I have left my job, but the reimbursement money has not been paid

Go back to him, do you have any documents to keep?

The employee should keep the relevant evidence during the reimbursement period and file a complaint with the local labor inspection department or apply for labor arbitration.

1. If you work for an employer, there are two ways to ask for 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 (labor dispute arbitration committee of the human resources and social security bureau) and demand the 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.

2. If it is a job for an individual, it is not considered an employment relationship, and you can directly go to the court to sue the individual boss and demand payment of labor remuneration.

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.

Legal analysis: If the resignation reimbursement fee is not paid, you can report to the labor inspection brigade or apply for labor arbitration. First of all, it is necessary to prove the existence of an employment relationship and the amount of arrears of wages, including the employment contract, wage payment certificate, etc.

If no employment contract has been signed, the work permit, the employer's recruitment registration form filled out by the employee, attendance records, testimony of other employees, audio recordings, etc., can be used as evidence. In addition to paying the employee's wages in full, an additional severance equivalent to 25% of the wages and remuneration shall be paid to the employee in case of malicious wage arrears. After having sufficient evidence, you can negotiate with the boss to settle the matter, and if the negotiation fails, you can go to the labor inspection brigade to defend yourself or apply for labor arbitration.

If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.

Legal basis: Article 10 of the Labor Contract Law of the People's Republic of China establishes a labor relationship, and a written labor contract shall be concluded. 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. Article 11 Where the employer fails to conclude a written labor contract at the same time as employing the employee, and the labor remuneration agreed upon with the worker is not clear, the labor remuneration of the newly recruited worker shall be implemented in accordance with the standards stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented.

Post-employment reimbursement will be treated as follows

1. If the employee has direct evidence of the non-reimbursement of expenses during the company's working period, the employee can let the company pay for the expenses that have not been reimbursed, and if the reimbursement is not given after leaving the company, it is a labor dispute, and the employee can negotiate with the employer first, and if the negotiation fails, he can apply for labor arbitration;

2. The employer shall settle the employee's salary, travel expenses and other expenses together before the resignation procedures are completed, and it is illegal for the employer to resign in arrears. The employee may request reimbursement from the employer in a timely manner. If the employer does not make a reimbursement, it may file a complaint with the labor inspection department or 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.

[Legal basis].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 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.

Legal analysis: According to the relevant laws of China, if the reimbursement is not paid after leaving the company, it is a labor dispute, and the employee can negotiate with the employer first, and if the negotiation fails, he can apply for labor arbitration.

Legal basis: Law of the People's Republic of China 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.

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, and if they are unwilling to mediate, or if the mediation fails, or if they fail to perform after reaching a mediation agreement, they may apply to the labor dispute arbitration commission for arbitration, and if they are dissatisfied with the arbitration award, they may file a lawsuit with the people's court except as otherwise provided in this Law.

Legal analysis: If the company does not reimburse if you want to resign, it is a labor dispute, and the employee can negotiate with the employer first, and if the negotiation fails, he can apply for labor arbitration. After the employee leaves the company, the employer shall settle all the wages of the employee in a lump sum when the labor contract is terminated.

Legal basis: Law of the People's Republic of China 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 compensation, medical expenses for work-related injuries, compensation or compensation for economic disturbances, etc.; 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.

[Legal Analysis].The employee should keep the relevant evidence during the reimbursement period and file a complaint with the local labor inspection department or apply for labor arbitration.

[Legal basis].Law of the People's Republic of China 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, and (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.

After the employee leaves the company, the employer should settle the salary in a lump sum when the labor contract is terminated, and some employers will not pay the employee in arrears. If the reimbursement is not paid after leaving the company, it is a labor dispute, and the employee can negotiate with the employer first, and if the negotiation fails, he can apply for labor arbitration. The following is an answer to the relevant knowledge for the reader.

1. What should I do if the reimbursement is not paid after leaving the company?

1. According to the relevant laws of China, if the reimbursement is not paid after leaving the company, it is a labor dispute, and the worker can negotiate with the employer first, and if the negotiation fails, he can apply for labor arbitration.

2. Legal provisions: "Labor Dispute Mediation and Arbitration Law of the People's Republic of China".

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.

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.

Second, what are the consequences of resignation and not issuing a resignation certificate?

First of all, the employer has the obligation to provide a resignation certificate if the employee is unable to resign according to the regulations. Otherwise, the employer will bear the following legal consequences:

1. To bear administrative responsibility, the labor administrative department shall order corrections;

2. To bear the liability for compensation, if the damage caused to the laborer, the liability for compensation.

Secondly, if the employee does not obtain a resignation certificate when he resigns, he cannot prove that there is no employment relationship with the original employer, which will directly affect the search for the next job.

1. Go to the labor inspection department to complain;

2. Apply to the Labor Arbitration Commission for arbitration;

3. Go to the court to file a lawsuit.

However, if the employer does not admit it, the employee needs to provide evidence to prove that the employer refused to issue the resignation certificate, and if the employee suffers a loss of a new job, the following evidence can be provided:

1. Letter of resignation submitted by the employee;

2. The "Resignation Handover Form" obtained by the employee before the resignation from the original unit;

3. The labor contract between the worker and the new unit.

According to the provisions of the relevant laws of our country, if the reimbursement is not given after leaving the company, it is a labor dispute, and the worker can negotiate with the employer first, if the negotiation fails, he can apply for labor arbitration, if he needs legal help, he is welcome to provide legal advice.