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If, after resignation, the employee has evidence to prove that the employer's bonus and meal allowance are not paid, the employee may file a complaint with the local labor inspection department or apply for labor arbitration.
If an employer owes an employee wages, the employee has three ways to request payment of wages:
1. Workers can file complaints 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 termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.
Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.
3. If there is an IOU, you can directly sue the court to demand the payment of the salary amount in the IOU.
Article 2 of the Law 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 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 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 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.
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If it can't be resolved, of course, you can apply for labor arbitration, but the possibility of protection is not great, and if the meal allowance is included in the wage schedule, you can ask for it.
It doesn't matter, I just want to gossip with you.
As you mentioned, it's not a lot of money, but you've always looked down on the company's boss.
There is a saying, blessed land blessed habitat, if a unit does not have a good leader, it must not be a blessed land, work will not be pleasant, rather than struggling in pain, it is better to walk away in style, therefore, I agree with your wise decision.
Blessed people live in blessed land, that is to say, if you do well, you are a blessed person, and when you enter the next unit, you must be stronger than this unit, because when you choose a unit, you will definitely consider the leadership factor, which is also an experience.
There is another sentence, don't be angry with others. If a dog bites you, do you want to bite a dog?
You're unconsciously punishing yourself because you're hurting yourself with someone else's mistakes.
Look at this situation again, it's like watching a play, how they play monkeys, you just have to watch, if you don't want to watch, don't applaud, but you will be angry with the monkeys.
Laugh at everyone, laugh at everything, your life is full of sunshine, what else will affect you, the world will be bright, will there be dark clouds blocking your eyes?
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If you file a case with this alone, you can do it, but you have to have sufficient evidence to prove it, in fact, it is more difficult to provide evidence, I have encountered this case at the beginning, and it is also about welfare, I remember that at that time, it was all rejected because the applicant's evidence was insufficient. However, you can still file a case, and if your evidence is sufficient to prove your claim, it will still be supported, and it is difficult to ......say how much
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Hello, I am glad to answer for you You can apply for labor arbitration. If there is a dispute over wages after the employee leaves the company, the statute of limitations for labor arbitration is one year. According to Article 27 of the Labor Arbitration Law, the limitation period for applying for arbitration of labor disputes is one year.
The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed. The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.
Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reason for the suspension of the statute of limitations is eliminated. If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.
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According to Article 36 of the Labor Contract Law, the employer and the employee may terminate the labor contract if they reach a consensus through consultation. Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
Therefore, if the employer is not at fault, the probationary period is advanced by three days, and the contract is terminated by one month before the formal employment, of course, if both parties agree to terminate the contract. Regarding the issue of meal allowance, it is divided into two situations: first, if the meal allowance is included in the contract or rules and regulations, or if the meal allowance has the nature of wages, is fixed and long-term, and is included in the total salary, and is not paid now, it is suspected of reducing wages in disguise, and you can file a complaint with the labor bureau for handling.
Second, if the meal allowance is only a benefit, there is no explicit provision, and it is only temporary, based on the embodiment of the unit's self-management right, you have no right to claim.
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Employees can enjoy the benefits during normal work, and after the employee submits to resign, he can enjoy this benefit of the unit while still working in the unit, and the employer should pay it. If there is a dispute with the employer, the employee can file a complaint with the labor inspection brigade or apply for labor arbitration to protect his rights.
In accordance with the Law on Mediation and Arbitration of Labor Disputes
Article 2 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, medical expenses for work-related injuries, economic compensation or compensation, etc.;
6) Other labor disputes as stipulated by laws and regulations.
Interim Regulations on the Payment of Wages
Article 18 The labor administrative departments at all levels shall 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 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 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
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