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Useful. How could it not be useful? Because than to know your specific situation, briefly and analyze with you:
1. No business license; This means that the company you work for does not have business license registration information. If this type of dispute becomes a civil dispute, you can provide relevant evidence and appeal directly to the local people's court; 2. Have a business license; The holder of the business license is the legal representative. That's what many people call the boss.
If you have any questions, you can complain to your local Labor and Social Security Bureau. Apply for Labor Arbitration! The basic preparation materials are:
1. Your work card (brand) can prove your identity as an employee; 2. The original and photocopy of your ID card; 3. Your salary slip or the bank card issued by the employer to pay your salary; 4. A copy of the business license of the unit can be copied at the industrial and commercial bureau where the unit is located; 5. Go to the Labor Bureau to write the illegal matters of the unit, and the Labor Bureau (Labor and Social Security Bureau) has a standard document, and you can describe it in detail above. The court is either an appeal or a lawsuit. 6. Necessary witnesses, testimony, testimony, etc.
Of course, the more evidence, the better! When your rights and interests cannot be resolved in the first place by the labor department, you can file a complaint with the local people's court. For example, if you are in arrears of wages, you can directly appeal to the local court.
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The law is dead, people are alive, and when you encounter such an illegal situation, if you don't take the initiative to seek a solution and go to the labor department, then the labor law is of course useless!
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Wage arrears are labor disputes, and you can apply for labor dispute arbitration.
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If the boss is in arrears of wages, the employee can collect evidence of the boss's arrears of wages, and then negotiate with the local labor department, or directly apply for labor arbitration.
When your boss owes you wages, you need to collect relevant evidence, such as employment contracts, attendance records, payroll card records, etc. Be sure that your evidence is very strong evidence of wage arrears. For example, the labor contract should be within the validity period, and the expired labor contract should not be used.
Then bring this evidence to the local labor inspection department and ask them to come forward for consultation. Generally, the labor inspectorate will find your boss and help you get your wages. If the labour inspectorate does not take the initiative to negotiate for you, then you can file a complaint with the relevant unit.
In addition, you can also apply for labor arbitration directly, which is similar to a lawsuit. You need to be aware of the relevant labor laws and regulations, and of course you can find legal assistance or find a lawyer. However, the lawyer's fee is generally very high, and it is not the average person who hires it.
As long as you have sufficient evidence, you don't need to hire a lawyer at all. The arbitration can also help you claim wages based on the evidence you provide.
However, it is important to note that labor arbitration is very time-consuming and energy-consuming. Once your boss is not satisfied with the arbitration result, the waiting time will be extended before filing an appeal.
When you feel that labor arbitration is slow, or the evidence is still not resolved, you can find relevant ** to report. Generally, many cheating bosses will pay you a salary for the sake of reputation.
In this process, do not take extreme actions to ask for wages, otherwise it may have a bad effect.
In case of wage arrears, it is necessary to take reasonable means, and the labor inspection department complains, labor arbitration, and assistance are the most commonly used methods at present. You can choose reasonably according to your own situation.
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If the boss has been in arrears of wages, you should go directly to the labor bureau to sue the boss, of course, several of you can also sue in the district court together, so you can also defend your rights, and you can also ask a lawyer to send a lawyer's letter to the boss, and then let the boss know the seriousness of this matter.
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1. What to do if the boss has been in arrearsThe employer owes the wages to the employee, and the worker can request payment of wages in three ways: 1. The worker can complain to the local human resources and social security bureau for labor inspection; 2. You can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request payment of wages. If you do not have an employment contract, you can demand double the wages of the unsigned employment contract.
If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments. 3. If there is an IOU, you can directly sue the court to demand the payment of the salary amount in the IOU. Ways to defend the rights of unpaid wages:
1. The easiest way is to file a complaint with the local labor law enforcement inspection brigade, which will supervise and inspect the employer in accordance with the labor security supervision regulations and order it to pay the arrears of wages. 2. In accordance with the provisions of Article 30 of the Labor Contract Law, the local people's court may also 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. 2. What to do about wage arrears (1) Be calm and reasonable.
The Labor Law of the People's Republic of China stipulates that workers have the right to receive remuneration for their labor, the right to submit labor disputes for settlement, and other labor rights prescribed by law. (2) Learn to use the law to defend rights. If wages are in arrears, they can report to the local labor law enforcement department, and the law enforcement inspectors of the labor department will help coordinate and solve the problem; You can also go to the labor dispute arbitration institutions in various places to apply for arbitration, and if you are not satisfied with the arbitration, you can also go to the people's court to sue and enforce it; If you can't afford to pay for a lawsuit, you can also apply for a waiver of legal fees.
In short, with the help of ** and the law, you should get the remuneration you deserve. (3) The labor and social security departments have asked all localities to attach importance to the protection of the legitimate rights and interests of migrant workers. Make enterprises maliciously defaulting on and deducting migrant workers' wages the focus of labor security supervision and law enforcement, strictly investigate and deal with illegal acts of deducting migrant workers' wages in accordance with the law, and order employers to make up for the arrears of wages, so as to protect the legitimate rights and interests of migrant workers.
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If a private boss is in arrears of wages, he or she can investigate it himself or entrust a lawyer to conduct an investigation, and only after obtaining the relevant information required for filing a lawsuit can he go to court to file a lawsuit.
Legal analysisIn the case of the boss not paying the salary, you can negotiate first. If the negotiation fails, the employer can file a complaint with the local labor inspection department, and the labor inspection brigade will 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. You can also sue the other party through legal proceedings to protect your legitimate rights and interests.
The court prosecution process is as follows: 1. When the parties file a lawsuit, they should first submit the indictment, and submit the corresponding number of copies according to the number of the opposing party, and if the parties are citizens, the names, genders, ages, places of origin, and addresses of both parties should be indicated; If the party is a unit, the name and address of the unit, and the name of the legal representative or responsible person shall be indicated; 2. According to the principle of who asserts and who presents evidence, the plaintiff shall submit the corresponding materials to the court; 3. After the parties have completed the necessary formalities and submitted all relevant evidence, the case filing division shall, within seven days, handle the case filing formalities for those who meet the requirements for case filing; 4. The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receipt of the notice of acceptance; 5. After the case filing formalities, the case will be scheduled by the court for trial. How to bear the costs of litigation:
The filing fee is to be paid in advance by the plaintiff. Where the defendant submits a counterclaim, the case acceptance fee is to be calculated on the basis of the amount or value of the counterclaim, and the defendant is to pay it in advance. Where the parties have real difficulties in paying the litigation fees, they may apply to the people's court for a delay, reduction, or waiver of payment.
Whether or not to be suspended, reduced, or waived is to be reviewed and decided by the people's courts. When the case is concluded, the people's court shall notify the person in writing of a detailed list of litigation costs and the amount to be borne by the parties. At the same time, the judgment, ruling or mediation document shall specify the litigation costs to be borne by each party.
The parties shall settle the litigation costs with the people's court on the basis of the payment receipts and the judgment, ruling or mediation document, and refund the excess and make up the deficiency.
Legal basis"Civil Procedure Law of the People's Republic of China" Article 119:The following conditions must be met for a lawsuit: (1) the plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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Wages shall be paid to the worker in monetary form on a monthly basis, and wages shall not be deducted or owed to the worker without reason.
In case of wage arrears, it can be resolved in the following ways.
You can file a complaint with the local labor bureau for labor inspection.
You can go to the local labor bureau to apply for arbitration and demand payment of wages.
Apply to the court for a payment order or go directly to the court to file a labor lawsuit to recover wages.
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Lodge a complaint with the labor and social security administration department (Labor Inspection Brigade).
Apply to the Labor Dispute Arbitration Commission for labor arbitration. For example, on the grounds that wages were not paid on time and in full, the employee was requested to terminate the labor relationship and pay wages and economic compensation. If you still want to maintain the employment relationship, you can only ask for payment of wages.
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1. Complain to the Safeguards Supervision Brigade of the Labor Department, after which they will order the unit to pay the arrears of wages within a time limit; If the employer fails to pay within the time limit, they will order the employer to pay the employee additional compensation at the rate of 50% to 100% of the amount payable.
2. Apply for labor arbitration and request the employer to pay wages. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.
Ask the boss what to do if he owes wages, he is a black household, he has no property in his name, and there is really no money to pay.
If you don't have money, you can only wait for money to deal with it.
If there is no property, the enforcement will be suspended when the property is available. It's not that they won't be executed.
Where there is no property available for enforcement, the court may employ enforcement measures such as restricting high spending and joining the list of judgment defaulters, so as to prompt the person subject to enforcement to conscientiously perform effective legal documents at an early date.
Question: We are transporting dangerous goods, and the car is attached to the company, can we ask the company for wages?
Question: If the boss takes the debt himself, admits that he owes wages, and has nothing to do with the company, and we insist on asking the company for wages, will the court support me?
For example, work badges, labor contracts, and punch-in records.
Question: There is no labor contract, there is a company entry contract and an electronic waybill reviewed by the company.
Apply for labor arbitration first.
If there is an arbitration letter or lawsuit, you don't need to fight, just go to the court to enforce it.
Question: Labor arbitration issued a rejection, we went to the court to sue, he admitted that he owed wages, but there was no money for the time being, he was originally a black household, no bank card and no real estate, and five cars were sold.
If the other party really has no money, he can only enforce it when he has money.
Question: If he is a black account and can't get a bank card, how can I know that he has money? The first time I encountered this kind of thing, I didn't understand anything.
When answering the question of taking compulsory enforcement measures, the executive shall present his or her certificate. After enforcement is completed, a record shall be made of the execution and signed or sealed by the relevant persons present. The enforcing court may take the following measures to enforce it:
inquiry, freezing, and transferring the deposit of the person subject to the application for enforcement; withholding and withdrawing the income of the person subject to the application for enforcement; sealing, seizing, auctioning, or selling the property of the person subject to the application for enforcement; Search the property concealed by the person subject to the application for enforcement; Measures such as compel the person subject to the application for enforcement to deliver the property or documents specified in the legal documents.
To sum up, when the court enforces the enforcement and the other party has no money, the enforcement can only be suspended and resumed when the other party has property to be enforced.
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1. According to the regulations, the employer shall not delay or deduct the wages of the employee without reason. It is illegal for a boss to pay a worker in arrears.
2. According to your description, if the employer is in arrears of your wages, it is recommended to try to negotiate with the employer first, and ask the employer to pay wages in a timely manner.
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Hurry up and find labor arbitration to intervene in the process, and now it is faster to deal with it.
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What should I do if my boss owes my wages? You can go to the labor office to file a complaint.
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Go to his house and splash paint and block keyholes.
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Compensation standard for dismissal of employees under the Labor Law: According to the Labor Contract Law, if an employer terminates an employment relationship, it shall pay economic compensation to the employee. 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. Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment contract. If the employer dissolves or terminates the labor contract in violation of the law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation.
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Hello, we are happy to answer your questions. The boss doesn't pay money, how to deal with it? What is your situation? What if the boss doesn't pay money? Have you communicated with your boss? Well.
Questions. I communicated with him, he didn't send me money for living expenses, and he didn't reply to the message.
Is this the case that he has no money? What is the reason? Did you ask him?
What kind of company are you?
Questions. He has money, but now he doesn't send me some money to use, and when I ask him about his living expenses, he doesn't give the message and doesn't reply.
Is it time to pay your salary? Did you ask what's going on? Is she still in the unit?
Questions. In the unit, he has to delay more than 10 days every month to give me money, this time I asked him for money, but he did not reply to the message, and the money did not give me any living expenses.
That's all used to it, it takes more than ten days to pay money every month, and you wait more than ten days.
Questions. It's not going to work anywhere, and anyone will be annoyed if they keep delaying their wages.
Or is it just more than ten days a month, no, no salary, right?
Knowing that he is payrolled, then you can only communicate with him, if you can't communicate, just wait a few days, there is no way.
Questions. Yes.
What if it drags on for 1 month.
If it drags on for a month, you can ask him directly, and if he really doesn't give it, he won't call you a ** police.
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