Develop as the city rapid, grow in quantity of the person that ab extra Wu is versed in, the dispute between the person that involve Wu to be versed in and unit of choose and employ persons is increasing. How should be if because default the caused labor dispute such as salary,appear,solved? Today, place of green judicatory of the four seasons uses case one case to be solved for you.
Zhang Mou builds engineering company reinforcing steel bar to be versed in at becoming some in June 2012. Began in March 2017, company of this construction engineering because a variety of reasons, occurrence shutdown stop production, and the circumstance that a large number of papering cutter. Rose in July 2018, this company and Zhang Mou undertake negotiation communication, both sides removes labor concerns. All did not pay to the salary July 2018 in March 2017. Zhang Mou comes fraughtly to blueness of the four seasons service center of street and common law refers the relevant law question about labor dispute.
Blueness of the four seasons is street and communal of legal service station be on duty the listen respectfully of patience of Chen Lv division and careful record point, the question that raises to Zhang Mou was done solve in detail.
In this case, because oneself reason causes the condition of stop production,build engineering company, the labor that both sides removed after talking things over with Zhang Mou concerns. This company ought to agree according to labor contract sufficient forelock puts Li Mou's wage. And after company stop production, zhang Mou assumes work of partial coolie Cheng for this company all the time, so the company ought to pay Zhang Mou's salary according to minimum wage standard, and this company ought to pay according to working fixed number of year of Zhang Mou give economy to compensate gold.
Encounter this similar case, do not want to be afraid of, we want dimension right, but also want lawful.
Settle 5 kinds of ways of labor dispute
The person that Wu is versed in discovers in the job oneself is lawful rights and interests is servantchoosed a person for a job when unit enroach on, can safeguard oneself legitimate rights and interests through the following way:
1
Talk things over. Both sides is reached through talking things over by oneself reconcile agreement.
2
Mediation. To this enterprise labor dispute mediates committee to apply for to mediate.
3
Arbitral. To labor dispute arbitral committee applies for the arbitration, the arbitration is processing labor dispute surely classics program.
4
Lawsuit. To arbitrating adjudication refuses to obey, but to lodge a complaint.
5
Inform against complain. To the illegal behavior of unit of choose and employ persons, can to labor censorial branch is complained, inform against.
How does salary standard calculate
According to the regulation: "Business stop work, stop production, close a business, time pays cycle in a salary inside, the enterprise ought to set related to country, province according to the regulation of labor contract pay salary. Time of business stop work, stop production, close a business exceeds a salary to pay cycle, laborer gave normal work, the company ought to pay salary according to the minimum wage level that does not determine under government office of local civil administration; Laborer did not give normal work, enterprise ought to according to the minimum wage level that does not determine under government office of local civil administration 80% pay salary. Enterprise ought to according to the minimum wage level that does not determine under government office of local civil administration 80% pay salary..
How does economic compensation calculate
Main component is the state that unit of choose and employ persons wants to pay economy to compensate gold to laborer two kinds.
1
It is the worker puts forward actively to remove labor contract.
2
Another kind is unit of choose and employ persons puts forward actively to remove labor concerns.
Labor contract law sets: "Economy compensates the fixed number of year that works in this unit by laborer, the level that every pay a monthly wages one year completely pays to laborer. 6 months above resents one year, press a year of computation; Malcontent of 6 months, pay the economy of half monthly wages compensation to laborer. Pay the economy of half monthly wages compensation to laborer..
Sweet clew
1
The evidential regulation with arbitral labor is main and applicable " holds whose quote " . The controversy that happens between laborer and unit of choose and employ persons needs what labor arbitrates to mention, ought to assume quote responsibility by the one party of the view.
2
After producing labor dispute, laborer but direct the villages and towns to enterprise seat street or organization of mediation of development labor dispute complains application, understand a situation by adjuster and mediation of go ahead of the rest. Facilitate labor dispute handles an ancestry to understand a situation for a short while already, also can go to the lavatory the settlement of controversy of both sides of labour and capital.
From September 2017 " blueness of the four seasons is communal legal service station " since holding water, recieve masses in all 200 more than person-time, mediate dispute successfully 36 cases; Hold propaganda of of all kinds law more than 60, visit a company more than 60, the problem that collects the legal respect that need solves more than 20, the proposal that law serves more than 10; Establish in 9 community " common law serves a point " .
Legal service station
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Blueness of the four seasons is communal legal service station
Time: Zhou Yi comes Zhou Wu, in the morning 8:30-11:30; Afternoon 13:30-17:00
Place: Blueness of the four seasons is street service center of social general management (celebrate and road 2) handle affairs the hall
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