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Find the labor inspection brigade where the company is located, and your contract should be filed with the labor bureau there.
If you are in arrears of wages, you can call 12333** to complain if you do not pay wages or deduct wages, which is the ** of 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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Legal analysis: If the employer deducts or defaults on the employee's wages, the employee may file a complaint with the Labor and Social Security Supervision Brigade against the employer. When you go to the Labor Inspection Brigade to complain, bring:
The labor and social security supervision brigade shall issue corrections within a time limit for the employee's ID card, the full name of the employer, the name and contact information of the person in charge**, and the relevant evidence that can prove that the employee works at the employer. If it is not executed within the time limit, apply to the court to compel the execution of the roll. At the same time, if you fail to make corrections within the time limit, the employee can claim that the employer should pay you 50%-100% of the amount of wages in arrears.
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.
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OK. If the employer is in arrears of wages, if it cannot be resolved through negotiation, it can file a complaint with the local labor inspection department or apply for labor arbitration, and if there is any objection to the award, it can file a lawsuit with the people's court. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:
1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;
2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;
3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;
4) Attendance records;
5) Testimony of other workers, etc. Therefore, the worker or the labor and social security department can prove or confirm from the above aspects. In judicial practice, the employment relationship can also be proved by using the company's business transaction documents, audio recording evidence, etc.
Legal basis: 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 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 at a rate lower than the local minimum wage standard; (3) arranging overtime work and not 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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The Labor Bureau is not allowed to ask for wages in other places. Labor disputes generally belong to territorial jurisdiction, and if a dispute arises over wages, it shall file a complaint with the local labor bureau or the labor dispute arbitration committee for arbitration, and cannot file a complaint or apply for arbitration to the labor administrative department in another place.
Article 5 of the Labor Dispute Mediation and Arbitration Law provides that in the event of a labor dispute, if the parties are unwilling to negotiate, the negotiation fails, or the settlement agreement is not performed, 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 the arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided for in this Law.
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If the employer defaults on wages without reason, the worker can file a complaint with the local labor inspection department or apply for labor arbitration. If wages are not paid in a timely manner, there are two ways to claim wages:
1. Workers can complain to the local labor 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 local labor bureau and demand payment of wages. If you do not have an employment contract, you can also demand double the salary for not signing a liquid distribution 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.
Legal basis: Provincial wage payment regulations. For example:
Article 13 of the Regulations of Guangdong Province on the Payment of Wages stipulates that if an employer terminates or dissolves a labor relationship with an employee in accordance with the law, the employer shall settle the labor relationship and pay the employee's wages in a lump sum on the day of termination or dissolution of the labor relationship. Article 33 of the "Shandong Provincial Provisions on the Payment of Wages to Enterprises" stipulates that if an enterprise dissolves or terminates a labor contract with a worker in accordance with the law, the enterprise shall pay the wages due to the worker in a lump sum when the labor contract is terminated or terminated.
Of course, I will choose to go home, my family is my warmest support, if I work in the field all the year round and do not often go home, I must go home more when I have time in the future, and talk to them more.
Oh, I used to be out of town by myself, and I was away for five years. When you're alone, you can do things that you don't usually have time to do. For example, sing a song, look at your favorite books, and play your best friend. Mom and Dad.