Job Recruitment Website - Recruitment portal - My labor contract was signed with the approval of the former general manager. The current chairman refuses to recognize my labor contract and has owed me two months' salary.
My labor contract was signed with the approval of the former general manager. The current chairman refuses to recognize my labor contract and has owed me two months' salary.
The employer who has not signed a labor contract shall pay you double salary, social security and economic compensation for the termination of labor relations from the second month (for legal provisions, see Articles 82, 38 and 46 of the Labor Contract Law and Articles 6 and 27 of the Regulations for the Implementation of the Labor Contract Law). The focus is on evidence, which needs to prove that you have a labor relationship with the employer. As for how much time you work and how much money you earn every month, you can use the principle of "inversion of burden of proof", which can be proved by the employer. If the employer can't prove it, it will bear the adverse consequences.
"Inverted burden of proof" widely exists in the field of labor law. Articles 6 and 39 of the Labor Dispute Mediation and Arbitration Law, Article 13 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases, Article 9 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases, Article 6 of the Supreme People's Court's Provisions on Evidence in Civil Litigation, Article 2 of the Notice of the Ministry of Labor and Social Security on Establishing Labor Relations, wage payment vouchers, social security. The employer may be required to bear the burden of proof.
If you want to fully protect your legitimate rights and interests, I suggest you look at the Labor Law, the Labor Contract Law, the Regulations on the Implementation of the Labor Contract Law, and the Social Insurance Law, so that you can know in what ways the employer has violated your rights and interests.
See Article 9 of the Interim Provisions on Wage Payment and Article 50 of the Labor Contract Law for the time of wage payment when the labor contract (or labor relationship) is dissolved. If the payment is not made on time, it can be handled according to Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contract 10 or Article 85 of the Labor Contract Law. The difference is that the former can claim directly, and the latter can claim only after the labor department orders it not to pay.
Special reminder: Look at my answer above. Only when you understand the content of the title, can you fully understand the meaning of my answer.
My Baidu space has the above legal provisions, you can check it.
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