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Whether it is a state-owned enterprise or a public institution, even a private enterprise, as long as it is in arrears of wages and failure to sign a labor contract, it is an illegal act, and you can only deal with it in accordance with the law; In view of the problems you have now, you must understand: 1. Sign a labor contract and enjoy all the benefits brought by the labor contract. (If the company does not sign an employment contract with you within one month of the date of your employment, the company has violated the law, and the handling method is the same as above.)
Then you will have to be compensated 2 times your monthly salary) 2. Social insurance. It is also enjoyed by you according to the law. If the company has not purchased it, you can also follow the above channels to complain.
3. High temperature subsidy. The state has clear provisions. 4. Overtime and rest time have corresponding national protection and compensation measures; 5. You can go to the ** of the Labor and Social Security Bureau of your city to view the relevant laws and regulations.
6. If you resign, you can apply in accordance with the law. The probationary period is three days in advance, and the official period can be applied one month in advance. If you find that the business has infringed on your legitimate rights and interests, you can follow the following rules:
The basic handling channels are: 1. Go to the labor and social security center of the village committee where your unit is located to complain, and if there is no result;
2. You can file a complaint with the labor inspection department of the labor bureau of the city where your unit is located.
3. If the labor bureau arranges relevant personnel to mediate but fails, you can apply for labor arbitration;
4. According to the labor arbitration situation, you can apply to the court for compulsory enforcement. (The premise is: the enterprise loses the lawsuit and does not carry out the above within 15 days).
That is, proof of your identity. Now it doesn't cost anything to ask for labor arbitration, you can ask for arbitration...
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Legal analysis: If there is a situation of arrears in the project payment, the usual solution is as follows: 1. It is recommended to sue the court as soon as possible to repay the loan, once the two-year statute of limitations is exceeded, the right to win the lawsuit will be lost 2. After winning the lawsuit, if the other party fails to perform the court judgment within the performance period, it can apply to the court for enforcement 3. When the court accepts the enforcement, it will inquire about the real estate, vehicles, ** and deposits in the debtor's name according to law; 4. In addition, if he has no property in his name that can be used for enforcement and he refuses to perform the effective judgment of the court, he will have negative information such as overdue repayment recorded in his personal credit report and will be restricted from high consumption and entry and exit, and may even be detained by the judiciary 5. In the case of Tong Yufeng, who has the ability but refuses to execute, he is suspected of refusing to execute the judgment and Li Shouting ruling.
Legal basis: Article 313 of the Criminal Law of the People's Republic of China [Crime of Refusing to Enforce a Judgment or Ruling] Where a judgment or ruling of a people's court is capable of being enforced but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.
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Generally, only if the meter is in arrears or the meter is changed without permission, the power supply will not be provided. If you don't do anything wrong, then you can complain to the discipline inspection department of the power supply bureau.
Article 577 of the Civil Code of the People's Republic of China: If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses. Article 570 (8) Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period. Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment.
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Legal analysis: Generally, only if the electricity meter is in arrears or the meter is changed without permission, the power supply will not be provided. If you are not at fault, then you can go to the discipline inspection department of the power supply bureau to complain.
Legal basis: Civil Code of the People's Republic of China
Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
Article 578:Where one of the parties expressly states or shows by its own conduct that it does not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.
Article 5: Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary obligations, the other party may request payment.
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Wages are paid monthly, and it is illegal to pay them every other month, and it is legal to pay this month's wages next month. Workers who are in arrears of wages, do not pay wages, or deduct wages can call 12333** to complain, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade.
If the company fails to pay the remuneration on time, the employee can apply for the termination of the labor contract and labor relationship, and demand economic compensation. The worker may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages. If the labor arbitration conclusion is refused, it may apply to the court for compulsory enforcement.
Article 85 of the Labor Contract Law: In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; 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 worker in full and in a timely manner in accordance with the provisions of the labor contract 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.
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As long as you can prove the employment relationship, you can apply for assistance from the local labor bureau.
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Report to the local labor inspection brigade!!
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Legal Analysis: If there is a situation of arrears in the payment of the project, the usual solution is as follows:
1. It is recommended to file a lawsuit with the court as soon as possible to demand repayment, and once the two-year statute of limitations has expired, the right to win the lawsuit will be lost.
2. After winning the lawsuit, if the other party fails to perform the court judgment within the performance period, it can apply to the court for compulsory enforcement.
3. When the court accepts the compulsory enforcement, it will inquire about the real estate, vehicles, ** and deposits in the name of the debtor in accordance with the law;
4. In addition, if he has no property in his name that can be enforced, and he refuses to perform the effective judgment of the court, he will have negative information such as overdue repayment recorded in his personal credit report, and will be restricted from high consumption and access to the evil realm, and may even be detained by the court.
5. In the case of refusal to enforce the judgment and ruling, it is suspected of refusing to enforce the judgment or ruling on the crime of wandering the clan.
Legal basis: Article 313 of the Criminal Law of the People's Republic of China [Crime of Refusing to Enforce a Judgment or Ruling] Where a judgment or ruling of a people's court is capable of being enforced but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.
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