The company owes me two months wages, how can I sue me, I can get it

Updated on society 2024-02-29
8 answers
  1. Anonymous users2024-02-06

    The first step is to collect relevant evidence that you have worked in the company, labor contracts, work documents, work photos, work records, etc., the more the better, the more beneficial it is for you, if you have not signed a labor contract, you can ask for compensation of double wages every month, if you have worked for one year, there is no more, and the law acknowledges that you have signed the contract.

    The second step is to go to the labor supervision brigade or squadron to submit evidence, because the labor bureau will not accept it as soon as possible, but to go to the labor supervision brigade to complain first, and let the labor supervision brigade mediate, it is not mandatory, you can only go to the company to mediate, so that the company knows the seriousness of the arrears, if the mediation is successful, the salary can be recovered, if the mediation is unsuccessful, you can only proceed to the next step.

    The third step is to go to the labor bureau to apply for labor arbitration, first go to the industrial and commercial bureau to print the company's information, ask the industrial and commercial bureau to stamp, and then copy the evidence in duplicate again, fill in the online ** application form according to the requirements of the labor bureau, fill in the relevant information, and file the case with the labor bureau.

    After the labor bureau files the case, it generally has to wait for about 20 days, and the labor bureau will conduct an investigation, which is mandatory, so it will conduct a series of audits, and then you can ask for a series of compensation, including double wages, social security and the like.

    When the labor bureau reviews the end, if the salary has not been paid, it will be processed.

  2. Anonymous users2024-02-05

    Summary. Hello, if a private employer can leave at any time, the arrears of wages can be resolved through negotiation, which cannot be resolved through arbitration or litigation. Even if there is no labor contract, the worker is compensated for double wages.

    If the employer is in arrears of wages, the employee can deal with it through the following channels: if the fact of wage arrears is confirmed, he or she may first file a complaint or report to the local labor inspection brigade and request that it be dealt with in accordance with the law; If the employer still fails to pay within the time limit after the labor inspection brigade has made the payment, it may report to the police to investigate the criminal responsibility of the boss in accordance with the law; If there is no conclusive evidence of wage arrears, it is necessary to apply to the labor dispute arbitration commission for labor arbitration. Those who are dissatisfied with the labor arbitration award can also file a lawsuit in the court for resolution.

    Hello, I have seen your question and am sorting out the answer, please wait a while Hello, if the private employer can leave at any time, the arrears of wages can be resolved through the co-distributor, and the negotiation cannot be resolved through arbitration or litigation. Even if there is no labor contract, the worker is compensated for double wages. If the employer is in arrears of wages, the employee can deal with it through the following ways:

    If the fact of wage arrears is confirmed, they may first file a complaint or report to the local labor inspection brigade and request that it be dealt with in accordance with law; If the employer still fails to pay within the time limit after the labor inspection brigade has made the payment, it may report to the police to investigate the criminal responsibility of the boss in accordance with the Qingluan Law; If there is no conclusive evidence of wage arrears, it is necessary to apply to the labor dispute arbitration commission for labor arbitration. Those who are dissatisfied with the labor arbitration award can also file a lawsuit in the court for resolution.

    If mine is helpful to you, I hope you can give me a thumbs up at your convenience, and I wish you a happy life!

  3. Anonymous users2024-02-04

    If the employer sues the employee on other grounds, the employee should actively participate in the response to the labor arbitration, collect evidence to assert his legitimate rights and interests, and require the employer to pay the arrears of wages. Article 77 of the Labor Contract Law stipulates that if the legitimate rights and interests of an employee are infringed, he or she has the right to request the relevant department to handle the matter in accordance with the law, or to apply for arbitration or file a lawsuit in accordance with the law. Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; 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; Slippery is not.

    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. 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 employees 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 27 The limitation period for applying for arbitration of labor disputes shall be one year. The limitation period for arbitration is 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 satisfaction 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 reasons for the suspension are 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.

  4. Anonymous users2024-02-03

    If the company fails to pay two months' wages, the employee can file a complaint with the local labor inspection department; If the complaint is fruitless or you do not want to make a complaint, you can also apply to the labor arbitration institution for labor arbitration and request the employer to pay the arrears of wages; Alternatively, the worker can also apply to the court for a payment order.

    1. What should I do if the salary is not paid when the contract expires.

    If the contract expires and wages are not paid, the worker can first file a complaint with the local labor inspection department, after which the supervision department will pay the arrears of wages to the responsible unit; If the employer fails to pay within the time limit, it will order the employer to pay additional compensation to the employee at the rate of 50% to 100% of the amount payable. Alternatively, the worker can also apply for labor arbitration at a labor arbitration institution and request the employer to pay the arrears of wages.

    2. How to deal with the arrears of wages of the unit.

    The handling method of arrears of wages by the employer is as follows:

    1. The worker can negotiate with the employer;

    2. Workers can complain to the labor administrative department;

    3. The worker may apply to the local people's court for a payment order in accordance with the law;

    4. The worker may file a labor arbitration to demand the employer to pay the arrears of wages and the equivalent of 25 wages in compensation;

    5. If they are not satisfied with the ruling, they may also file a lawsuit with the people's court.

    3. If I don't have a labor contract, can I get my salary back?

    Both parties to the labor relationship can also claim the salary back if there is no labor contract. If the employer violates the law by defaulting on or failing to pay the labor remuneration in full, 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. If the employer refuses to pay, the employee may file a complaint with the relevant department or apply for labor arbitration to recover the wages, and if he is not satisfied with the arbitration result, he may also file a lawsuit.

  5. Anonymous users2024-02-02

    Consult with the company's leaders first and ask why wages are in arrears. Negotiate the date of payment of wages. (Here it is emphasized that do not be rash, leave without resignation or leave the job without asking for leave) If you feel unreasonable to negotiate with the company, you can complain to the labor inspection department of the local labor bureau and ask the company to pay wages within a time limit (solving the problem of many people) Apply for arbitration, and require the company to pay the wages and economic compensation (25% of the salary) If the above methods cannot be reasonably solved, you can file a lawsuit with the court (the court prosecution costs are high and the procedures are many, It is not recommended to use it until it is absolutely necessary).

    In short, if you don't want to do it, you can tear your face and apply for labor arbitration, but you have to consider the cost of litigation, is it worth the lawsuit with two months' salary? If you want to continue your work, you would like to consult.

    It is illegal for a company to pay back wages. Employees can file a complaint with the local labor inspection brigade and demand that the company pay their wages on time and in full. If the employee does not intend to continue to work in the company, he or she may apply for labor arbitration on the grounds that the company is in arrears of wages, and request the termination of the labor contract, and the company shall pay compensation ranging from 50% to 100% of the arrears of wages and arrears, as well as economic compensation.

    Based on the de facto labor relationship, the company is obliged to pay wages on a monthly basis in accordance with the agreement, and if the payment is delayed due to unilateral reasons of the employer, it shall bear the legal responsibility for overdue payment of wages, and in addition to paying wages, the employer shall also pay additional compensation to the employee according to the standard of 50% to 100% of the amount payable.

    1.The Human Resources and Social Security Bureau applied for labor arbitration. 2.If there is no contract, there must be evidence that there has been an employment relationship, such as pay slips or wage records, time sheets, work permits, etc.

    Here, I would like to remind everyone that when looking for a job, you must keep your eyes open and never go to this kind of shell company! These bosses are all in one set, and they talk wildly.

  6. Anonymous users2024-02-01

    You can communicate with the company's leaders or personnel to see if the company can pay wages normally, and if not, you can apply for labor arbitration to get your wages back.

  7. Anonymous users2024-01-31

    Go directly to the labor bureau for arbitration, take out the contract signed at that time to fight for the rights you deserve, don't think that the company has a big business and complains about it, this kind of thinking is wrong.

  8. Anonymous users2024-01-30

    You can communicate with the company's leaders. Let him pay the arrears of wages as soon as possible. If it is not returned, labor arbitration can be conducted.

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