1. Can I sign a pay slip if I am dismissed but there is a dispute?
In the case of dismissal but dispute, if the payment of the salary slip is in full compliance with the law, you can sign the salary slip, otherwise you need to apply to the local labor arbitration institution for arbitration to safeguard your legitimate rights and interests.
Article 47 of the Labor Contract Law stipulates that "the economic compensation shall be paid to the laborer according to the standard of paying one month's salary every full year according to the number of years the laborer has worked in this unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city with districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years.
The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract. "
Two, labor arbitration should go through the following procedures:
1, application. First of all, the complainant shall submit a written application to the labor dispute arbitration committee within 60 days from the date of infringement of his rights. The parties concerned shall fill in the Complaint Form provided by the Arbitration Commission in duplicate, and attach the labor contract, copy of ID card and relevant evidential materials; If the complainant is an employer, a copy of a valid business license should be attached. If the above materials are photocopies, they shall be checked with the originals.
2. accept. The Arbitration Commission shall, within 7 days from the date when the parties submit the complaint that meets the conditions for filing the case, make a decision on whether to accept it or not, and notify the parties within 7 days from the date of making the decision.
3. Entrust. The parties may entrust no more than two lawyers or other people as agents to participate in arbitration activities; To entrust others to participate in arbitration activities, a power of attorney signed or sealed by the client must be submitted to the arbitration commission, and the power of attorney shall specify the entrusted matters and authority.
4. Proof. Labor dispute cases are generally provided by the complainant; Where a labor dispute occurs due to the decision of the employer to dismiss, remove from the list, dismiss, terminate the labor contract, reduce the labor remuneration, and calculate the working years of the workers, the employer shall be responsible for providing evidence.
5. trial. Both parties shall arrive at the designated place to attend the trial at the time designated by the arbitration tribunal. If the complainant does not appear in court without justifiable reasons, the complaint shall be rejected; If the defendant fails to appear in court without justifiable reasons, the arbitration tribunal may try and make an award by default.
6. Mediation. Arbitrators should mediate in the trial of labor dispute cases first. If both parties reach an agreement, the arbitration tribunal shall make a conciliation statement according to the contents of the agreement, and the conciliation statement shall take legal effect from the date of service.
7. ruling. Before the conciliation statement is served, if the conciliation fails to reach an agreement or the parties go back on their words, the arbitration tribunal shall make an award in time. If the party refuses to accept the decision, it may bring a lawsuit to the people's court with jurisdiction within 15 days from the date of receiving the award; If no prosecution is initiated at the expiration of the time limit, the ruling will take legal effect.
8. Close the case. When handling labor disputes, the arbitration tribunal generally closes the case within 60 days from the date of the formation of the arbitration tribunal; If the case is complicated, it may be extended to 30 days upon approval.
Whether there is a pay slip does not affect employees' application for labor arbitration. But the employee's signature on the salary slip or relevant certificates means that he agrees with the company's practices. Therefore, whether to sign or not depends on the information marked on the payroll. Because wages and economic compensation should be paid in one lump sum in the month of resignation, and the company has no right to force employees to sign.