contract Law stipulates that "an employee may terminate a labor contract under any of the following circumstances:

    1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations. "So you have the right to terminate the contract.

    Second, you have the right to seek financial compensation. Article 47 of the Labor Contract Law stipulates that the compensation standard is "paid to the employee at the rate of one month's salary for each full year." where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

    Third, there are several ways to solve the problem: first, negotiate with the employer and clarify your own ideas; the second is to ask the local labor supervision department to mediate; the third is to apply to the labor arbitration commission for an award; The fourth is to file a lawsuit with the court.

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