At the end of the month, you can look at the payroll. If you have overtime work but no overtime pay, it means that the unit has not paid overtime pay according to law, and you have the right to ask for it. But in one case, if the labor contract between you and the company stipulates that your salary includes a certain number of hours of overtime, then your overtime within this number of hours should be regarded as paid, and the company does not need to pay separately. However, if the salary in your labor contract is the local minimum wage, then the unit cannot stipulate that this salary includes overtime pay, because it is illegal to remove overtime pay and your salary is lower than the minimum wage. The algorithm of overtime pay is that you have to calculate overtime pay at different times separately. For example, if the overtime rate is 150%, then if you claim to have 60 hours of overtime a month, then the overtime pay for this month is: (your monthly salary/174)*60* 150%. Similarly, overtime pay can be calculated on weekends and legal holidays. If you leave your job, you can apply for overtime pay within two years. This month's salary standard includes all kinds of monthly salary, including bonus, post allowance, basic salary, subsidy and so on. You have the right to ask the company to buy social insurance for you. The company bought you social insurance, in case of work-related injuries and occupational diseases, you can get protection. Therefore, whether you leave your job or not, you can advocate asking the company to buy social insurance. If the company doesn't buy it, you have an industrial accident, and the company is fully responsible. You have the right to ask the unit to sign a labor contract with you. The Labor Contract Law of 2008 stipulates that if your employer fails to sign a labor contract with you within one month after your employment, you have the right to claim to pay you twice your salary every month (except for the first month). This contract clause is to punish the common phenomenon that units do not sign labor contracts with workers. However, remember: don't deliberately not sign a contract with the company in order to get this double salary, which is against the law and basic ethics. In addition, from the date of application, you can only claim double salary 1 1 month at most, which is also due to the limitation of labor arbitration. This will double the monthly salary, including the last three months' salary and overtime pay. 5. Economic compensation under various legal circumstances, such as employees being forced to resign due to the company's deduction of unpaid wages, failure to purchase social security, forced transfer of posts, economic layoffs of the company, or because employees are incompetent, incompetent after the medical treatment expires, and the objective situation changes, employees have the right to demand economic compensation according to their working years. Economic compensation is one month a year, less than half a year and less than half a month, and more than half a year and less than one month. However, there are several special cases: a. If the company is unwilling to renew the contract after its expiration, the company only needs to compensate the length of service after 2008, even if you have 6 years of service before 2008. However, if your company has worked for more than 10 years when the contract expires, the company cannot dismiss you, because your labor contract has been automatically changed to open-ended term. B. If you resign yourself, or the unit is willing to let you renew the contract according to the original conditions when the contract expires, or you are unwilling to renew it, or the labor contract is dissolved by the unit due to serious violations of discipline and law, the unit does not need to pay you economic compensation.
6. Year-end bonus and double pay If the company has been giving employees year-end bonuses and double pay, and you leave before the end of the year, you have the right to ask the company to pay the year-end bonus and double pay for the hours you have been working. 7. If the compensation unit illegally dismisses you without legal reasons, the unit will pay double compensation according to your length of service (including before 2008). For example, if your length of service is 9 years, the company will compensate you 18 months' salary when you are illegally dismissed, including the last three months' salary and overtime pay. Second, how do you defend your rights? Because it takes time and money to go to court and there are too many technical problems, it is not easy. So, you have other ways to safeguard your rights. 1. Friendly negotiation with the unit. The key issue is that you need to know what rights you have, and you will know what you deserve by referring to the first point. If you negotiate with the unit according to the rights given to you by law, you will be in a relatively clear position. Neither wild nor compromised. Some units, such as some foreign-funded enterprises, are willing to pay all your compensation in full according to the law. You don't have to go to court, you'd better not fight, or even get a discount, because it takes workers a year to go to court, and most people can't stand it in the end. 2. Complain to the labor inspection. The following are some common things that can be directly complained to the labor inspection, which is conducive to solving the problem quickly. A. the employer withheld the certificate. According to the Labor Contract Law, it is illegal to rob a certificate. If a worker complains, he can impose a fine on his employer. Of course, when employees are detained, they must pay attention to leaving receipts to prevent employers from becoming angry from embarrassment and refusing to recognize the accounts. B. Reduce wages and overtime pay, especially if workers are unwilling to continue working in the unit. C. After the employee resigns, the employer refuses to handle matters such as files and resignation certificates. When a worker complains, he should bring his ID card and some simple evidence, such as work permit, labor contract, salary slip and salary passbook. And ask the staff to fill in a written complaint or report. According to China's labor inspection law, after a worker complains, the labor inspection department must deal with it and inform the complaining worker of the result, otherwise it is illegal administration or administrative inaction. 3. If all the above means fail, you can consider applying for labor arbitration as follows. Third, how to apply for labor arbitration by yourself. Labor arbitration is generally submitted to the labor arbitration commission where the company is located. Arbitration is free. When submitting an arbitration application, you should print the employer's industrial and commercial registration information, provide a copy of the employee's ID card, and fill in the arbitration application. In addition to the information of the applicant (employee) and the respondent (unit), the arbitration application also contains the appeal request and the facts and reasons to be filled in. Complaint requests usually include: asking for salary of xxx yuan; Require to pay overtime pay xxx yuan; Require to pay economic compensation for resignation of xxx yuan and punitive damages of 50%; Claim the compensation for the unsigned labor contract for xxx months; Apply for social insurance, etc. Please refer to the first and second algorithms for specific calculation and amount. The facts and reasons should be briefly written around the basic facts and the employee's appeal request. The basic facts usually state: when to join the company, the structure and amount of the current salary, the working hours before leaving the company, the signing of the labor contract, etc. Under what circumstances did you leave your job; For example, for requests for wages and overtime pay, employees should clearly explain which month wages and overtime pay were not paid and how the amount of overtime pay was calculated; For example, what are the reasons for asking for financial compensation for resignation? You can write, such as deducting overtime pay, moving, etc. At the same time, employees should submit corresponding evidence, mainly including the aforementioned resignation notice documents, all labor contracts, two-year bank salary transfer records, employee cards, employment notices, etc. Because the law stipulates that the general burden of proof is the responsibility of the unit, employees only need to provide the first few evidences. If an employee is forced to resign due to the situation in 1.6, the employee should pay attention to sending a notice to the company by express delivery, and indicate on the express delivery document: Notice of forced resignation due to xxx, indicating the sender (employee) and the recipient (company, the full name of the company must be accurately stated). Keep the courier receipt, ask the courier company for the receipt signed by the company, and ask for the mailing fee invoice as arbitration evidence. As for the documents contained in the courier bag, employees can simply write: I will inform X company that I was forced to resign because of xxx. Just sign it. The following is a sample application for labor arbitration: complainant: xxxx, male, Han nationality, born on xx, xx, 19xx, group xxX, xxxX Village, xxxx Township, XX County, XX Province, ID number: xxxx, defendant: xxxx Co., Ltd.
Legal Representative: xxxx (this should be printed online or by the Industrial and Commercial Bureau).
Address: xxxxxxx appeal request 1. The defendant was ordered to pay the plaintiff economic compensation of xxxxx yuan, plus 50% economic compensation of xxx yuan;
2. The defendant was ordered to pay double the salary of xxx yuan without signing a labor contract with the plaintiff;
3. Order the defendant to pay the plaintiff overtime pay xxxx yuan;
4. Order the defendant to reissue social insurance for the complainant;
4. Order the defendant to bear the labor arbitration fee. The above requirements total xxxx yuan. Facts and reasons It has been xxx and a half years since the plaintiff entered the defendant company in xxx. Because of his outstanding performance in all aspects of his work, the defendant gradually promoted him from an ordinary mechanic to the deputy manager of the production department, responsible for the maintenance of production equipment. Since 2002, the defendant's annual evaluation of his work performance has also risen from a good level 4 to the highest level 6. The two sides have never signed a labor contract, nor have they applied for social insurance. However, on xx, xx, the defendant informed the complainant to terminate the contract immediately on the grounds of trumped-up "charges". At the same time, the complainant did not get overtime pay for working overtime in the company for a long time. He works overtime for 3 hours every day and on Saturdays 1 1 hour. The total overtime hours per month is 122 hours, and the calculated overtime pay is xxx yuan. The defendant did not apply for social insurance for the complainant. To sum up, the defendant cannot unilaterally terminate the labor contract, and should bear the responsibilities such as compensation, overtime pay, double salary for not signing the labor contract, and handling social security. Please ask your arbitration commission to find out the facts and make a judgment according to law to protect the legitimate interests of the complainant. I am here to convey
Xxxxxxxx Labor Dispute Arbitration Commission
Attachment: one copy.
Two pieces of evidence. Complainant: xxxx (signature)
X year x month x day