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You first have to know which labor bureau should be under the management of the place where you work for this company, and you don't know how to call 114 to check the ** number and address of the labor bureau to which the district, county, and township should belong. Then go to the local labor bureau, of course, go to the company's registered legal person, registered address and now the address of the company that is owed wages, and the name of the person in charge. Of course, if the wages are in arrears, you should also reflect the situation reasonably, don't exaggerate, the lion opens his mouth, which is not conducive to the labor department to solve, and you will not be able to get money.
If the labor bureau can't solve the problem, take the materials collected above to find a law firm, hire a lawyer to write a complaint to you, and sue him.
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You can go to labor arbitration to apply for arbitration!!
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Wage arrears are a common problem that you can solve by:
1.Report to the labor administrative department (usually the labor management inspection brigade).
2.You can also apply for arbitration directly (the arbitration fee is 200-300 yuan, and if you win, all will be borne by the company).
3.If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.
Pin beam burn 4According to the provisions of the state, in the case of arbitration or litigation, you may request that in addition to the full payment of the employee's wages and remuneration within the prescribed time, you must also pay an additional economic compensation equivalent to 25% of the wages and remuneration.
The above is the relevant answer to what to do if the company owes wages.
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Legal analysis: If the company owes money, the supervisor is generally not liable. The company is an enterprise legal person, with independent legal person property, and is liable for the company's debts with all its property, and the shareholders can be liable to the company to the extent of their subscribed capital contribution or subscribed shares.
Legal basis: Company Law of the People's Republic of China
Article 3 A company is an enterprise legal person, has independent legal person property, and enjoys the property rights of a legal person. The company is liable for the debts of the company with all its property.
The shareholders of a limited liability company are liable to the company to the extent of their subscribed capital contributions; The shareholders of the shares are liable to the company to the extent of the shares they subscribe.
Article 21 The controlling shareholders, actual controllers, directors, supervisors, and senior managers of the company shall not use their affiliated relationships to harm the interests of the company.
Anyone who violates the provisions of the preceding paragraph and causes losses to the company shall be liable for compensation.
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The employee collects the proof of the existence of the labor relationship of the company, and applies to the labor arbitration commission of the place where the labor contract is performed, such as work clothes and wage slips, to apply for arbitration of the labor relationship, and then the arbitration applies to the company to pay wages and pay compensation. According to Article 30 of the Labor Contract Law, the employer shall pay the employee labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract and the provisions of the state. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people for a payment order in accordance with the law, and the people shall issue a payment order 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 laborer in full and in a timely manner in accordance with the agreement on labor cooperation and hunger 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. According to Article 2 of the Labor Dispute Mediation and Arbitration Law, 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 the labor contract of Can Siu Hall;
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 3 In resolving labor disputes, the lawful rights and interests of the parties concerned shall be protected in accordance with the law and in accordance with the principles of legality, fairness, timeliness, and mediation. Article 4 In the event of a labor dispute, the worker may negotiate with the employer, or may ask the labor union or a third party to negotiate with the employer and reach a settlement agreement.
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; Those who are dissatisfied with the ruling of the implicit ruling of the middle suspect may file a lawsuit with the people, except as otherwise provided in this Law. Article 21 The Labor Dispute Arbitration Commission shall be responsible for the jurisdiction of labor disputes occurring in its own region. Labor disputes shall be under the jurisdiction of the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located.
If both parties apply for arbitration to the labor dispute arbitration commission at the place where the labor contract is performed and the place where the employer is located, the labor dispute arbitration commission at the place where the labor contract is performed shall have jurisdiction.
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Under normal circumstances, the supervisor's salary is issued to your bank card through the supervision company. The name of the company you cleaned will be displayed on the running water. Like this, the company will pay you five insurances, one housing fund or five insurances.
There are also individual cases, as temporary recruits, the salary is directly transferred through WeChat or Alipay, and does not pay five insurances and one housing fund, with the rectification of the country in the past few years, the engineering industry is also becoming more and more perfect, and with this situation in the Zhenglu gradually decreased.
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Legal analysis: collect evidence, and sue the court if the negotiation fails.
Legal basis: Civil Code of the People's Republic of China
Article 5 If one of the parties is unable to perform the contract due to force majeure, it shall be exempted from liability in part or in whole according to the impact of force majeure, unless otherwise provided by law. If the contract cannot be performed due to force majeure, the other party shall be notified in a timely manner to mitigate the losses that may be caused to the other party, and proof shall be provided within a reasonable period of time. If force majeure occurs after the party delays performance, it shall not be exempted from liability for breach of contract.
Article 591:After one of the parties breaches the contract, the other party shall take appropriate measures to prevent the expansion of losses; Where failure to take appropriate measures results in an increase in losses, compensation for the increased losses shall not be claimed. The reasonable expenses incurred by the parties in preventing the expansion of losses shall be borne by the breaching party.
You need to write in writing that the employee may terminate the labor contract under any of the following circumstances: (2) the employer fails to pay the labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; You do not need to notify the employer in advance to terminate the labor contract for any reason, but you can request the employer to handle the matter in accordance with Article 50 of the Labor Contract Law: The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the procedures for the transfer of the employee's file and social insurance relationship within 15 days. >>>More
If the employer is in arrears of wages, the employee can file a complaint with the labor administrative department or directly apply for labor arbitration. If you complain to the labor administrative department, you should go to the labor inspection brigade in the urban area to complain about the company's wage arrears, and the labor inspection brigade will accept it, leave the relevant information of the complainant, and then contact the complained company to investigate and understand, if the situation is true, the labor inspection brigade will come forward to mediate, and require the complained company to correct its violation of the labor law and other relevant laws and regulations within a time limit, if the company refuses to implement, the labor inspection brigade will apply to the court for compulsory enforcement, and punish the unit. Wage arrears are a common problem that employees can solve with the following methods: >>>More
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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. >>>More