Current location - Recipe Complete Network - Catering franchise - Old clock arbitration, urgent! Urgent! Urgent! (False contract provided by employer)
Old clock arbitration, urgent! Urgent! Urgent! (False contract provided by employer)
1. Your three requests are not improper, and the evidence provided is basically sufficient.

2. "The evidence is a labor contract with my name forged on it and no fingerprints";

(1) Since the company has issued a contract, it is up to you to prove that the contract is forged.

(2) As long as it is not your signature, you can directly apply to the Arbitration Commission for handwriting identification. After you get an appraisal conclusion that is not your handwriting, there is no doubt that the contract is forged and the company's evidence is false. Your claim of not signing the contract and asking for double salary can be supported.

(3) The effectiveness of the contract only depends on whether both parties sign or seal it, regardless of whether there are fingerprints.

3. "Secondly, I asked for civil liability for violating the confidentiality agreement, but I didn't provide the confidentiality agreement and never signed it";

(1) If the company has not signed a confidentiality agreement with you: This article will not be supported by the Arbitration Commission, so don't worry.

(2) Even if the company has signed a confidentiality agreement with you: if you are not in a confidential position in the company, you can not abide by the confidentiality agreement;

Even if there is a confidentiality agreement, you are still in a confidential position: after you leave, the company will also give me compensation for non-competition. If the company does not provide you with confidentiality compensation, you may not be bound by the confidentiality agreement.

Attachment: Relevant basis

(1) Article 23 of the Labor Contract Law: The employer and the employee may agree in the labor contract to keep the business secrets of the employer and confidential matters related to intellectual property rights.

For workers who have the obligation of confidentiality, the employing unit may stipulate non-competition clauses with the workers in the labor contract or confidentiality agreement, and stipulate that after the labor contract is dissolved or terminated,

During the period of non-competition, workers are given monthly economic compensation. If the laborer violates the non-competition agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

(2) Article 24: Personnel with non-competition restrictions are limited to the senior managers, senior technicians and other personnel with confidentiality obligations of the employing unit. The scope, area and time limit of non-competition shall be agreed by the employer and the employee, and the agreement on non-competition shall not violate the provisions of laws and regulations.

After the dissolution or termination of the labor contract, if the personnel specified in the preceding paragraph go to other employers that have a competitive relationship with their own units to produce or operate similar products or engage in similar businesses, or start their own businesses to produce or operate similar products or engage in similar businesses, the non-competition period shall not exceed two years.

4. "As far as I know, according to the principle of' whoever advocates gives evidence', the employer can't prove the authenticity of the contract, so it can't be considered as evidence": If the understanding is inaccurate, whoever advocates giving evidence is good, the company takes out the contract as evidence, and if you advocate that the company's evidence is forged, you should provide evidence that the contract is forged. If you can't provide such evidence, or the evidence you provide is not enough to prove that the contract is forged,

5. "Do you have any better suggestions for me?" As long as the signature is really not signed by you, the application for handwriting identification can be punctured.