The boss does not have a business license for the time being, and can he complain to the department

If the employer defaults on its wages, the employee may file a complaint with the local labor inspection department or apply for labor arbitration. 1. If you work for an employer, there are two ways to request payment of wages: 1. The worker can file a complaint with the labor inspection of the local human resources and social security bureau; Pros:

It's simple. 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 termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments. Pros:

In addition to wages, financial compensation, double wages, etc., can also be claimed, and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance. 2. If it is a job for an individual, it is not considered an employment relationship, and you can directly go to the court to sue the individual boss and demand payment of labor remuneration.

Article 2 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China 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.; Article 50 of the Labor Law stipulates that wages shall be paid to the worker himself on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed.

Article 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the lawful 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) Withholding or defaulting on the worker's wages without reason; (2) Refusal to pay wages for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard.

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

If the boss does not have a business license, he will go to the labor bureau if he does not pay his salary, and the labor bureau will not accept it. The Labor Bureau accepts labor relations.

or labor contract disputes, you can apply for labor arbitration.

to be resolved. Without a business license, it is illegal to operate, and the relationship with the boss is not a labor relationship but a labor or employment relationship.

Legal analysis

A lawsuit may be filed in the people's court for resolution in accordance with law. It is recommended to negotiate with the boss to deal with it, and if the negotiation fails, a lawsuit can be filed in accordance with the law, requesting that the boss be ordered to pay the arrears or deducted wages. Unjustified wage arrears.

Unjustified arrears of wages refers to the behavior of the employer in arrears of wages to the employee without any legal or even reasonable reason, and the act of delaying or failing to pay the employee's wages in full beyond the prescribed time limit. Wage arrears are illegal, and if there is a contract between the parties, the party owed can take the other party to court, but it should be noted that legal methods must be taken to protect their legitimate rights and interests. Kidnapping or threats cannot be used.

The employer encounters a natural disaster that cannot be resisted by human resources.

war and other reasons, unable to pay wages on time; If an employer has difficulties in production and operation and its capital turnover has been affected, it may, with the consent of the labor union of the employer, temporarily overdue the payment of wages to the employee, and the maximum limit on the extension period may be determined by the labor and social security administrative departments of each province, autonomous region or municipality directly under the Central Government in accordance with the local situation. In all other cases, unjustified arrears of wages are non-refundable. Failure to have a business license is an illegal employment and should be borne by the investor.

Legal basis

Interim Provisions on Payment of Wages.

Article 7 Wages must be paid on the date agreed between the employer and the worker. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.

Labor Dispute Mediation and Arbitration Law of the People's Republic of China 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 the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may submit the mediation agreement to the labor dispute arbitration commission.

apply for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

If this happens, you should work with other workers who are in arrears of wages to collect and retain specific facts and conclusive evidence of wage arrears, and send representatives to the local labor inspection department with jurisdiction to report and complain, and ask them to help you collect the arrears of wages. If the problem is still not resolved or you are not satisfied with the outcome, file a lawsuit in court. Be careful to remain calm and restrained, and do not engage in other conflicts with the other party with excessive behavior.

A company without a business license is illegal, and its employment is also illegal, and you can report to the relevant departments that the payment of wages must protect your legitimate rights and interests through legal channels.

The boss doesn't have a business license and is in arrears of wages, what should you doHello, don't care about the business license of the battalion department, you can take your own salary back first.

Go to labor arbitration reactions, and go to the tax office.

Legal analysis: 1. Negotiate with the boss. In order to save time and energy, it is recommended to try to negotiate directly with the boss first.

2. Complain to the labor department. When complaining, it is usually to go to the labor inspection department, and after the complaint, the boss will order the boss to pay wages in a timely manner. 3. Find a labor arbitration institution for arbitration.

If an employee is found to be in arrears of wages, the employee will not be subject to the statute of limitations for arbitration if he or she is found to be in arrears of wages, and once he or she leaves the company, he or she must file a claim within one year from the date of termination of the employment relationship. 4. Find a court to file a lawsuit. If it is found that the salary cannot be recovered after the above methods, then the employee can finally go to the court to file a lawsuit.

Legal basis: Article 48 of the Labor Law of the People's Republic of China The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record.

The wages paid by the employer to the employee shall not be lower than the local minimum wage.

Contract Law of the People's Republic of China on Residual Mobility Contracts

Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and in a timely manner. 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 44 Under any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) If the workers are arranged to work for an extended period of time, they shall be paid wages and remunerations not less than 150 percent of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) If a worker is assigned to work on a statutory holiday, the company shall pay a wage remuneration of not less than 300% of the wage.

Legal analysis: Without a business license, it is an illegal operation.

Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the worker in the form of money on a monthly basis. The wages of workers shall not be deducted or unjustified.

Interim Provisions on Payment of Wages Article 7 Wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages shall be paid at least once a month, and wages must be paid on a monthly basis if weekly, daily and hourly wage systems are implemented".

If the agreed wage payment date is exceeded, it shall be regarded as arrears of wages.