Questions about labor law

Guangdong Lawyer Hu:

1. You can get financial compensation converted into one month’s salary for 7 months of work;

2. You can ask for the following Double wages without a signed labor contract;

3. Saturdays will be counted as overtime and double wages;

4. No, the employer and the employee can only agree on a probation period ;

5. According to the "Labor Law", employers are not allowed to collect any deposits from workers;

6. You can collect information according to the following:

(1) Wage payment voucher (if it is through a bank card, it can be used as evidence of the existence of a labor relationship) or record (employee wage payment roster), and records of payment of various social insurance premiums;

(2 ) The "work permit", "service certificate" and other documents that can prove the identity issued by the employer to the worker;

(3) The employer's recruitment "registration form" and "application form" filled out by the worker Recruitment records;

(4) Attendance records;

(5) Testimonies of other workers, etc.

Among them, the employer bears the burden of proof for items (1), (3), and (4).

As long as you cite one of the first, second or fifth items above, it can be used as preliminary evidence to prove the existence of a labor relationship. The rest needs to be handled by the employer in accordance with the above provisions. The unit must provide evidence. If the unit cannot provide evidence, it will support the existence of the labor relationship.