Job Recruitment Website - Property management company - I am a security guard. Is it reasonable to fire me because I missed a day's work without paying me? What should I do?
I am a security guard. Is it reasonable to fire me because I missed a day's work without paying me? What should I do?
How to apply for labor arbitration;
1. Go to the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau (former Labor Bureau) to apply for labor arbitration. When filing a case, you must bring: two arbitration applications and a copy of the applicant's ID card 1 copy; Copies of relevant evidence and 2 copies of evidence list; Industrial and commercial registration information of the employer (registration information is not required in Beijing).
2. After submitting the materials, the Arbitration Commission shall file a case within 5 working days, and then give both parties a period of proof and a period of defense; Then the court will open, and then mediate between you two. If mediation fails, the Arbitration Commission shall issue an award. Labor arbitration shall be closed within 60 days; If the employee refuses to accept the ruling, he can bring a lawsuit to the court;
3. During the application for labor arbitration, the laborer shall not delay to work in the new unit.
Article 48 of the Labor Contract Law of People's Republic of China (PRC) * * * If the employer dissolves or terminates the labor contract in violation of the provisions of this law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the laborer does not request to continue to perform the labor contract or the labor contract cannot be continued, the employer shall pay compensation in accordance with the provisions of Article 87 of this Law.
Article 87 Where an employing unit dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this Law.
"Provisional Regulations on Payment of Wages" Article 9 If both parties to the labor relationship dissolve or terminate the labor contract according to law, the employer shall pay the employee wages in one lump sum when dissolving or terminating the labor contract.
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