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1. This is a typical phenomenon of wage arrears, and the boss must pay the wages in full and bear the corresponding compensation.
2. If the wages are in arrears, it does not matter if there is no evidence, because the worker does not have the burden of proof in this regard, and objectively there is no condition for proof. Therefore, in the event of such problems, the labor arbitration department will require the employer to provide evidence, and if the employer is unable to provide evidence, it will agree with the employee's opinion.
3. If the employee violates the rules or causes losses to the enterprise, the enterprise can impose economic penalties, but it must be in accordance with the rules and regulations of the enterprise. In addition, in any case, the maximum amount of financial penalty cannot exceed 20% of the employee's monthly salary, and the remaining salary cannot be less than the local minimum wage. So, your friend's money won't be deducted a lot, plus the boss has been in arrears for a long time, and compensation should be paid, and your friend should not get less than the total amount owed.
4. In this case, you need to apply for support from the local labor bureau. Since the situation is simple, it is easy to deal with and there is no need to worry.
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Standing on the roof.
**I have repeatedly ordered that I cannot default on the wages of migrant workers, but I still haven't received my wages.
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Complain to the Labor Arbitration Commission or call the mayor on 12345**.
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Apply for support directly from your local Labor and Social Security Bureau.
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What should a worker do if he has been leaving his job for 4 months and has not received his salary?
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Legal Analysis:1Report to the labor administrative department.
2.It is also possible to apply directly for arbitration. 3.
If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after obtaining the arbitration letter. 4.According to the provisions of the state, in the event of arbitration or litigation, you may request that in addition to the full payment of the employee's wages and remuneration within the specified time, an additional severance of 25% of the wages and remuneration shall be paid.
Legal basis: Labor Law of the People's Republic of China Article 50 Wages shall be paid to the workers themselves on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed.
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Legal analysis: 1. Negotiated settlement. 2. Report to the labor administrative department (usually the labor inspection brigade of the district where the unit is located) 3. You can also directly apply for arbitration. 4. File a lawsuit directly with the court.
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 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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If the worker does not receive his wages, he or she may negotiate with the spine office of the unit and ask him to pay the worker on the date agreed upon by both parties and when the cherry blossoms are hidden; If the employer fails to pay within the time limit, the worker can directly go to the labor bureau to report and complain; or by applying for arbitration in accordance with the law to claim wages.
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Hello, it's a pleasure to answer for you; How to deal with not getting wages: 1. Report to the labor administrative department; 2. Apply for arbitration to the Labor Arbitration Commission; 3. If the employer is not satisfied with the arbitration result, it shall file a lawsuit in the court within 15 days after obtaining the arbitration document, and Article 85 of the Labor Contract Law stipulates that if the employer falls under 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 the employee 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) Failure to pay the employee's labor remuneration 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 lower than the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating the labor contract in Naling, and failing to pay economic compensation to the worker in accordance with these Regulations.
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If the salary is not paid, the employer should be complained or sued. If the employer is in arrears of wages, the employee may file a complaint with the labor inspection department or apply to the labor dispute arbitration commission for labor arbitration. When making a complaint, a copy of the applicant's ID card and evidence of the relevant arrears of wages should be provided.
If the employee still fails to pay after being ordered, the employee may request the employer to pay compensation. Standard: Between 50% and 100% of the amount payable.
When applying for labor arbitration, the employee may request the termination of the employment relationship at the same time, and request the employer to pay economic compensation. 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 85 of the Labor Contract Law stipulates that if an employer falls under any of the following circumstances, the labor administrative department shall order it 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 lower than the local minimum wage standard;
(3) Arrange 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. Article 2 of the Labor Dispute Mediation and Arbitration Law 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 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, work-related injuries, medical expenses, economic compensation, or compensation;
6) Other labor disputes as stipulated 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 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 apply to the Labor Dispute Arbitration Commission 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.
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Legal Analysis:1Report to the labor administrative department.
2.It is also possible to apply directly for 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 letter.
4.According to the provisions of the state, in the event of arbitration or litigation, you may request that the wages and remuneration of the employee be paid in full within the prescribed time, and that an additional economic compensation equivalent to 25% of the wages and remuneration be paid.
Legal basis: Article 7 of the Interim Provisions on the Payment of Wages shall 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 are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.
According to the law, a complaint can be filed with the Labor Inspection Brigade, an application to the Arbitration Commission for arbitration, and a lawsuit filed in court. If you do not repay the money after receiving the verdict, you can report the case to the public security and pursue criminal responsibility.
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