Approaching the Chinese New Year, the boss does not pay wages and arrears of wages, and finds someon

Updated on society 2024-03-29
10 answers
  1. Anonymous users2024-02-07

    Filing a complaint with the Labour Inspectorate may be the quickest and most legal way.

    1. Complaints. 1. The legal basis for the complaint: the Regulations on Labor and Social Security Supervision.

    Article 2 These Regulations shall apply to the supervision of labor security by enterprises and individual industrial and commercial households (hereinafter referred to as "employers").

    Article 9 Any organization or individual has the right to report to the administrative department for labor security any violation of laws, regulations or rules on labor security.

    Article 11 The administrative departments for labor and social security shall carry out labor security supervision on the following matters:

    1) The employer's formulation of internal labor security rules and regulations;

    2) The circumstances of the conclusion of a labor contract between the employer and the employee;

    3) The employer's compliance with the prohibition of child labor;

    4) The employer's compliance with the special labor protection provisions for female employees and juvenile workers;

    5) The employer's compliance with the provisions on working hours, rest and vacation;

    6) The employer's payment of wages to workers and implementation of the minimum wage standard;

    7) The employer's participation in various social insurances and payment of social insurance premiums;

    8) Employment agencies, vocational skills training institutions and vocational skills assessment and appraisal institutions comply with the provisions of the State on employment introduction, vocational skills training and vocational skills assessment and appraisal;

    9) Other labor security supervision matters stipulated by laws and regulations.

    2. Legal documents for complaints: Labor inspection complaints.

    Respondent: (Write down the registered name on the business license of the respondent unit).

    Legal representative Position: Contact**.

    Complaints.

    Write down clearly who is complaining, what you want to complain about, and what you want to complain about. The complaint should be clear and specific. There are a number of complaint requirements to ·· way to indicate. )

    Facts and reasons.

    Indicate when the employment relationship was established, the time, process, and outcome of the complaint. Where there is a demand for payment of wages in the content of the complaint, the amount and calculation method shall be clearly listed. )

    Sincerely. Labour Inspection Brigade.

    Complainant: Year, Month and Day.

  2. Anonymous users2024-02-06

    Go to the lawsuit, apply for legal aid.

  3. Anonymous users2024-02-05

    If the boss is in arrears of wages during the Chinese New Year, the employee can claim the wages through the following methods: negotiate with the employer; lodge a complaint with the labor administrative department; apply for mediation to grassroots people's mediation organizations, enterprise labor dispute mediation committees, or organizations with labor dispute mediation functions established in townships and neighborhoods; Apply to the Labor Dispute Arbitration Commission for arbitration; Other.

    1. How do workers get wages after resigning?

    After resigning, the employee can claim wages in the following ways: negotiate with the employer; apply for mediation to grassroots people's mediation organizations, enterprise labor dispute mediation committees, or organizations with labor dispute mediation functions established in townships and neighborhoods; apply to the Labor Dispute Arbitration Commission for an adjudication; Dissatisfied with the arbitral award, file a lawsuit with the people's court; Limb burial delay.

    2. How to deal with labor and wage disputes.

    Methods for handling labor and wage disputes: negotiation between the employee and the employer; lodge a complaint with the labor administrative department; apply for mediation to grassroots people's mediation organizations, enterprise labor dispute mediation committees, or organizations with labor dispute mediation functions established in townships and neighborhoods; Apply to the Labor Dispute Arbitration Commission for arbitration; If you are dissatisfied with the arbitral award, file a lawsuit with the people's court, or directly request a payment order from the people's court.

    3. What is the standard for compensation for employees who do not sign labor contracts?

    If the employer does not sign the Li labor contract, the employee may request the employer to pay double wages through the following methods: negotiate with the employer; apply for mediation to grassroots people's mediation organizations, enterprise labor dispute mediation committees, or organizations with labor dispute mediation functions established in townships and neighborhoods; If the mediation fails, apply to the labor dispute arbitration commission for arbitration; Dissatisfied with the arbitral award, file a lawsuit with the people's court;

  4. Anonymous users2024-02-04

    How to deal with the boss's arrears of wages when the Chinese New Year is approaching: negotiate with the boss; apply for mediation with a mediation organization; lodge a complaint with the labor administrative department; Apply to the Labor Dispute Arbitration Commission for arbitration; If a person requests a payment order from the people's court, or is dissatisfied with the arbitral award, he or she shall file a lawsuit with the people's court. Article 5 of the Labor Dispute Mediation and Arbitration Arbitration Procedure 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.

  5. Anonymous users2024-02-03

    If the boss is in arrears of wages during the Chinese New Year, the employee can claim the wages through the following methods: negotiate with the employer; lodge a complaint with the labor administrative department; apply for mediation to grassroots people's mediation organizations, enterprise labor dispute mediation committees, or organizations with labor dispute mediation functions established in townships and neighborhoods; Apply to the Labor Dispute Arbitration Commission for arbitration; Other.

    [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 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.

  6. Anonymous users2024-02-02

    Legal analysis: The methods for dealing with the arrears of wages of the boss near the Chinese New Year are as follows: 1. The employee negotiates with the employer; 2. Go to the labor inspection to complain or apply for labor arbitration to demand payment of wages.

    Legal basis: Labor Dispute Mediation and Arbitration Law of the People's Republic of China 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 absence or arbitration; If a 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.

  7. Anonymous users2024-02-01

    If the boss owes half a year's salary and has no money to pay, it can be resolved through the following legal means:

    1. For this kind of illegal behavior, the simple way is to complain to the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the law and order it to pay the arrears of wages;

    2. 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 Zhengliang Court of Renmin Yuan shall issue a payment order in accordance with the law;

    3. The effective thing is to apply for labor arbitration directly to the local labor administrative department without charge, without a lawyer, through the award issued by the labor arbitration, to claim compensation from the unit, if it is not compensated, you can apply to the court for enforcement;

    4. If the labor arbitration is not accepted or the arbitration is unfair, a civil lawsuit can be filed with the court within 15 days, and the court judgment can be directly enforced;

    5. While claiming wages in the above ways, the unit shall be required to pay you additional compensation according to the standard of between 50% and 1% of the amount payable;

    [Legal basis].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 employer to pay the employee's wages and remuneration within a specified period of time, 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) Deducting or defaulting on the wages and remuneration of workers without reason;

    2) The hail transportation fee paid to the laborer is lower than the local minimum wage standard;

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

  8. Anonymous users2024-01-31

    How to deal with the boss's arrears of wages when the Chinese New Year is approaching: negotiate with the boss; apply for mediation with a mediation organization; lodge a complaint with the labor administrative department; Apply to the Labor Dispute Arbitration Commission for arbitration; If a person requests a payment order from the people's court, or is dissatisfied with the arbitral award, he or she shall file a lawsuit with the people's court.

    [Legal basis: Hupi].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, the negotiation fails, or they do not 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.

  9. Anonymous users2024-01-30

    How to deal with the boss's arrears of wages when the Chinese New Year is approaching: negotiate with the boss; apply to the mediation organization for mediation; lodge a complaint with the labor administrative department; Inform the Labor Dispute Arbitration Commission to apply for early arbitration; If a person requests a payment order from the people's court, or is dissatisfied with the arbitral award, he or she shall file a lawsuit with the people's court.

    Legal basis] Article 5 of the Labor Dispute Mediation and Arbitration Law provides that 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.

  10. Anonymous users2024-01-29

    Legal analysisUnder normal circumstances, the parties concerned should first file a complaint with the labor inspection department or apply to the labor arbitration commission for arbitration, and only if they still fail to pay after being urged by the labor administrative department to constitute the crime of refusing to pay labor remuneration, so that it will be useful to report to the police. If it is found that the employer is in arrears of wages to the employee, it can deal with it in the following ways: 1. Negotiate and solve the problem first. 2. If the negotiation fails, you can file a complaint with the labor inspection brigade.

    3. You can apply to the Labor and Personnel Dispute Arbitration Court for labor arbitration. 4. If you are not satisfied with the arbitral award, you may file a lawsuit with the people's court.

    [Legal basis].Article 5 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, if a labor dispute occurs, and 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.

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