Quarrel with the hotel

According to the Labor Contract Law and the Regulations for the Implementation of the Labor Contract Law, the "double salary" without a labor contract shall be paid from the next month after the date of employment until the day before the signing of the labor contract or the day before the termination of the labor relationship. However, if a labor contract has not been signed for more than one year since the date of employment, the double salary will be calculated one year ago, which means that the double salary without a labor contract can only be calculated for eleven months at the longest. Because after more than one year, both parties are deemed to have signed an open-ended labor contract.

If the employer terminates the labor contract or the employer violates the regulations, the employee shall terminate the labor contract according to law. Compensation calculation method-economic compensation standard

1. Economic compensation: the standard is to pay 1 month salary every 1 year according to the years of working in the company. Those who work less than 1 year will be paid 1 month salary for more than 6 months, and half a month salary for less than 6 months.

2. If the company doesn't sign a written labor contract with you, it should also pay you double the salary of 1 1 month (from February 2008 to 65438+February 2008), because the Labor Contract Law came into effect in June 2008.

3. Economic compensation: twice the economic compensation.

4. Problems needing attention:

(1) Because your salary is relatively high, according to the provisions of the Labor Contract Law, if the monthly salary of a worker is three times higher than the average monthly salary of a local worker announced by the people's government of the municipality directly under the central government where the employer is located, the standard for paying economic compensation to him is three times the average monthly salary of the worker, and the longest period for paying economic compensation to him shall not exceed 12 years!

(2) If the unit proposes to terminate the labor contract, it shall notify you in writing 30 days in advance. If not, it has to pay 1 month's salary as a substitute, which means it has informed you in advance.

Note: If the employer dissolves or terminates the labor contract in violation of the provisions of this Law, it shall pay "twice the economic compensation standard" to pay compensation to the workers.

Under any of the following circumstances, the employee may terminate the labor contract:

(1) Failing to provide labor protection or working conditions as agreed in the labor contract;

(2) Failing to pay labor remuneration in full and on time;

(3) Failing to pay social insurance premiums for laborers according to law;

(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;

(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.

To put it simply: if your monthly salary is 3,000 yuan, then one year later, if your boss has a holiday, you will have to pay several times more for overtime, and if you work overtime for more than 36 hours a month, you will have to buy five insurances instead of buying them, or buy fewer insurances ~ ~ ~ and so on. As long as he commits any of them. Then after you resign according to law, in addition to your salary, you will also get nearly 50 thousand yuan in legal compensation according to law. No trouble. You can apply to the court for enforcement. The boss may dare to tidy up you, but he generally dares not tidy up the stadium.

Right to labor safety and health protection

The Labor Law stipulates that workers have the right to obtain labor safety and health protection. This is the most direct protection for workers' life safety and health and their enjoyment of labor rights.

Enjoy the right to rest

According to our constitution, workers have the right to rest. To this end, the state has stipulated the working hours and vacation system for employees and developed facilities for employees to rest and recuperate.

The right to social insurance benefits

In order to provide protection for workers when they are sick and old, China's labor law stipulates that workers have the right to social insurance and welfare, that is, workers enjoy labor insurance and welfare including endowment insurance, medical insurance, work injury insurance, unemployment insurance and maternity insurance. Social insurance and welfare are the objective needs of labor reproduction.

Enjoy the right to terminate the labor contract according to law.

The management personnel of the employing unit have the right to refuse illegal command and force risky operations, to criticize, report and accuse acts that endanger life safety and health, and to supervise acts that violate the labor law.

If the employer terminates the labor contract in accordance with the provisions of Articles 24, 26 and 27 of the Labor Law, it shall give economic compensation in accordance with the relevant provisions of the state.

Under any of the following circumstances, the employer shall not terminate the labor contract according to the provisions of Articles 26 and 27 of the Labor Law:

(a) suffering from occupational diseases or work-related injuries and being confirmed to have lost or partially lost the ability to work;

(2) Being sick or injured within the prescribed medical treatment period;

(3) Female employees during pregnancy, childbirth and lactation;

(4) Other circumstances stipulated by laws and administrative regulations.

A laborer who terminates a labor contract shall notify the employer in writing 30 days in advance.

In any of the following circumstances, the employee may notify the employer to terminate the labor contract at any time:

(1) is in the probation period;

(2) The employing unit forces labor by means of violence, threat or illegal restriction of personal freedom;

(three) the employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract.

The state practices a working-hour system in which workers work no more than 8 hours a day and 44 hours a week on average. The employing unit shall ensure that workers have at least one day off every week.

Due to the needs of production and operation, the employer may extend the working hours after consultation with the trade unions and workers, generally not exceeding one hour per day; If it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed three hours a day and thirty-six hours a month under the condition of ensuring the health of the workers.

(1) If the laborer is arranged to work longer hours, he shall be paid no less than 150% of the salary;

(2) If workers are arranged to work on rest days but cannot be arranged for compensatory time off, they shall be paid a salary of not less than 200% of their wages;

(3) If workers are arranged to work on legal holidays, they shall be paid no less than 300% of their wages.

The state practices the system of paid annual leave. Workers who have worked continuously for more than one year are entitled to paid annual leave. Specific measures shall be formulated by the State Council.

During legal holidays, funeral leave and participation in social activities according to law, the employer shall pay wages according to law.

The employing unit must provide workers with labor safety and health conditions and necessary labor protection articles that meet the requirements of the state, and the workers engaged in occupational hazards shall undergo regular health examinations.

Workers have the right to refuse the illegal command and forced risky operation of the management personnel of the employer; Have the right to criticize, report and accuse acts that endanger life safety and health.

First, it is forbidden to arrange female workers to engage in underground mines, labor with the fourth level of physical labor intensity stipulated by the state and other jobs that are taboo.

B, female workers shall not be arranged to engage in high altitude, low temperature, cold water operations or third-level physical labor intensity stipulated by the state during menstruation.

C, female workers shall not be arranged to engage in the activities of the third-level physical labor intensity and pregnancy taboo stipulated by the state during pregnancy. Female workers who have been pregnant for more than seven months shall not be arranged to extend their working hours or work at night.

D, female employees enjoy maternity leave of not less than 90 days.

E, female workers shall not be arranged to engage in other jobs with the third-level physical labor intensity and lactation taboo stipulated by the state, and shall not be arranged to extend working hours and work at night.

F, underage workers shall not be arranged to engage in underground, toxic and harmful and other taboo jobs with the fourth level of physical labor intensity stipulated by the state.

G, the employer shall conduct regular health check-ups for underage workers.