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First of all, it should be explained that the boss's refusal to pay wages is a serious violation of the labor law, and all localities have long introduced measures and methods to protect the interests of workers and severely punish employees in arrears of wages. As long as you work in a regular company, have attendance records, and the boss does not abscond with money, you can still get your salary back.
Looking at your problem, it seems that you have left your job, there is no proof of resignation, and the boss does not give you the rest of your salary, but there is no IOU, only a verbal promise. It is important to know that it is impossible to arbitrate the payment of wages based on a verbal promise, but if there is other evidence, there is still a way to get the wages back.
First of all, it is important to have a personal attendance record, which can prove that you have worked in this company for the best time. For example, I have to go to work every day because of my work. Secondly, if there is a good colleague, his proof is also important, but it will affect the colleague's money.
In addition, the most important point is your WeChat chat history with your boss, which is the most important evidence, be sure to keep the original chat history, of course, you can take screenshots in advance for backup. These are all favorable evidence for negotiation or labor arbitration. Of course, it would be better if there was a recording of the verbal promise of the boss at that time!
Let me explain here that in the process of working, don't believe the boss's words, give you high wages and high benefits. The boss is also for profit, in order to make money, they can save as much as they can. Be sure to sign a legal labor contract with the company, in duplicate, and keep one copy for yourself, which is the most direct proof of legal protection.
If you join an unreliable company, if you resign, try to ask for a resignation certificate, keep the previous salary slips, various attendance records, **, audio recordings and other evidence. In this way, when there is a labor dispute, you will not fall into passivity.
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It's almost the Chinese New Year, and the biggest worry of migrant workers is that they can't get their wages, so what should they do?
When it's time to go home at the end of the year, the happiest thing is to go home and reunite with my family after I get paid. But there are also some migrant workers who have worked hard for a whole year, and the boss does not pay them, which also happens around us, which makes the migrant workers really wonder, and the payment of wages has become the biggest wish of the migrant workers.
What should I do if my boss doesn't pay my salary? How do I defend my rights?
First, if the employee is owed wages by the employer, he or she can negotiate with the employer first, and if the negotiation fails, he can recover through the trade union or complain to the local labor inspection department or apply for labor arbitration, and if he is not satisfied with the labor arbitration decision, he can also file a lawsuit with the court.
Second, if an employer defaults on the payment of wages to a worker for no reason, it can directly file a complaint with the local labor inspection brigade, which will supervise and supervise the employer. and the responsibility to pay wages.
Third, they can also apply for labor arbitration and recover wages from the employer through the award certificate issued by labor arbitration.
Fourth, if the labor arbitration is inadmissible or the arbitration is unfair, a civil lawsuit can be filed with the court within 15 days, and the judgment will be enforced directly through the court.
How many days is it illegal to be in arrears of wages?
According to the Interim Regulations on Payment of Wages, wages must be paid at the time and time agreed upon by the employer and the employee. In case of special circumstances, such as holidays, the payment should be made in advance on the nearest working day, and the salary should be paid at least once a month. If the salary is paid beyond the agreed time, it will be regarded as arrears of wages.
Finally, I wish you all a good greeting to you in the Year of the Dog in 2018, and you will be in good health and in a good mood; Good luck is made every day, and the taste is wonderful. Finally, I wish you and your family: good luck in the Year of the Dog and a lot of money in the Year of the Dog!
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1. Confirm the facts of the labor relationship with the unit, such as payroll, attendance records, and documents in the process of work.
2. After confirming the labor relationship, you can negotiate with the boss and ask the employer to pay back wages for the illegal behavior of the unit in arrears of wages.
3. If the negotiation fails, bring the relevant materials to the labor bureau to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration.
4. If the amount of arrears of wages is relatively large, you can directly ask a lawyer to file a lawsuit and recover the arrears of wages through litigation.
If the boss does not pay the salary, you can negotiate a solution, or report it to the labor administrative department (usually the labor inspection brigade of the district where the unit is located). If the employer deducts or defaults on the wages of the employee without reason, in addition to paying the employee's wages and remuneration in full within the prescribed time, it shall also pay an additional economic compensation equivalent to 25% of the wages and remuneration.
1. Negotiate and settle.
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. You can also apply for arbitration directly.
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. Third, when the employer terminates the labor contract, it shall give the employee one month's notice, otherwise it shall pay one month's severance as a payment in lieu of payment.
Fourth, if a written labor contract is not signed to pay double wages, a written labor contract shall be signed within one month from the date of employment. Fifth, if an employer terminates a labor contract in violation of the law, it may demand economic compensation, which is twice the amount of the economic compensation. It is recommended to 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.
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If the boss does not settle the wages and owes you wages, you can go to the labor bureau to apply for labor arbitration and ask the boss to pay the wages.
Ask for wages. About asking for wages. At work, have you ever encountered a situation where your boss did not pay your salary?
How do you solve this situation? Perhaps many people do not know what to do when they encounter such a situation, how to get their wages back. Next, let's tell you the solution to the boss's non-payroll.
1. Wage arrears without reason.
Article 50 of the Labour Law stipulates that "wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
The term "unjustified arrears" here should be understood to mean that the employer deliberately fails to pay the employee's wages within the specified time without justifiable reasons. The Ministry of Labor's "Supplementary Provisions on Issues Concerning the Interim Provisions on the Payment of Wages" has made an exclusionary provision for "unjustified": "unjustified" wages of workers do not include:
1) The employer is unable to pay wages on time due to natural disasters, wars and other reasons that are not resisted by human resources;
2) The employer is affected by production and operation difficulties and capital turnover;
After obtaining the consent of the labor union of the unit, the wages of the workers may be temporarily overdue, and the maximum limit of the extension period may be determined by the labor and social security administrative departments of each province, autonomous region or municipality directly under the Central Government in accordance with the local situation. In all other cases, unjustified arrears of wages are non-refundable.
Second, the solution.
1. For this kind of illegal behavior, the easiest way is to complain to the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the "Labor and Social Security Supervision Regulations" in accordance with the law, and order it to pay the arrears of wages.
2. In accordance with the provisions of Article 30 of the Labor Contract Law, if the employer is in arrears or fails 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.
3. The most effective is to apply for labor arbitration directly to the local labor administrative department (no fees, no lawyer), and claim compensation from the unit through the award issued by labor arbitration, and if it is not compensated, it can be applied 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 directly executed through the court judgment.
5. While claiming wages in the above ways, you can also request the employer to pay you additional compensation according to the standard of 50% to 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law.
First of all, it is certain that it is illegal for the boss not to pay wages, and at this time, employees can protect their rights and interests through some legal channels, such as complaining to the labor inspection department, applying for labor arbitration, filing labor lawsuits, etc. No matter what means are used to ask for wages, all employees must not act impulsively.
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The first method is to go directly to the boss and ask for money. Tell him that he also has to eat and support his family, life is to be supported, if you don't pay the salary, we will have no food, the first aspect is to win the sympathy of the boss, and the second is to urge the boss to settle the account and fulfill the contract as soon as possible.
Second, if the boss deliberately wants to be in arrears, he will not pay, then he can only go to work, stare at him, chase him after work, and stare at him all the way to his door, or he can only use this method to make him restless. Until the salary is paid.
Third, unite with other employees who have the same experience as you, and everyone go to the boss together, and there is great power in numbers. There is also momentum when he speaks.
Fourth, if the boss refuses to pay the wages, then we can only take the form of a strike, and when the product and the need arises, everyone will stop working together, forcing the boss to settle the wages first, otherwise we will not start work. The boss often calculates that in this case, he may have to pay compensation for breach of contract, and he will have to pay his salary at such a time.
The fifth way is to call the Labor Inspection Committee and ask these agencies for help. Ask your boss for a salary.
If the 6th method fails to work, then you can only go to the court to sue and go through the legal procedure, of course, the process of this procedure is relatively long, and it is generally not recommended to choose this path.
Summary 1The first method is to go directly to the boss and ask for money. Tell him that he also has to eat and support his family, life is to be supported, if you don't pay the salary, we will have no food, the first aspect is to win the sympathy of the boss, and the second is to urge the boss to settle the account and fulfill the contract as soon as possible.
2.Second, if the boss deliberately wants to be in arrears, he will not pay, then he can only go to work, stare at him, chase him after work, and stare at him all the way to his door, or he can only use this method to make him restless. Until the salary is paid.
3.Third, unite with other employees who have the same experience as you, and everyone go to the boss together, and there is great power in numbers. There is also momentum when he speaks.
4.Fourth, if the boss refuses to pay the wages, then we can only take the form of a strike, and when the product and the need arises, everyone will stop working together, forcing the boss to settle the wages first, otherwise we will not start work. The boss often calculates that in this case, he may have to pay compensation for breach of contract, and he will have to pay his salary at such a time.
5.The fifth way is to call the Labor Inspection Committee and ask these agencies for help. Ask your boss for a salary.
6.If the 6th method fails to work, then you can only go to the court to sue and go through the legal procedure, of course, the process of this procedure is relatively long, and it is generally not recommended to choose this path.
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According to Article 91 of the Labor Law, if the boss fails to pay wages, it is an illegal act of arrears of wages to the worker without reason, and the labor administrative department shall order the payment of wages and remuneration and economic compensation to the worker, and may also order the payment of compensation.
If the boss of the company does not pay wages, which is an illegal act, the employee can file a complaint with the labor inspection brigade where the company is located, and the labor inspection brigade may order the employer to pay wages within a time limit, and if the payment is not made within the time limit, additional compensation will be paid; If the coordination of the labor inspection brigade is ineffective, the worker may apply for labor arbitration to request the employer to pay wages; If the employer refuses to enforce the arbitral award after a labor arbitration award that the employer shall pay wages, the employee may apply to the people's court for compulsory enforcement.
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If the employer delays or fails to pay wages, the employee may terminate the labor contract with the employer in accordance with Article 38 of the Labor Contract Law, which stipulates that "if the employer fails to pay the remuneration in full and in a timely manner, the employee may terminate the labor contract", and require the employer to pay severance for the termination of the labor contract in accordance with Articles 46 and 47 of the Labor Contract Law.
The standard is to pay the worker one month's salary for each full year of service in the employer. 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.
According to the Labor Contract Law of the People's Republic of China:
Article 46 Economic compensation.
Under any of the following circumstances, the employer shall pay economic compensation to the employee:
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) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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;
6) Termination of the 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 Calculation of economic compensation.
Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. 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 monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year as announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation to be paid to him shall be three times the average monthly wage of the employee.
The maximum period for which economic compensation may be paid shall not exceed 12 years. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.
The office is a small society, and the internal personnel relationship is delicate.
Your husband is afraid of him and even helps him everywhere The main thing is because they are a family But you shouldn't be afraid of him If you are afraid of offending him Then you will lose this fight Think about it It was originally the house that your father-in-law left to your little couple At that time, your husband's sister and brother had already agreed Now if you want to go back on your word and be treacherous, you just need to return two words to them: no way, you don't have to be afraid of them It is your own legitimate rights and interests You must work hard to defend Be tough Don't worry about anything If he (your husband's brother) dares to do anything excessive, you just call the police, and if it doesn't work, you go to court and sue them, and it's not that there is no evidence, and you are afraid that they will be lawless? No matter how powerful the ruffian is, he has to bow his head when he sees the law When the time is right, you can completely pick up the law to defend your legitimate rights and interests Good luck.
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