The hotel is in arrears of wages and has no contract, and the boss says that there is no money to pa

If the employer is in arrears of wages, it may seek recourse in the following two ways:

1. Lodge a complaint with the Labor Inspectorate.

According to Article 85 of the Labor Contract Law and Article 9 of the Labor Dispute Arbitration and Mediation Law, if an employer is in arrears or fails to pay labor remuneration in full, it may file a complaint with the labor inspectorate, which shall accept it and order the employer to pay within a time limit. If the payment is not made within the time limit, it shall be ordered to pay compensation according to 50 to 100 percent of the amount in arrears.

Complaints to the labor inspection can be made verbally or in writing, and the employer needs to submit his or her ID card and evidence of the employer's arrears of wages.

2. Apply for labor dispute arbitration.

Labor dispute arbitration is an effective way to recover labor remuneration and can generally be finally resolved. Labor dispute arbitration shall be under the jurisdiction of the labor dispute arbitration commission at the place where the employer is domiciled or where the labor contract is performed, and the application for labor dispute arbitration shall be submitted with a copy of the arbitration application and one copy of the applicant's ID card; 2 copies of relevant evidence and a list of evidence; In some areas, it is also necessary to provide the business registration information of the employer. The statement of claim for arbitration shall contain the following particulars:

1) The name, gender, age, occupation, work unit, address, mailing address and contact ** of the worker, the name, address, mailing address, contact ** of the employer, and the name and position of the legal representative or the principal responsible person;

2) the claim for arbitration and the facts and reasons on which it is based;

3) Evidence and evidence**, names and addresses of witnesses.

If a copy is submitted, the original copy shall be submitted to the arbitration commission for inspection.

If the employer does not pay wages, the worker can report to the police, but the easiest way is to complain to the local labor law enforcement and supervision brigade, supervise and inspect the employer in accordance with the law, and order it to pay the arrears of wages. In accordance with the provisions of relevant laws, if the employer is in arrears or fails to pay the labor remuneration in full, the employee can also directly apply to the local labor administrative department for labor arbitration, and claim wages from the company through labor arbitration.

Legal analysisIf the employee has a de facto labor relationship with the employer, and the employer is in arrears of wages, the employee shall first file a complaint with the local labor bureau, and if the employer still fails to pay after being notified by the labor bureau, it may report to the police and accuse the boss of illegal and criminal acts. The relevant laws clearly stipulate that the employer shall pay the labor remuneration in full and in a timely manner in accordance with the provisions of the state and the labor contract. Wages shall be paid to the worker in monetary form on a monthly basis, and wages shall not be deducted or owed to the worker without reason.

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) deducting or delaying the worker's wages without reason; (2) Refusal to pay wages and remuneration for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard; (4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law. If the employer is in arrears of wages and has not signed a contract, as long as the labor relationship can be proven, he can file a complaint with the local labor inspection brigade and ask the employer to pay the wages.

The materials to prove the labor relationship include: (1) wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums; (2) Work permits, service certificates, and other documents that can prove the identity of the workers issued by the employer; (3) Recruitment records such as the employer's recruitment registration form and registration form filled in by the worker; (4) Attendance records; (5) Testimony of other workers, etc. 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.

Legal basisArticle 50 of the Labor Law of the People's Republic of China 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.

If the employer is in arrears of wages and has not signed a contract, if the contract has not been signed for more than two years, it may apply for labor arbitration, and if the employer is required to pay twice the wages of the unsigned contract, the arrears of wages may be complained to the local labor inspection brigade. The materials proving the employment relationship can be provided:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

(2) Work permits, service certificates, and other documents that can prove the identity of the workers issued by the employer;

(3) Recruitment records such as the employer's recruitment registration form and registration form filled in by the worker;

(4) Attendance records;

5) Testimony of other workers, etc.

For such a boss, the worker can go to the labor bureau inspection brigade to report the facts, and the labor inspection brigade will have staff to supervise and ask for wages, and the staff who have not signed the contract will also negotiate a solution.

Go to the local labor department to complain and bring proof of work, such as payroll certificate, attendance, work permit, etc., which can prove that you work for the company.

If the hotel does not pay wages in arrears, and there is no prerequisite for signing a contract, the best way is to find the local labor inspection brigade to complain and ask them to help you defend your rights and ask for wages.

Wage arrears can be complained to the local labor inspection department or by calling **12332 to complain and resign on this ground, and at the same time ask for severance payments. If the labor contract has not been signed for more than one month and less than one year, you can ask for double wages.

Take your punch record and pay slip tooling, go to the labor bureau, apply for arbitration, you can probably get several times your salary, if he doesn't want to, you go directly to the court to sue, after the court judgment, apply for wallpaper enforcement.

As long as there is a certificate or other proof that you are practicing there, you can go to the local labor arbitration commission to apply for labor arbitration to protect your legitimate rights and interests.

You can find a legal lawyer to solve it, he can help you solve the labor dispute and give help and support, and he can solve it according to the labor law.

It's hard to say that you didn't sign a contract, but do you have a pay slip or a certificate of transfer for you? Then you can go to the local labor office and find someone in the labor office to consult you about how to solve the problem. The people in the labor bureau will give you clear answers, and they are very detailed.

Legal analysis: If there is no labor contract, as long as there is evidence that can prove the existence of an employment relationship, you can apply to the local people's court for a payment order.

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.

Labor Contract Law of the People's Republic of China

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 longer hours, they shall be paid wages and remunerations of 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) Where 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.

Wage arrears are a common problem that you can solve by the following methods: 1. Report the hardship to the labor administrative department (usually the labor management inspection brigade). 2. You can also apply for arbitration directly (the arbitration fee is 200-300 yuan, and if you win, the company will bear all of it).

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 case of arbitration or litigation, you may request that in addition to the full payment of the wages and remuneration of the worker within the specified time, an additional compensation equivalent to 25% of the wages and remuneration shall be paid. (See the reference section for the specific legal basis).

Article 10 of the Labor Contract Law stipulates that a written labor contract shall be concluded for the establishment of an employment relationship. 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.

In the case of arrears of wages by the employer, the employee shall first negotiate with the employer, and if the negotiation cannot be resolved, the employee can resolve the matter through the following legal means:

1) Complain and report to the local labor and social security inspection agency;

2) To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application should be submitted to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute;

3) Resolve through litigation.

At the same time, if the hotel owner has not signed a labor contract, the worker can also demand double the salary.

So how do you apply for labor arbitration?

1. The labor arbitration process is as follows:

1. Submit the arbitration complaint and related materials to the labor dispute arbitration commission;

2. The labor dispute arbitration commission decides whether to accept it;

3. Within five days after the Labor Dispute Arbitration Commission accepts the application, a copy of the arbitration application shall be served on the applicant who has been complained of major malpractice; 4.The respondent submits a statement of defence;

5. Arbitral tribunal hearing and mediation;

6. Make a ruling.

2. The materials to be provided to apply for labor arbitration are as follows:

1) Application for labor arbitration;

2) The industrial and commercial registration information of the employer;

3) A copy of the worker's ID card;

4) Evidentiary information. (e.g., labor contracts, pay stubs, badges, clock-in records, witness testimony of colleagues, etc.).

To sum up, if there is no hotel owner who is in arrears of wages, he can defend his rights through negotiation, complaint or labor arbitration, even if he does not sign a contract, as long as it can be determined that there is a labor and rolling Liang family relationship, have you learned?

Legal basisArticle 82 of the Labor Contract Law of the People's Republic of China If a slag chain 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 twice the monthly salary to the employee.

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.

If the boss is in arrears of wages, the employee can leave the job at any time and request the employer to issue resignation procedures. The arrears of wages can be resolved through negotiation, and if the negotiation fails, the problem can be resolved through arbitration or litigation. If the employer does not sign a labor contract, Peiheng will pay double the wages to the employee.

Article 5 of the Labor Dispute Arbitration Law.

In the event of a labor dispute, if the parties are unwilling to cooperate with the company, 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.