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Negotiation, if the negotiation fails, you can go to the local court to sue.
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 local labor dispute arbitration institution to apply for arbitration, and if you are not satisfied with the arbitration, you can also go to the people's court to file a lawsuit and enforce it.
1. The easiest way is to file a complaint with the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with Article 26 of 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, if the employer is in arrears or fails to pay the labor remuneration in full, the employee 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.
3. The most effective is to apply for labor arbitration directly to the local labor administrative department (no fees, no lawyer), and claim compensation from the unit through the award issued by labor arbitration, and if it is not compensated, it can be applied to the court for enforcement.
4. If the labor arbitration is not accepted or the arbitration is unfair, a civil lawsuit can be filed with the court within 15 days and directly executed through the court judgment.
5. While claiming wages in the above ways, you can also request the employer to pay you additional compensation according to the standard of 50% to 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law.
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Legal analysis: If a private boss is in arrears of wages, the worker may file a complaint with the local labor inspection department or apply for labor arbitration, and the labor administrative department shall order the employee to pay the employee's wages and economic compensation, and may also order the employee to pay compensation.
Legal basis: Interim Provisions on Payment of Wages
Article 18 The labor administrative departments at all levels shall have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:
1) Withholding or defaulting on the wages of workers without reason;
2) Refusal to pay wages for extended working hours;
3) Paying wages to workers at a rate lower than the local minimum wage.
The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
Labor Law of the People's Republic of China
Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Article 51 The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with law.
Article 79 After a labor dispute arises, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
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) Withholding or defaulting on the wages of workers without reason;
2) Refusal to pay wages and remuneration for extended working hours;
3) Paying wages to workers at a rate lower than the local minimum wage.
4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.
Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes
Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:
1) Disputes arising from the confirmation of labor relations;
2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;
3) Disputes arising from removal, dismissal, resignation, or resignation;
4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;
5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;
6) Other labor disputes as stipulated by laws and regulations.
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Legal analysis: In the case of wage arrears, you can first negotiate and mediate with the boss, and it is best to ask the boss to write an IOU; If the negotiation fails, the applicant may file a complaint with the labor administrative department or apply for labor arbitration; If none of the above methods can be solved, a civil lawsuit can be filed with the court. It should be noted that employees should collect and keep evidence such as salary IOUs and employment certificates in a timely manner to support and protect their legitimate rights and interests.
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 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 employee's labor remuneration 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 lower than the local minimum wage standard; (3) Arrange 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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Private bosses who are not paid wages in arrears may apply to file a complaint with the Labour Inspectorate. Legal analysis: It is advisable to file a complaint with the labor inspection department about this illegal act of the unit, or negotiate with the boss.
What to do if the private boss does not pay the arrears of wages
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If a private boss fails to pay wages in arrears, he may apply to file a complaint with the Labor Inspection Bureau. Legal analysis: It is recommended to file a complaint with the labor inspection department about the company's stupid illegal behavior, or negotiate with the boss.
Legal basis: Article 9 of the Interim Regulations on the Payment of Wages means that when both parties dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in one lump sum when the labor contract is dissolved or terminated. Article 18 Labor administrative departments at all levels have the right to supervise the payment of wages by employers.
If an employer commits any of the following acts that infringe upon the lawful rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation: (1) deducting or delaying the worker's wages without reason; 2) Refusal to pay wages for extended working hours; 3) Paying wages to workers at a rate lower than the local minimum wage. The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration organ for arbitration in accordance with the law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court. In order to avoid wage arrears, employees need to keep the proof of labor relationship.
In addition, the situation of the payment of wages by the unit is recorded, and it is used as evidence for the failure to pay wages in the future.
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What to do if the private boss does not pay the arrears of wages: Hello! If the private boss is in arrears of wages, the worker can file a complaint with the local Lao Kai Escort Supervision Department or apply for labor arbitration, and the labor administrative department will order him to pay the worker's wages and economic compensation, and may order him to pay compensation.
Basis of the law: Article 18 of the Interim Provisions on the Payment of Wages Article 18 The labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the lawful rights and interests of a worker, the labor administrative department shall order it to pay the wages and economic compensation to the worker, and may also order Sun Qiaoqi to pay compensation:
1) Withholding or defaulting on the wages of workers without reason; 2) Refusal to pay wages for extended working hours; 3) Paying wages to workers at a rate lower than the local minimum wage.
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If a private employer fails to pay wages in arrears, the worker may file a complaint with the local labor and social security supervision agency, or apply to the labor dispute arbitration committee within the local human resources and social security bureau for arbitration and demand payment of wages. According to the provisions 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 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 employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; At the same time, the Labor Law stipulates that wages shall be paid to the worker himself on a monthly basis in the form of money.
Wages shall not be deducted or unjustifiably delayed.
Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China provides that 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) Failure 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 lower than the local minimum wage standard;
(3) Arrange 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. Wang Zheng.
Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
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Summary. In the event of a labor dispute in accordance with Article 5 of the Law on Mediation and Arbitration of Labor Disputes, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
Hello, it's a pleasure to answer for you; If a private boss is in arrears of wages, the worker Li Bi can ask for it in the following ways: negotiate with the company; Lodge a complaint with the Labor Administration Department; apply for mediation with a mediation organization; Apply to the Labor Dispute Arbitration Commission for arbitration; Directly request a payment order from the people's court; Dissatisfied with the labor arbitration award, file a lawsuit with the people's court to provoke and leniency; Other.
In the event of a labor dispute in accordance with Article 5 of the Law on Mediation and Arbitration of Labor Disputes, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform the mediation agreement after reaching a messy mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court except as otherwise provided for in this Law.
In general, if there is a labor contract, you can use some legal means, and if there is no labor contract, then you can apply to the labor department for labor arbitration with the salary documents, although it is more troublesome than the procedures without a labor contract, but you can also get your salary back.
If the employer is in arrears of wages, the employee can file a complaint with the labor administrative department or directly apply for labor arbitration. If you complain to the labor administrative department, you should go to the labor inspection brigade in the urban area to complain about the company's wage arrears, and the labor inspection brigade will accept it, leave the relevant information of the complainant, and then contact the complained company to investigate and understand, if the situation is true, the labor inspection brigade will come forward to mediate, and require the complained company to correct its violation of the labor law and other relevant laws and regulations within a time limit, if the company refuses to implement, the labor inspection brigade will apply to the court for compulsory enforcement, and punish the unit. Wage arrears are a common problem that employees can solve with the following methods: >>>More
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