The factory didn t pay me wages, and I didn t sign a contract at that time, so how can I get it back

Is there any other circumstantial evidence that can prove that you are employed at work, such as WeChat records or QQ chat records, and there is another way, how was the salary in the early stage given to you, and is there a payment record? If it is a company to an individual, it can also be proved. Of course, in this case, it is best to call the local labor bureau ** for consultation.

At the same time, it is also necessary to learn a lesson, and the employment must be supported by a contract or written materials.

If a company violates labor laws, it can file a complaint or arbitrate in the following ways:

First collect relevant evidence that you have worked in the company, labor contracts (can be without), work records, salary slips, salary transfer records (WeChat, Alipay, banks, text messages), audio and video recordings about arrears of wages and claims for wages, punch-in records of working at work, work permits, entry and exit permits, work clothes issued by the unit, introducers, certifiers, etc. The more evidence, the better, and the better it will be for you.

Then you can go to the labor inspection brigade of the Human Resources and Social Security Bureau to complain and report (advantages: simple and fast. Cons:

The enforcement may not be strong, at most the wages can be recovered), and labor arbitration can also be taken (advantages: in addition to the recovery of wages, you can also claim economic compensation, double wages, triple wages, etc.; Disadvantages: It is a labor lawsuit, with many procedures, a long time, and the need for professional guidance), it is recommended to labor arbitration, so as to strive for the greatest rights and interests.

The main legal rights and interests that we can fight for through arbitration are:

1.To get your wages back. Basis: Wages should be paid on a monthly basis and must not be in arrears.

2.If you don't sign a contract, you will be paid double your salary. Basis: If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay twice the monthly wage.

3.Double or triple salary. Basis: In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours according to the following standards:

2) If the worker is assigned to work on a rest day and cannot arrange a compensatory break, he shall be paid a wage remuneration of not less than 200% of the wage (the worker shall have at least one day off per week);

3) If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

4.Fight for compensation. Basis: If the employee is not dismissed in accordance with the regulations, the corresponding economic compensation shall be paid.

and a number of other rights ......

I was able to recover the wages I was owed through labor arbitration, and I also won compensation for more than twice my wages (twice the wages paid to me in the factory without a contract, three times the wages for unused holidays, etc.).

In addition, this kind of black-hearted boss should give him some color after winning these rights and interests, report him to the tax bureau, report his substandard products or illegal production to the market supervision and administration bureau, report his pollution problems to the environmental protection bureau, report his fire problems to the fire department, report to the labor inspection brigade of the human resources and social security bureau that he does not sign a written labor contract with the laborer, and does not pay three times the salary on holidays

Legal analysis: If a private employer can leave the company at any time, the arrears of wages can be resolved through negotiation, which cannot be resolved through arbitration or litigation. Even if there is no labor contract, the worker is compensated for double wages.

If the employer is in arrears of wages, the employee can deal with it through the following channels: if the fact of wage arrears is confirmed, he or she may first file a complaint or report to the local labor inspection brigade and request that it be dealt with in accordance with the law; If the employer still fails to pay within the time limit after the labor inspection brigade has made the payment, it may report to the police to investigate the criminal responsibility of the boss in accordance with the law; If there is no conclusive evidence of wage arrears, it is necessary to apply to the labor dispute arbitration commission for labor arbitration. Those who are dissatisfied with the labor arbitration award can also file a lawsuit in the court for resolution. Additional Information:

An employment contract refers to an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations. The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

If you work in a factory without signing a labor contract, you will not be paid your wages in the following ways:

1. After collecting sufficient evidence, you can negotiate with the company to solve the problem;

2. If the negotiation fails, you can report to the labor inspection brigade or apply for labor arbitration;

3. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration statement.

What are the necessary clauses of the employment contract?

The necessary clauses of the employment contract include the following auspicious points:

1. The name, domicile and legal representative or main person in charge of the employer;

2. The worker's name, address and number of resident ID card or other valid certificates;

3. The term of the labor contract;

4. Work content and work location;

5. Working hours, rest and vacation;

6. Labor remuneration;

7. Social insurance;

8. Labor protection, working conditions and occupational hazard protection;

9. Other matters that shall be included in the labor contract as stipulated by the law and regulations.

Legal basis: Article 9 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration.

If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears in medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle the matter in accordance with law.

There are three ways for workers to demand payment of wages owed to workers in the factory: 1. Workers can file a complaint with the local human resources and social security bureau for labor inspection; Pros: Simple way.

Disadvantages: Enforcement may not be very strong in various places; 2. You can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request payment of wages. If you do not have an employment contract, you can demand double the wages of the unsigned employment contract.

If the labor relationship is terminated on the basis of arrears of wages, the employee may also be required to pay severance payments. Advantages: In addition to salary, it is also possible to claim financial compensation, double wages, etc., and it can generally be finally resolved; Cons:

Applying for labor arbitration is a labor lawsuit, which has a slightly more procedure and requires professional guidance. 3. If there is an IOU, it can be counted and omission to sue directly to the court to demand the payment of the salary amount in the IOU. Article 2 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.; Article 50 of the Labor Law stipulates that wages shall be paid in the form of money to the laborer on a monthly basis. Wages shall not be deducted or unjustifiably delayed. Article 18 of the "Interim Provisions on the Payment of Wages" stipulates that the labor administrative departments at all levels have the right to supervise the payment of wages by employers.

If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the worker's wages and economic compensation, and may also order the employer to pay compensation: (1) deducting or delaying the worker's wages without reason; (2) Refusal to pay wages for extended working hours; (3) Paying wages to workers below the local minimum wage standard. The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

Article 82 of the Labor Contract Law of the People's Republic of China If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded. Article 91 of the Labor Law of the People's Republic of China Where an employer infringes upon the legitimate rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation:

1) Deducting or defaulting on the wages of workers without reason.

1. What should I do if the company owes wages and does not sign a contract?

1. If the employer is in arrears of wages without signing a labor contract, the employee may first apply to the labor arbitration institution for confirmation of the de facto labor relationship, and after confirming the de facto labor relationship, he may apply to the court for a payment order or apply for labor arbitration to recover wages.

2. Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China [Labor Remuneration] The employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract and national regulations.

If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

(2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts;

(3) Disputes arising from removal, dismissal, resignation, or resignation;

(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

(5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

2. What is the basis for judging the de facto labor relationship?

1. The employer and the worker meet the subject qualifications stipulated by laws and regulations. State organs, public institutions, social organizations that implement the labor contract system, and public institutions that implement the labor contract system in accordance with regulations, and public institutions that implement enterprise management may become qualified employers under the Labor Law.

2. The labor rules and regulations formulated by the employer in accordance with the law shall apply to the laborers, and the laborers shall be subject to the labor management of the employer. In accordance with the provisions of the Labor Law, the rules and regulations formulated by the employer through democratic procedures do not violate national laws, administrative regulations and policies, and have been publicized to the employees, may be used as the basis for the people's court to hear labor dispute cases.

3. Engage in paid labor arranged by the employer. The labor relationship in the Labor Law refers to the legal relationship formed by the employer paying labor remuneration to the employee and the employee providing professional labor.

4. The labor provided by the worker is an integral part of the employer's business. This point reflects the long-term cooperative relationship between the employer and the employee, that is, the employee must work for the employer for a certain period of time, otherwise it is a general employment relationship.

We can understand that if the employer is in arrears or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law. I hope the above content can be helpful to you, if you have any other questions, you can click the button below to consult, or consult a professional lawyer.

If the employer does not sign a labor contract with the employee, and the employee is in arrears of wages, it is an illegal act, and you can report it to the labor inspection brigade and ask the employer to pay double the salary. When using the law** to protect rights, you need to prepare relevant evidence, such as the company's pay slips, punch-in records, tooling, etc.

It is illegal not to sign an employment contract, and the employer can be required to pay double wages for up to 11 months. In terms of evidence, it is sufficient to prove the employment relationship, such as pay slips, punch-in records, tooling, work information, colleague testimony, etc. Wages shall be paid in accordance with the contract, including basic salary, bonuses, allowances, commissions and other expenses.

It is illegal to delay or withhold wages, and full payment may be required. More than 15 days after the salary payment date agreed in the contract is considered arrears.

The company's arrears of wages can be resolved in the following ways: First, first go to the company's leaders to negotiate and ask for the arrears of wages. If the company continues to default, ask the reason for the default, and if it is because the company is temporarily unable to turn around, ask the company to issue an IOU.

Secondly, if the negotiation with the company is fruitless, then go to the local labor inspection department to file a complaint and let the labor inspection brigade deal with it, and the general problem can be solved here. Finally, if the labor inspection team fails to deal with it, then it is necessary to collect relevant evidence and go to the local labor arbitration commission for labor arbitration.

1. How to report not signing a labor contract?

If the company does not sign a labor contract, it can report and complain to the labor inspection brigade. Labor disputes can only be arbitrated first, and lawsuits can be filed if they are not satisfied with the arbitration results. Direct prosecution is not accepted by the court.

The outcome of the arbitration has no impact on the litigation. If there is no labor contract, it is necessary to provide evidence that can prove the existence of an employment relationship with the employer, such as salary card, attendance card, etc. Those who do not have a labor contract and have worked in the company for no more than one year can claim double salary compensation from the second month of employment.

Contracts longer than one year are considered to be indefinite.

An indefinite-term employment contract refers to an employment contract in which the employer and the employee agree on an indefinite termination time. If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.

If the company does not sign a labor contract for the employee after joining the company, and there is still a wage arrears, the employee can report to the labor inspection team, or apply for labor arbitration at the labor arbitration institution, or solve the problem by filing a lawsuit in the court. Failure to sign an employment contract in accordance with the regulations is not conducive to the development of the company, because the company needs to pay employees twice the salary every month.