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On Behalf Of The Labor Contract Signed Invalid, Dismissed For Economic Compensation.
< p > Mr. Pan said, the hotel security "a href=" http://www.91se91.com/news/index_c.asp "basic salary < /a > 1400 yuan, excluding overtime, and so on, the unit has not signed labor contracts with him, nor has paid social security. < /p >
In the evening of February 2014, he was found to be on duty at the office during the night when he was in the office. He was asked to deduct 20 yuan from the head of the hotel. He felt that the punishment was too much and objected. The hotel said you could not leave P, and Mr. Pan immediately released the labor relationship with the hotel. < /p >
< p > but he felt that the hotel had neither signed a contract nor paid any insurance, so the guesthouse should pay the corresponding compensation. Therefore, applying for labor arbitration requires the hotel to pay the economic compensation for the termination of the labor relationship, the double wage of the labor contract not paid, and the statutory holiday holiday labor payment. < /p >
< p > < strong > contract is signed instead of a href= "http://www.91se91.com/news/index_c.asp" > legal effect < /a > /strong > /p >
< p > in order to find out more details, the captain of the labor and social security supervision team of Lou Xing District accepted the case and informed the head of the hotel to explain the situation to his face. The head of the hotel explained that "Mr. Pan was a security guard who had worked in the hotel. That's right. But when he went to work, he dozed off the air conditioner and violated the relevant regulations of the company, so he had to pay a fine. Mr. Pan refused, so the company offered to dismiss. He also agreed that the company did not defaulting on any salary of Mr. Pan. And the company signed a contract with its employees. " The head of the hotel then submitted the contract signed by Mr. Pan, with Mr. Pan's signature on it. < /p >
< p > see the contract, Mr. Pan denied immediately, "during the working period, the company did not sign any contract with him, and the signature on the contract was not signed by me, so this contract is invalid." In order to confirm the authenticity of the contract, Captain Li picked up the handwriting on the contract and compared with Mr. Pan's handwriting for arbitration. < /p >
< p > when Captain Li inquired if the contract was signed by the parties, the person in charge of the hotel immediately changed his mind. "I am not sure that the situation is assigned to the chief security officer to carry out this matter." < /p >
< p > < strong > according to the provisions of the labor law, < a href= "http://www.91se91.com/news/index_c.asp" > economic compensation < /a > /strong > /p >
< p > according to the words of the head of the hotel, Captain Li said that the contract signed by the guesthouse had no legal effect. According to the provisions of the forty-seventh and eighty-second articles of the labor contract law, if the unit did not sign a written labor contract with the laborer, it should begin to pay double wages to the laborers second months after signing the written labor contract. The longest double pay time without signing a written labor contract is 11 months. < /p >
< p > economic compensation shall be paid to laborers according to the number of years worked by the laborers in their units, and the wages paid for one month per full year. For more than six months with less than one year, the financial compensation for half a month's wages will be paid to the laborers for a period of one year or less than six months. < /p >
< p > according to Mr. Pan's working experience for four months, he can receive half a month's salary compensation, that is 700 yuan. < /p >
In the evening of February 2014, he was found to be on duty at the office during the night when he was in the office. He was asked to deduct 20 yuan from the head of the hotel. He felt that the punishment was too much and objected. The hotel said you could not leave P, and Mr. Pan immediately released the labor relationship with the hotel. < /p >
< p > but he felt that the hotel had neither signed a contract nor paid any insurance, so the guesthouse should pay the corresponding compensation. Therefore, applying for labor arbitration requires the hotel to pay the economic compensation for the termination of the labor relationship, the double wage of the labor contract not paid, and the statutory holiday holiday labor payment. < /p >
< p > < strong > contract is signed instead of a href= "http://www.91se91.com/news/index_c.asp" > legal effect < /a > /strong > /p >
< p > in order to find out more details, the captain of the labor and social security supervision team of Lou Xing District accepted the case and informed the head of the hotel to explain the situation to his face. The head of the hotel explained that "Mr. Pan was a security guard who had worked in the hotel. That's right. But when he went to work, he dozed off the air conditioner and violated the relevant regulations of the company, so he had to pay a fine. Mr. Pan refused, so the company offered to dismiss. He also agreed that the company did not defaulting on any salary of Mr. Pan. And the company signed a contract with its employees. " The head of the hotel then submitted the contract signed by Mr. Pan, with Mr. Pan's signature on it. < /p >
< p > see the contract, Mr. Pan denied immediately, "during the working period, the company did not sign any contract with him, and the signature on the contract was not signed by me, so this contract is invalid." In order to confirm the authenticity of the contract, Captain Li picked up the handwriting on the contract and compared with Mr. Pan's handwriting for arbitration. < /p >
< p > when Captain Li inquired if the contract was signed by the parties, the person in charge of the hotel immediately changed his mind. "I am not sure that the situation is assigned to the chief security officer to carry out this matter." < /p >
< p > < strong > according to the provisions of the labor law, < a href= "http://www.91se91.com/news/index_c.asp" > economic compensation < /a > /strong > /p >
< p > according to the words of the head of the hotel, Captain Li said that the contract signed by the guesthouse had no legal effect. According to the provisions of the forty-seventh and eighty-second articles of the labor contract law, if the unit did not sign a written labor contract with the laborer, it should begin to pay double wages to the laborers second months after signing the written labor contract. The longest double pay time without signing a written labor contract is 11 months. < /p >
< p > economic compensation shall be paid to laborers according to the number of years worked by the laborers in their units, and the wages paid for one month per full year. For more than six months with less than one year, the financial compensation for half a month's wages will be paid to the laborers for a period of one year or less than six months. < /p >
< p > according to Mr. Pan's working experience for four months, he can receive half a month's salary compensation, that is 700 yuan. < /p >
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