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Whether or not the wages that have been in arrears for several years can be recovered depends on many factors, such as the economic situation and degree of cooperation of the delinquent unit, whether it is outdated, and the strength of law enforcement by relevant departments. To recover wages, you can file a complaint with the labor inspectorate, you can apply for labor dispute arbitration, and if you have an IOU, you can apply to the people's court for a payment order.
1. Where there is an IOU, they may directly apply to the people's court for a payment order.
1. Basic information such as the name of the worker and the employer;
2. The amount of wages that the employee requires from the employer;
3. The facts and evidence on which the employee's claim is based;
4. The property status of the employer and the property available for enforcement.
2. If you file a complaint with the labor inspectorate, the labor inspector shall order you to pay within a time limit; If the payment is not made within the time limit, it shall be ordered to pay compensation according to 50-100% of the arrears.
Complaints to the labor inspection can be made verbally or in writing, and the employer needs to submit his or her ID card and evidence of the employer's arrears of wages.
Advantages: simple way; Disadvantages: Enforcement may not be very strong in various places.
3. Apply to the labor dispute arbitration commission at the place where the employer is domiciled or where the labor contract is performed.
To apply for labor dispute arbitration, a copy of the arbitration application and a total of copies according to the number of respondents shall be submitted, and a copy of the applicant's ID card; 2 copies of relevant evidence and a list of evidence; In some areas, it is also necessary to provide the business registration information of the employer. The statement of claim for arbitration shall contain the following particulars:
1) The name, gender, age, occupation, work unit, address, mailing address and contact ** of the worker, the name, address, mailing address, contact ** of the employer, and the name and position of the legal representative or the principal responsible person;
2) the claim for arbitration and the facts and reasons on which it is based;
3) Evidence and evidence**, names and addresses of witnesses.
If the copy is submitted, the original shall be inspected by the Arbitration Commission.
A special statute of limitations applies to the employee's recourse to labor remuneration, which is one year from the date of dissolution or termination of the labor relationship.
Advantages: In addition to wages, compensation can also be claimed, etc., and it can generally be finally settled; Disadvantages: There are many procedures, professional guidance is required, and it takes a long time to meet the malicious litigation of the employer.
Since some provinces and municipalities do not support the payment of compensation within the time limit without the labor inspection, it is recommended to file a complaint with the labor inspection first, and apply for labor dispute arbitration if the payment is not made within the time limit.
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Or come back.
There is a time limit for the borrowed money to be returned.
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Legal analysis: If the salary has not been changed for ten years, you can ask for it, but you must keep the record of the on-the-job work and the record of not paying the salary at that time. Attendance records shall be submitted to the Labor Bureau for arbitration. You can also go directly to the court to file a complaint and find a local legal aid lawyer.
Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China If an employer falls under any of the following circumstances, the labor administrative department shall order the employer to pay the labor remuneration, overtime pay or economic compensation within a time limit lower than the local minimum wage standard, and shall pay the difference in the period if it fails to pay the difference, and order the employer to pay additional compensation to the employee according to the standard of 50% to 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 the worker's wages lower than the local minimum wage standard, (3) arranging overtime work and not paying the additional shift pay, (4) dissolving or terminating the labor contract, and failing to pay economic compensation to the worker in accordance with these Regulations.
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Summary. Hello, this time is too long to get back, and it is impossible to apply for labor arbitration. 1. The limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.
2. Paragraph 4 of Article 27 of the Law on Mediation and Arbitration of Labor Disputes stipulates that if a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration stipulated in the first paragraph of this article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.
3. Therefore, if you left the company a few years ago, and now you only remember to ask for wages and file labor arbitration, the statute of limitations for arbitration has already passed, and of course the arbitration cannot be supported.
4. If you only think about asking for wages now, there are only two ways to get your wages back:
1. The other party is willing to pay you wages;
2. The other party undertakes to be willing to pay the arrears of wages, in which case the statute of limitations for arbitration shall be recalculated.
5. If you have evidence to prove that you have been claiming wages in the past few years, and there is no one-year statute of limitations for arbitration, or you have been working in your original employer, you can also apply for labor arbitration directly.
Can I get my salary back from a few years ago?
Hello, this time is too long to get back, and it is impossible to apply for labor arbitration. 1. The limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.
2. Paragraph 4 of Article 27 of the Labor Dispute Mediation and Arbitration Law stipulates that if a dispute arises during the existence of the labor relationship due to arrears of labor remuneration, the employee's application for arbitration shall not be subject to the limitation period for arbitration stipulated in the first paragraph of this article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship. 3. Therefore, if you left the company a few years ago, and now you only remember to ask for wages and file labor arbitration, the statute of limitations for arbitration has already passed, and of course the arbitration cannot be supported.
4. If you only think about asking for wages now, there are only two ways to get your wages back: first, the other party is willing to pay your wages to you; 2. The other party undertakes to be willing to pay the arrears of wages, in which case the statute of limitations for arbitration shall be recalculated. 5. If you have evidence to prove that you have been claiming wages in the past few years, and there is no one-year statute of limitations for arbitration, or you have been working in your original employer, you can also apply for labor arbitration directly.
The expiration of the statute of limitations for arbitration only indicates that the employee has lost the "right to win" and cannot protect his rights and interests through the arbitration procedure, but there is still the "right to win", and even if the statutory statute of limitations for arbitration is exceeded, the employee can file a lawsuit with the people's court for the labor dispute.
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Summary. Hello dear <>
3.Influencing factors: There are other factors to consider, such as the bankruptcy of the company, the preservation of payroll records, etc. These factors can affect your ability to recover your wages.
Can you get your salary back ten years ago?
Hello dear [Xian Tan Mu Hua], the salary of ten years ago cannot be returned, the following are some common situations and precautions: 1Timeliness:
Laws vary from region to region regarding the timeliness of a large recovery of unpaid wages. Normally, you need to file a lawsuit or make a claim within a certain period of time, and if the time limit is exceeded, you will not be able to recover the salary.
Hello dear <>
2.Evidence: The recovery of wages before the 10th Orange Book needs to be supported by sufficient evidence, such as wage slips, contracts, employment contracts, bank transfer records, etc., and you need to prove that the wages have not been paid or settled, and provide relevant evidence to support your claim. Round potato macro.
Hello dear <>
3.Influencing factors: The stool inspection also needs to consider other stool return factors, such as the company's bankruptcy situation, salary record keeping, etc. These factors can affect your ability to recover your wages.
Hello dear <>
According to the above, the salary of ten years ago cannot be returned, I hope mine will be helpful to you.
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Summary. Hello, it is a pleasure to serve you, and the salary of ten years ago can be returned. However, you will need to keep a record of your current employment and non-payroll records. Attendance records shall be submitted to the Labor Bureau for arbitration. You can also go directly to the court to file a lawsuit.
Hello, it is a pleasure to serve you, and the salary of ten years ago can be returned. However, you will need to keep a record of your current employment and non-payroll records. Attendance records are postponed and submitted to the Labor Bureau for arbitration. You can also go directly to the court to litigate. Wu hand.
According to Article 85 of the Labor Contract 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 compensation for compensation within a specified period of time lower than the local minimum wage standard.
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Summary. Hello, the salary of ten years ago can be returned, but it is necessary to keep the work records of the work at that time, the records of unpaid wages and attendance records, and apply for arbitration at the Labor Bureau.
Hello, the salary of ten years ago can be returned, but it is necessary to keep the work records of the on-the-job work bureau at that time, the records of the wages that did not pay Doutong and the attendance records, and apply for arbitration at the Konglatan Labor Bureau.
Hello, according to the relevant provisions of the Labor Law of the People's Republic of China, if the employer has the following circumstances, the labor department shall order the payment of labor remuneration, overtime pay and economic compensation within a time limit. If the labor remuneration is lower than the minimum wage standard, the employer shall pay the difference in the amount of the employee, and if it fails to pay, the employer shall be ordered to pay additional compensation to the employee according to the standard silver incentive of between 50% and 100% of the amount payable.
Hello, such as the following situations:1The employer fails to pay the employee's labor remuneration in full in accordance with the labor agreement.
2.lower than the local minimum wage standard. 3.
Overtime is not paid for overtime. 4.Unilateral termination of the labor contract.
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If the salary has not been changed for ten years, you can ask for it, but you must keep the record of your on-the-job work and the record of not paying your salary at that time. Attendance records, Zao Lu to the Labor Bureau for arbitration. You can also go directly to the court to file a complaint and find a local legal aid lawyer.
Legal basis: Labor Contract Law of the People's Republic of China Article 85 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, and if the remuneration is lower than the local minimum wage standard, it shall pay the difference and fail to pay the difference within the period, and order the employer to pay additional compensation to the employee according to the standard of 50% to 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 the wages of the worker below the local minimum wage standard, (3) arranging overtime work and not paying overtime pay, (4) dissolving or terminating the labor contract, and failing to pay economic compensation to the worker in accordance with these Regulations.
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