Xinle recruitment works in Xinle

This situation of the parties is mainly evidence. If it is really suppressed by superior leaders, there must be evidence. If it is only oral, it is difficult to obtain evidence.

It is really because the individual was fired, the parties found it unacceptable, and they could not negotiate with the unit, so they could only file labor arbitration.

Labor arbitration refers to the arbitration and adjudication of labor disputes applied for arbitration by the labor dispute arbitration committee. In China, labor arbitration is a necessary procedure for the parties to a labor dispute to bring a lawsuit to the people's court. According to the Labor Dispute Mediation and Arbitration Law, the parties who initiate labor arbitration shall submit a written application to the Labor Dispute Arbitration Committee within one year from the date of the labor dispute. Unless the parties are due to force majeure or other legitimate reasons, the Arbitration Commission will not accept the application for arbitration beyond the time limit prescribed by law.

Judging from the present situation, the client's three-month salary has not been paid, and this unit is likely to violate the law. The parties concerned shall collect relevant evidence, including salary cards, labor contracts, employee cards, work permits, etc. And prepare for labor arbitration.

Wages, deposits and economic compensation must be settled in one lump sum. The employer shall not deduct it at will.

If both parties to the labor relationship dissolve or terminate the labor contract according to law, the employing unit shall pay the employee's salary in one lump sum when dissolving or terminating the labor contract.

According to the Interim Provisions on Wage Payment

Article 9 If the labor contract is dissolved or terminated by both parties in labor relations according to law, the employing unit shall pay the employee's salary in one lump sum when dissolving or terminating the labor contract.

According to the provisions of the Labor Contract Law of People's Republic of China (PRC),

Article 50 When the employer dissolves or terminates the labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of the file and social insurance relationship for the employee within 15 days.

Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed.

The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference.

Article 85 In any of the following circumstances, the employer shall be ordered by the labor administrative department to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay compensation to the employee according to the standard of more than 50% 100% of the payable amount:

(1) Failing to pay laborers' labor remuneration in full and on time in accordance with the stipulations of the labor contract or the provisions of the state;

(2) Paying workers' wages below the local minimum wage standard;

(3) Arranging overtime without paying overtime;

(four) the dissolution or termination of the labor contract, not in accordance with the provisions of this law to pay economic compensation to the workers.