What should I do if I can t get paid after quitting my job?

If you do not sign a labor contract, the employer shall pay you double your salary, make up social security and pay economic compensation from the second month. The key point is evidence, which requires evidence that you have an employment relationship with the employer. As for the amount of time worked, the principle of "reversal of the burden of proof" can be used, and it will be issued by the employer at the time of arbitration or litigation, because everyone who works in a place should fill out an entry form.

This also proves your working hours, you also have to sign your salary, and the payroll form should also be issued by the employer, which proves your monthly income status.

Reversal of the burden of proof" is widespread in the field of labor law. Article 6 of the Law on Mediation and Arbitration of Labor Disputes stipulates that "in the event of a labor dispute, the parties shall have the responsibility to provide evidence for their claims.

If the evidence related to the disputed matter is in the possession and management of the employer, the employer shall provide it; If the employer does not provide it, it shall bear the adverse consequences. Paragraph 2 of Article 39 stipulates that: "If the employee is unable to provide evidence related to the arbitration claim that is in the possession and management of the employer, the arbitral tribunal may require the employer to provide such evidence within a specified time limit."

If the employer fails to provide it within the specified time limit, it shall bear the adverse consequences." Article 13 of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases clearly stipulates that the employer shall bear the burden of proof in the event of a labor dispute arising from an employer's decision to dismiss, dismiss, dismiss, terminate the labor contract, reduce the labor remuneration, calculate the employee's working years, etc.

The Ministry of Labor and Social Security's Circular on Matters Concerning the Establishment of Labor Relations stipulates that "the burden of proof shall be borne by the employer for wage payment vouchers, social security records, recruitment registration forms, registration forms, and attendance records".

It is recommended that you read the "Labor Law", "Labor Contract Law" and "Regulations for the Implementation of the Labor Contract Law", so that you can know what aspects the employer has violated your rights and interests, and only then can you more comprehensively protect your legitimate rights and interests, which will benefit you for a lifetime.

What to do if the company does not pay wages after resignation.

1. If a mediation agreement is reached due to the payment of arrears of labor remuneration, and the employer fails to perform within the time limit agreed in the agreement, the employee may apply to the people's court for a payment order in accordance with the law with the mediation agreement. The people's court shall issue a payment order in accordance with law.

2. Complain to the labor administrative department for resolution.

The advantage of the settlement of complaints is that the employer has received a notice from the labor administrative department to deal with it, and if there is no special reason, the employer may pay the employee's wages in a timely manner under the pressure of the labor administrative department, so that the employee can solve the problem of arrears of wages in the shortest time and at the lowest cost. Therefore, this method can generally be chosen first when dealing with wage arrears. However, if the employee's claim is complex, such as involving economic compensation or compensation, and needs to be specifically determined, the labor administrative department may not be able to resolve it, and a labor arbitration procedure will be required.

3. Apply to the labor arbitration commission for labor arbitration or file a lawsuit with the court.

If the labor complaint cannot be resolved, the employee can only apply to the local Labor Jianliang Personnel Dispute Arbitration Commission for labor arbitration to resolve the dispute between the two parties by arbitration. Labor arbitration is a pre-procedure for resolving labor disputes, which must first go through labor arbitration, and if the arbitration result is not satisfied, any party to the other award may file a lawsuit with the court, except for the final award unit that cannot sue.

The claimant applying for arbitration shall submit a written application for arbitration and submit copies according to the number of respondents.

The statement of claim for arbitration shall contain the following particulars:

1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;

2) the claim for arbitration and the facts and reasons on which it is based;

3) Evidence and evidence**, names and addresses of witnesses.

If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party.

The Law on Mediation and Arbitration of Labor Disputes stipulates that, unless otherwise provided in this Law, the arbitral award shall be final and effective from the date of making a dispute over the recovery of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation not exceeding the amount of the local monthly minimum wage standard for 12 months.

If the worker is not satisfied with the above-mentioned arbitral award, he may file a complaint with the People's Law within 15 days from the date of receipt of the arbitral award.

Legal basis] Article 9 of the Labor Dispute Mediation and Arbitration Law provides that if an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or defaulting on medical expenses, economic compensation or compensation for work-related injuries, the employee may file a complaint with the labor administrative department, and the labor administrative department shall deal with the unreasonable instructions in accordance with the law.

After employment, the employer does not pay wages to the rights defender in the following ways:

1. The worker negotiates with the employer and asks the employer to pay wages;

2. Workers can file complaints with the local human resources and social security bureau for labor inspection;

3. Or apply for arbitration to the labor dispute arbitration commission;

4. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the 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 fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If the person is dissatisfied with the arbitral award, except as otherwise provided in this Law, he or she may file a lawsuit with the people's court.

Legal analysis: If the employer does not pay the salary to Tan Yu after resignation, the worker can complain to the labor inspection brigade against the unit; or a number of people who believe in the mountains can directly apply for labor arbitration.

Legal basis: Interim Provisions on Payment of Wages Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum when the labor contract is dissolved or terminated.

The specific practices of not receiving wages after resignation are as follows:

1. First of all, it is necessary to confirm the facts of the labor relationship with the unit;

2. After confirming the labor relationship, the employer can be required to pay the social key insurance and pay the salary;

3. When the employer terminates the labor contract, it shall notify the employee one month in advance, otherwise it shall pay one month's economic compensation as a substitute payment;

4. If a written labor contract is not signed, double wages shall be paid, and a written labor contract shall be signed within one month from the date of employment;

5. If the employer terminates the labor contract in violation of the law, it may claim economic compensation, which is twice the economic compensation. Collect relevant evidence in a timely manner, apply to the local labor arbitration department for labor arbitration in accordance with the law, and require the company to fulfill the above obligations. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.

Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or do not reply to the resume 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.

Labor Law of the People's Republic of China

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. Article 77 In the event of a labor dispute between an employer and a worker, the parties concerned may apply for mediation, arbitration, or file a lawsuit in accordance with law, or may resolve it through negotiation.

The principles of conciliation apply to both arbitration and litigation proceedings. Article 78 In the settlement of labor disputes, the lawful rights and interests of the parties to the labor dispute shall be safeguarded in accordance with the principles of legality, fairness and timely handling. Article 79 After a labor dispute arises, the parties concerned may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration.

One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

If you resign and can't get your salary, you can report it to the local labor inspection department and ask it to pay your wages and give compensation.

According to Article 26 of the Regulations on the Supervision of Labor and Social Security, if an employer commits any of the following acts, the labor and social security administrative department shall order the employee to pay the employee's wages and remuneration, the difference between the employee's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable

1) Withholding or defaulting on the wages and remuneration of laborers without reason;

2) The wages paid to the workers are lower than the local minimum wage;

3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.

If the employer clearly states that it will not pay the salary, then the employee may apply to the labor arbitration commission for labor arbitration. The non-payment of wages is a labor dispute and can be resolved by applying for labor arbitration. Number of rocks.

[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 fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If the person is not satisfied with the arbitral award, he or she may file a lawsuit with the people's court, except as otherwise provided by the Imperial Law.

Legal Analysis:1Negotiate a settlement.

2.Report to the labor administrative department (usually the labor inspection brigade of the district where the unit is located). If the company fails to pay the employee's wages on time, the employee may terminate the labor contract at any time and immediately require the company to pay the employee's arrears of wages and 25% of the arrears of wages as economic compensation.

3.It is also possible to apply directly for arbitration. First of all, you need to confirm the facts of the employment relationship with the employer.

Second, after the labor relationship is confirmed, the employer can be required to pay back social insurance and wages. Thirdly, when the employer shall terminate the labor contract, it shall notify the employee one month in advance, otherwise Chanwu shall pay one month's severance as a payment in lieu of payment.

Legal basis: Interim Provisions on Payment of Wages Article 9 When both parties to a labor contract dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.