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If you are in arrears of wages, you can call 12333<> to complain, which is the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade.
Since the company fails to pay labor remuneration on time, the party concerned may apply for termination of the labor contract and labor relationship, and demand economic compensation. The parties concerned may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages, and if the labor inspection brigade fails to coordinate with the employee, the worker may apply for labor arbitration.
Article 85 of the Labor Contract Law: In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable
1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;
2) Paying wages to workers at a rate lower than the local minimum wage standard;
3) arranging overtime work without paying overtime pay;
4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
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If you have not signed a contract, you can go to the labor bureau to sue him.
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Legal analysis: If the boss does not pay the salary, the salary can generally be recovered through coordination, complaints, and arbitration. If the negotiation fails, the employee can file a complaint with the labor inspection of the local labor bureau, or apply to the local labor bureau for arbitration to demand payment of wages, and can also apply to the court for a payment order or directly go to the court to file a labor lawsuit to recover his own wages.
Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the worker himself in the form of money on a monthly basis. No wages shall be deducted or owed to workers without reason.
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1. Wage arrears without reason.
Article 50 of the Labor Law of the People's Republic of China stipulates that "wages shall be paid to the worker himself in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
The term "unjustified arrears" here should be understood to mean that the employer deliberately fails to pay the employee's wages within the specified time without justifiable reasons. The Ministry of Labor's "Supplementary Provisions on Issues Concerning the Interim Provisions on the Payment of Wages" has made an exclusionary provision for "unjustified": "unjustified" wages of workers do not include:
1) The employer is unable to pay wages on time due to natural disasters, wars and other reasons that are not resisted by human resources;
2) If the employer is really affected by production and operation difficulties and capital turnover, it may, with the consent of the labor union of the unit, temporarily overdue the payment of employees' wages, and the maximum limit of 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 according to the local situation. In all other cases, unjustified arrears of wages are non-refundable.
Second, the solution.
1. For this kind of illegal behavior, the easiest way is to complain to the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the "Labor and Social Security Supervision Regulations" in accordance with the law, and order it to pay the arrears of wages.
2. In accordance with the provisions of Article 30 of the Labor Contract Law, 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.
3. The most effective is to apply for labor arbitration directly to the local labor administrative department (no fees, no lawyer), and claim compensation from the unit through the award issued by labor arbitration, and if it is not compensated, it can be applied to the court for enforcement.
4. If the labor arbitration is not accepted or the arbitration is unfair, a civil lawsuit can be filed with the court within 15 days and directly executed through the court judgment.
5. While claiming wages in the above ways, you can also request the employer to pay you additional compensation according to the standard of 50% to 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law.
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Don't be afraid if the boss doesn't pay you, there are laws to protect you, and if necessary, take the boss to court.
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Go to the labor bureau to complain, let the labor bureau punish the boss, you can also apply for labor arbitration, and the salary will be paid to you soon!
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If the boss does not pay the salary, it is a violation of the labor law, and you can file a complaint with the local labor arbitration or labor inspection department. Any kind of labor should be compensated accordingly.
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Find a few reliable friends or family members, go to the door every other to ask for salary, talk to the boss well, hard work pays off, after a long time, the boss is annoyed, it will be given to you, really, I have experienced it myself.
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If the negotiation fails, the only way to file for arbitration is to apply to the local labor bureau
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Sue him or admit that he is unlucky.
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Legal analysis: you can negotiate and mediate with the boss first; If the negotiation fails, you can file a complaint with the local human resources and social security bureau for labor inspection; or apply for arbitration at the Labor Dispute Arbitration Committee of the Local Human Resources and Social Security Bureau; If you really can't, you can sue the court and ask for wages. The specific method of most effective jurisdiction depends on the wishes of the parties.
Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the worker himself in the form of money on a monthly basis. 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 legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:
1) Withholding or defaulting on the wages of workers without reason;
2) Refusal to pay wages for extended working hours;
3) Paying wages to workers at a rate lower than the local minimum wage.
The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
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 and termination of a pure labor contract;
3) Regret arising from 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.
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Legal analysis: If the boss does not pay the wages and fails to negotiate and demand, he can complain to the labor administrative department and apply for labor arbitration to protect his rights. If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or by defaulting on medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with law.
Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee 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.
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Labor Law of the People's Republic of China
Article 91.
If an employer infringes upon the lawful 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) Those who deduct or mu-type are in arrears of wages for no reason;
2) Refusal to pay wages and remuneration for extended working hours;
3) Paying wages to losers in labor at a rate lower than the local minimum wage standard;
4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.
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If the boss is in arrears of wages, first negotiate with the boss to settle it, and if the negotiation fails, you can complain to the local labor bureau. You may also apply for labor arbitration, and if you are not satisfied with the arbitral award, you may file a lawsuit with the people's court.
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The boss doesn't pay you, first you can ask him. If you really don't give it to you in the end, you can sue him through the law.
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10 yuan, take care of your boss The boss does not pay wages, does not pay social security, does not pay overtime pay, etc., in addition to being troublesome, workers are afraid of spending money to fight lawsuits, here, lawyer Pan can clearly tell you, first of all, labor arbitration is free.
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Collect evidence and go to the relevant departments to find out.
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