What should I do if the wages are not paid and the wages are not paid

Hello! There are many situations of wage seizure, it is difficult to define a standard, I give you a suggestion, call 114 to check the local labor bureau**, and then call your wage seizure situation in detail ** to consult professionals, they will give you the best handling advice. This is the most effective way to help you solve the problem, I hope it will help you.

As long as you have been in the company for a month, if you do not sign a contract, it is legally a contract with an indefinite term, and it is permissible to say that the salary is not paid for more than one month, and it is illegal if it is not paid after one month

1. Can the boss seize the items if he does not pay the salary?

1. The boss cannot seize the goods without paying wages and know that they are out of sale, and the handling methods are as follows:

1) Report to the labor administrative department;

2) Apply to the Labor Arbitration Commission for arbitration;

3) If the applicant is not satisfied with the arbitration result, he or she shall file a lawsuit in court within 15 days after receiving the arbitration document.

2. Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China.

Legal Liability for Failure to Pay Labor Remuneration and Economic Compensation in Accordance with Law] If an employer falls under any of the following circumstances, the labor administrative department shall order it 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.

2. Is it illegal not to pay wages on time?

Whether it is illegal to pay wages on time depends on the specific circumstances. The details are as follows:

1. Wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed. If the employer deliberately defaults on the employee's wages without reason, it is illegal;

2. However, if the employer has a legitimate reason, it is necessary to explain the reason for the trip to the employee, and what the employee agrees to is not illegal.

Legal analysis: The seizure of other people's property without the consent of the other party is an illegal act, and it is seriously suspected of robbery and theft. The employer shall pay the wages to the workers in full on a monthly basis, and shall not delay the wages of the workers without reason.

Legal basis: Article 50 of the Labor Law of the People's Republic of China shall be paid in the form of money to the worker himself on a monthly basis. It is not allowed to withhold or unjustifiably default on the wages of the laborer.

Legal analysisThe employer shall calculate and pay the wages of the employee from the date of establishment of the labor relationship with the employee; Where the monthly wage system is implemented, the employer shall pay wages in accordance with the provisions of the wage payment system of the employer or the date agreed in the labor contract. In case of statutory holidays or public holidays, it shall be paid in advance; If the labor contract is terminated or dissolved with the employee in accordance with the law, the wages shall be calculated and paid to the date of termination or rescission of the labor contract, and shall be paid in a lump sum within 3 days from the date of termination or dissolution of the labor contract. However, if the employer suffers economic losses due to the employee's filial piety, the employer may require the employer to compensate for the economic losses in accordance with the provisions of the labor contract.

Compensation for economic losses may be deducted from the employee's salary. However, the monthly deduction shall not exceed 20% of the employee's monthly salary. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.

Legal basisLabor Law of the People's Republic of China Article 91 Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order it to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation: (1) deducting or delaying the worker's wages without reason; (2) Refusal to pay wages and remuneration for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard; (4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.

If the employer withholds one month's wages, the employee may terminate the labor contract and require the employer to pay the unpaid wages and severance payments. According to Article 50 of the Labor Law, wages shall be paid to the worker in the form of money on a monthly basis, and the wages of the worker shall not be deducted or owed without reason.

Article 38 of the Labor Contract Law provides that an employer may terminate a labor contract under any of the following circumstances: (1) Failure to pay labor remuneration in full and in a timely manner. Article 46 of the same Law:

Under any of the following circumstances, the employer shall pay economic compensation to the employee: (1) The employee terminates the labor contract in accordance with Article 30 of this Law.

Summary. Dear, I'm glad to answer for you, is it legal to withhold wages and not pay them, dear, it's not legal to withhold wages. Wages should be paid, and it is illegal to garnish wages.

Dear, I'm glad to answer for you, is it legal to withhold wages and not pay them, dear, it's not legal to withhold wages. Wages should be paid, and it is illegal to garnish wages.

Wages shall be paid in accordance with the provisions of the contract, including basic salary, bonuses, allowances and commissions. If it is illegal to delay or withhold wages, you can demand full payment and pay 25% of the arrears of wages as financial compensation. If the payment date of the waiter fruit is more than 15 days agreed in the contract, it will be regarded as late payment.

It is recommended that the dispute be resolved through negotiation. If the negotiation fails, an application for labor arbitration may be made, which shall be submitted to the labor arbitration commission of the place where the unit is registered. When the labor contract relationship is terminated, the employer shall pay wages immediately and shall not breach the contract.

I get a monthly salary, and now that the factory has nothing to do, do I feel that these people who get a fixed salary are so legal.

Dear, this is not illegal, the factory has the right to fire workers.

He is feeling the wages not the dismissal of the workers.

Dear, then it is illegal, and you can complain to the Labor Bureau.

My current fixed salary is 6,000 yuan, and now I have nothing to do in the factory, so I want to feel your 2,000 yuan salary and then withdraw 6,000 yuan when you have something to do.

You don't have my question yet.

Under normal circumstances, if there is an objection to the issue of the capital of the Hail Shed, there are the following ways to protect rights, first of all, the two parties can negotiate, and if the negotiation fails, they can apply for labor arbitration, and if they are not satisfied with the arbitration result of labor source transfer, they can file a civil lawsuit.

Dear, have you signed a contract?

There is a signed contract.

Dear, if you sign a contract, you have to pay the original salary as usual, otherwise it is illegal.

Legal analysis: Under normal circumstances, employees' wages should be paid on time, if they cannot be paid, they can be negotiated in advance, and if the negotiation fails, they can be resolved through the following ways: 1. You can apply for labor arbitration and require the employer to pay you the arrears of wages, deposits, economic compensation, double wages without signing labor contracts (starting from the second month of employment, up to 11 months), overtime wages, etc.; The statute of limitations for labor arbitration is one year from the time you leave your job.

2. In labor disputes, it is key to have evidence to prove the labor relationship, such as work permit or work card (preferably stamped with the official seal), salary card transaction records, salary slips, tooling with the name of the company, individual income tax payment certificate printed and stamped by the local taxation bureau, temporary residence permit handled by the employer for you, attendance records, social insurance payment records, work orders, colleague testimonies (resigned and in-service can be used), audio and video recordings or other written materials with your name and official seal or the boss's signature, etc.; Of course, it is possible to apply for labor arbitration without evidence, but there is a risk of losing the lawsuit; 3. When applying for labor arbitration, you need to bring the arbitration application, a copy of your ID card, relevant evidence, and a copy of the employer's business registration information or business license when filing the case. After the case is filed, **, and then mediated, and the arbitration committee issued an award if the mediation fails.

Legal basis: Labor Contract Law of the former People's Republic of China

Article 11 Where the employer fails to conclude a written labor contract at the same time as selling tomatoes, and the labor remuneration agreed upon with the worker is not clear, the remuneration of the newly recruited worker shall be implemented in accordance with the standard stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented.

Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.

Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and in a timely manner. 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 people's court shall issue a payment order in accordance with the law.