Fortune Telling Collection - Horoscope - What if the company doesn't give out the year-end bonus?
What if the company doesn't give out the year-end bonus?
First, how to solve the problem that the company's year-end bonus is not issued?
1. It is a labor dispute that the employer does not issue the year-end bonus. When a labor dispute occurs, it can be solved in the following ways: (1) The laborer can negotiate with the employer on the basis of equality, voluntariness and legality; (2) If the employer and the employee fail to negotiate, they may apply to the labor arbitration institution for mediation; (3) If mediation is unsuccessful or unwilling, employees may apply for labor arbitration; (4) If the employee refuses to accept the labor arbitration award, he may bring a lawsuit to the people's court.
2. Legal basis: Article 2 of the Law of People's Republic of China (PRC) on Mediation and Arbitration of Labor Disputes This Law is applicable to the following labor disputes between employers and workers in People's Republic of China (PRC): (1) Disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts; (3) Disputes arising from delisting, dismissal, resignation or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection; (five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation; (six) other labor disputes as prescribed by laws and regulations. Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to a mediation organization for mediation; Unwilling to mediate, failing to mediate or failing to perform after reaching a mediation agreement, you may apply to the Labor Dispute Arbitration Committee for arbitration; Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court unless otherwise stipulated in this Law.
Second, what materials are needed to apply for labor arbitration 1, labor dispute arbitration appeal. The indictment shall be submitted to the Arbitration Commission in one original, and corresponding copies shall be provided according to the number of defendants. The complaint shall include the following contents: (1) the name, occupation, address, work unit and telephone number of the employee; The name and address of the enterprise and the name, position and telephone number of the legal representative; (2) The arbitration claim and the facts and reasons on which it is based; (3) Evidence, names and addresses of witnesses; (4) The arbitration institution has a uniform cover, which the complainant can fill in directly. 2. When submitting a complaint to the Arbitration Commission, the parties shall also submit the following materials: labor contract, salary payment voucher, work certificate, identity certificate or resignation certificate; The parties to the unit shall submit a copy of the business license of the unit, a copy of the approval certificate and the certification materials of the legal representative of the unit; 3. Identification documents of the parties and defendants, including: (1) the original and photocopy of the party's ID card; (2) The original registration materials of the respondent as a legal person; 4. Copies of relevant evidential materials and evidence list. If the complaint materials are incomplete or the relevant information is unclear, the parties shall be instructed to supplement the arbitration application. 5. If the parties need to entrust an agent, they shall also submit a power of attorney. The power of attorney shall specify the basic information of the client, the entrusted matters and the entrusted authority. If the authorization authority includes admitting, waiving, modifying claims and settling claims on behalf of the client, the client must list them item by item; 6. If a party is a person without or with limited capacity for civil conduct, it shall submit to the Arbitration Commission the relevant certificates of his legal representative's participation in arbitration activities. According to the Labor Dispute Mediation and Arbitration Law, it is a labor dispute that the employer does not issue the year-end bonus. When a labor dispute occurs, both parties can settle it through consultation. If negotiation fails, you may apply for mediation or labor arbitration. I hope the above content can help you.
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