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If the employee understands the company's difficulties, he can make an IOU, which must state the full name of the company, the details of the amount owed (wages, bonuses, subsidies, etc.), the specific amount, and the specific time of expected repayment. Preferably, it must be signed by the person in charge of the company or the head of the financial department, and stamped with the company's official seal to be valid. In addition, if you find that the company's business conditions are really poor, you should not be soft-hearted, you should directly apply for labor arbitration and let the company pay wages immediately, otherwise it will be difficult to recover wages when the person in charge ......of the company runs away
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The wage IOU shall be stamped by the employer or signed by the legal representative, and if necessary, it shall be reported to the local labor inspection brigade to protect its rights.
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First of all, write down the amount of money owed, and when will you pay it back? Is there any interest attached? The company has to write its name and sign it with the boss's signature, which is very handprinted, and I think this can be protected by law.
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It is basic that wages cannot be arrears, and an illegal project cannot be protected by law no matter how much an IOU is made.
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How to make an IOU to be protected by law? Keep these points in mind, and don't ignore them.
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Legal analysis: As long as the reason and amount of arrears are clearly written, the debtor's signature has legal effect. Who owes whom, the beginning and end of time, the accumulation of time, the accumulation of the amount of arrears, and the final signature (if it is an individual, it is necessary to press the name, amount, and time according to the fingerprint).
This basically guarantees that your IOU can have clear legal effect. At the same time, you can also collect the information of the debtor, preferably a copy of the ID card, if you do not have to leave the other party's ID number, mobile phone number, home address and other information, so as to facilitate the other party to repay the debt for a long time through the litigation settlement.
Legal basis: Civil Code of the People's Republic of China
Article 667 A loan contract is a joint effort in which the borrower borrows money from the lender and returns the loan at maturity and pays interest.
Article 668: The loan contract shall be in written form, unless otherwise agreed upon between natural persons.
The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.
Article 669 When entering into a loan contract, the borrower shall, in accordance with the requirements of the borrower, provide the true information about the business activities and financial status related to the loan.
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It is necessary to write down the reason and amount of arrears clearly, and the debtor must sign and seal before it will have legal effect.
An IOU is generally composed of three parts: the title, the text, and the payment.
1. Title. The title of the IOU is generally composed of the name of the text, that is, the word "IOU" is written in a large font in the upper middle of the text. There are also calendars that write the words "Temporarily Owed" or "Owed" as the title in this position, but the text of such titles is written at the top of the next line.
2. Text. The body of the IOU should clearly state who or what unit is owed, what quantity, and indicate the date of repayment.
3. Payment. The name of the debtor's unit and the signature of the person handling the payment must be signed, and the name of the debtor must be signed on the IOU issued by an individual. and the date of the IOU. The official seal should be affixed to the unit, and the private seal should be affixed to the individual.
4. IOU format:
The debt is the [cause] of the [amount] of the [creditor] of the debt, and this is the basis. Established by *year*month*day.
Note: It is best to make two copies of the IOU.
All IOUs are basically written by the debtor, and the content of the writing also needs to be negotiated between the two parties before it can be processed, and at the same time, it is necessary to ensure that the content involved in He Biding does not violate the provisions of the state, then this IOU is legal and valid, so that their rights and interests must be smooth to know how to protect themselves, so that their interests will not be lost.
Legal basis: Civil Code of the People's Republic of China
Article 465.
Contracts established in accordance with the law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.
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