If the unit does not sign the contract, what should I do if the salary is in arrears and ask a lawye

As far as you said, it is as follows: 1. You have no evidence to prove that your monthly salary standard is 5,000 yuan, in other words, you have no evidence to prove that the company owes you another 2,000 yuan in wages every month. 2. If you have not signed a labor contract, the company has violated the law first, and you should bear legal responsibility in accordance with Article 82 of the Labor Contract Law, and should pay you twice the monthly salary and make up a written labor contract with you.

The starting date of the company's monthly payment of 2 times your monthly salary is the day after the expiration of one month from the date of employment, and the deadline is 1 day before the written labor contract is supplemented (Article 6 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China). 3. If the company does not give you social insurance, and you have a dispute with the company on social insurance issues, you can apply to the Labor Dispute Arbitration Commission for arbitration in accordance with the law, and if you are not satisfied with the arbitration, you can also file a lawsuit and sue the employer to the court (Article 77 of the Labor Contract Law).

1. According to Article 82 of the Labor Contract Law, if an 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 the employee twice the monthly wage.

2. If you are in arrears of wages, you can apply for labor arbitration to claim arrears of wages, or resign directly and ask for payment of arrears of wages and economic compensation.

3. The calculation standard of severance is one month's salary for one year of service, one year for six months, and half a year for less than six months.

The landlord's labor contract was not signed, so he actively collected evidence, filed labor arbitration, applied for double wages, and paid back insurance. View the original post

Trouble, thanks!

As long as you can prove that you are an employee there, I have encountered such a unit, and if you can't believe it verbally in the future, you must present it in writing if you don't have a contract View the original post

Of course there is, timesheets. Business card. Notices. Visa slip. I have all the work cards, contract herbs, and so on. View the original post

Legal analysis: if the arrears of wages are not paid and the contract is not signed, it can be resolved through negotiation with the employer first, and if the negotiation fails, it can apply for labor arbitration, and if the labor contract is not signed for more than one month, it can also claim double the salary.

Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China If an 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 the employee twice the monthly wage.

Legal Analysis: If an employer violates the provisions of this Law by not entering into 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.

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 In 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 for an extended period of time, they shall be paid wages and remunerations not less than 150% 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) If a worker is assigned to work on a statutory holiday, he shall be paid a wage remuneration of not less than 300% of the wage.

If the employer is in arrears of wages and does not assign work according to the contract, you can negotiate with the employer first and ask the employer to pay wages and assign work. If the employer defaults, you can ask the employer to pay liquidated damages. If the employer refuses to pay wages or arrange work, you can claim to terminate the employment contract and request the employer to pay economic compensation.

You can pay attention to collect relevant labor contracts and other evidence materials to complain to the labor inspection brigade where the employer is located, or apply to the labor arbitration commission for labor arbitration. Legal basis: Article 38 of the Labor Contract Law of the People's Republic of China stipulates that if an employer falls under any of the following circumstances, the employee may terminate the labor contract

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated by law or administrative regulations. Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker: (1) the worker terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating a labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.

Article 47 Economic compensation shall be paid to the laborer according to the standard of one month's salary for each full year of the worker's service in the unit. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the arrears of wages are not paid and the labor contract is not signed, the wages may be paid through negotiation and the labor contract may be re-signed; If the negotiation fails, apply to the mediation organization for mediation; If the mediation fails, apply to the labor dispute arbitration commission for arbitration; If they are not satisfied with the arbitral award, they shall file a lawsuit with the people's court.

[Legal basis].Article 5 of the Law on Mediation and Arbitration of Labor Disputes.

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 does not send the state 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, except as otherwise provided in this Law, file a lawsuit with the people's court.

According to what you have stated, if the employer is in arrears of wages, you can file a complaint with the local labor inspection team against the employer. In addition, if the employer does not sign a written labor contract, you can request to pay twice the salary from the second month of Zen teasing, and pay social security in accordance with the law. It is recommended to apply directly to labor arbitration for resolution.

Labor Contract Law

1. If the employer is in arrears of wages, the worker may file a complaint with the local labor and social security department (labor inspection brigade), report the report or apply to the labor dispute arbitration commission for labor arbitration.

2. If there is no labor contract, the work permit and work clothes with the name of the company can be collected and provided, and the documents with the company's seal that can be reflected as the company's employees, wage payment records, Yanchun social security payment records, witness testimony, audio recordings and other materials can prove the existence of labor relations.

Legal basis: Labor Code

Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Labor Contract 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;

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.

Labor Dispute Mediation and Arbitration Law

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.

If the company owes employees wages, employees can negotiate with the unit first; If the negotiation fails, a complaint can be filed with the local labor inspection brigade, which will be mediated by the labor department; In the event that the mediation fails, it can also apply for labor arbitration for adjudication. Employees can call 12333 for complaints related matters.

In accordance with the Interim Regulations on the Payment of Wages

Article 7 Wages must be paid on the date agreed between the employer and the worker. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.

Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with law, the employer shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract.

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.

Labor Dispute Mediation and Arbitration Law

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.

If there is an attendance record, or a certificate of written signature from a colleague, you can also report it directly to the local labor bureau.