If a contract is not signed, can a private boss apply for labor arbitration if he owes wages?

You can find labor arbitration from the Human Resources and Social Security Bureau, or you can negotiate to deal with it.

Labor Contract Law.

Article 2 This Law shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China (hereinafter referred to as "employers") that establish labor relations with workers and conclude, perform, modify, dissolve or terminate labor contracts.

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; 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.

You can first go to the labor inspection to report it. In the case of arbitration, you need to provide evidence that the employer owes you wages.

Legal analysis: 1. You can apply for labor arbitration, requiring 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. The premise of filing a civil lawsuit is that there is evidence to prove the labor relationship, such as tooling with the name of the company, work permit or work card (preferably stamped with the official seal), salary card transaction records, salary slips, attendance records, social insurance payment records, colleague testimony (resignation and in-service can be done), audio and video recordings or other written materials with your name and official seal or the boss's signature, etc. (including the work card with the official seal, social insurance payment records, documents with your name and official seal, and one sufficient to prove the labor relationship).

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee 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.

Labor 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 defaulting on the wages of the worker 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.

1. To the labor department to complain first to the labor supervision brigade to complain, the labor supervision brigade mediation, it is not mandatory, can only go to the company for mediation, if the mediation is successful, the salary can be recovered, if the mediation is unsuccessful, and then to the labor layout complaint. 2. To apply for labor arbitration, to apply for labor arbitration, you need to go to the industrial and commercial bureau to print the information of the employer before submitting the application. Arrears of wages shall be subject to legal liability for late sales, which stipulates in Article 50 of the Labor Law of our country:

Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed. Article 91 Where an employer infringes upon the lawful rights and interests of a worker under any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the employer to pay compensation:

1) Deducting or guessing the code of arrears of wages for no 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.

What is the need to go through the labor arbitration process for arrears of wages?

If the employer and the employee belong to an employment relationship, and the employer defaults on the employee's wages, the employee may apply for labor arbitration.

1. If the worker works for the employer, there are two ways to request payment of wages:

1. Workers can complain to the local labor bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;

2. The worker can apply for arbitration at the local labor bureau and demand payment of wages. If you do not have an employment contract, you can also 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.

Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

2. If the worker is working for an individual, it is not considered an employment relationship, and he can directly go to the court to sue the individual boss and demand payment of labor remuneration.

An employer's failure to pay wages to an employee is an act of infringing on the rights of the employee. According to the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration, an employee may apply to the labor dispute arbitration committee for labor arbitration to claim legitimate rights and interests within one year from the date on which he or she knows or should know that his or her rights have been infringed. When an employee applies for labor arbitration, he or she shall submit an Application for Labor Arbitration, which shall contain the following matters:

1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or 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. At the same time, the worker should also submit the following materials: 1. The original and photocopy of the worker's identity certificate.

2. Relevant materials that can prove the existence of labor relations with the respondent, such as labor contracts, notices of dissolution or termination of contracts, salary slips, social insurance payment certificates and other materials. 3. The respondent's industrial and commercial registration information.

If the employer is in arrears of wages if the labor contract is not signed, you can appeal to the labor bureau for arbitration to protect your labor rights and interests, so you don't have to worry.

Although there is no written contract, as long as you work for the boss and a de facto labor contract has been formed, he must pay you, and if you don't pay, you will go to labor arbitration to complain to him.

The arbitration process mainly includes the following points: 1. The parties need to submit an application for arbitration; 2. For the acceptance of arbitration, the staff of the arbitration commission shall make a decision on whether to accept the arbitration or not to accept the arbitration within 5 days from the date of receipt of the arbitration application; 3. ** trial; 4. Arbitration and mediation: When the arbitral tribunal deals with labor disputes, it shall first mediate, and after ascertaining specific facts, the parties shall voluntarily reach an agreement; 5. Arbitral awards.

Question Okay, thank you.

You can go to the Human Resources and Social Security Bureau to apply for labor arbitration, and if you can't, you can only go to the court to sue.

You can negotiate with the boss first, and if the negotiation fails, you can consider going to labor arbitration to ask for wages.

If your boss doesn't sign a contract with you, then he should compensate you for double your salary.

The company can ask for up to 11 months of compensation, and this type of labor arbitration like yours is the easiest, as long as there is evidence to prove the employment relationship.

Know that pay slips, work clothes, badges, etc. can be used as evidence in labor arbitration.

If the labor contract is not signed, the private boss is in arrears of wages, and he has to ask the boss for it. The best way to be simple and straight is to use fists, and it is useless to say too much. Other methods are too costly.

If the labor contract has not been signed, and the private boss is in arrears of wages, and there is evidence and relevant materials to prove that he worked there, he can go to labor arbitration.

Find evidence that can prove the existence of labor relations, such as ** recording, on-site work**, work clothes, etc., and go to the labor bureau to complain and deal with it.

If you have not signed a labor contract and your private boss is in arrears of wages, then you can file a complaint with the local social security bureau

You collect evidence first, and then complain to the boss to the labor bureau, and it will be resolved quickly if there is evidence.

To file a complaint with the Labor Bureau, it is advisable to provide evidence that you work in it to apply for double pay.

Apply for labor arbitration at the Human Resources and Social Security Bureau first? If you are not satisfied with the outcome of the labor arbitration, you can file a lawsuit in court. aqui te amo。

Go to the labor arbitration commission or the labor inspection brigade and sue him.

As long as the work evidence is sufficient, go directly to apply for labor arbitration.

If a private boss is in arrears of wages and has not signed a labor contract, it is illegal to find the labor bureau for arrears of wages, and it is useless to do labor arbitration, and he will not care, only to go to the labor inspection brigade or go to the court to file a lawsuit, but this requires conclusive evidence.

As long as the private boss has a business license, working for him is an employment relationship.

If the labor contract is not signed, the employee violates the provisions of Article 10 of the Labor Contract Law, and shall bear the legal responsibility of paying twice the salary stipulated in Article 82, which shall be calculated from the day after the completion of one month of work, but shall not exceed 11 months.

The arrears of wages violate Article 50 of the Labor Law, which stipulates that "wages shall be paid to the workers themselves in the form of money on a monthly basis, and the wages of the workers shall not be deducted or in arrears without reason", and infringe upon the legitimate rights and interests of the workers, and should be repaid.

Although no labor contract has been signed, it does not affect the formation of a de facto employment relationship.

For evidence or proof of the formation of a de facto employment relationship, please refer to the following provisions of the Notice on Matters Concerning the Establishment of Labor Relations:

2. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;

4) Attendance records;

5) Testimony of other workers, etc.

Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

It is a labor dispute and can be resolved by applying for labor arbitration.

If the private boss does not sign the labor contract and is in arrears of wages, the employee can apply to the labor dispute arbitration commission for arbitration to claim wages, and can issue the following documents to prove the existence of a de facto labor relationship between the employer and the employee: attendance records; A certificate issued by the employer to the employee to prove the employee's identity; The employer's employment record filled in by the employee; attendance records; Other.

1. What should I do if there is no contract in labor arbitration?

If there is no labor contract to apply for labor arbitration, the employer and the employee may be proved to have an employment relationship through the following documents: the employment record of the employer filled in by the employee; attendance records; Wage payment vouchers or records, records of payment of various social insurance premiums; A certificate issued by the employer to the employee to prove the employee's identity; Testimonies of other workers, etc.

2. What should I do if the labor contract is lost?

After the labor contract is lost, the party concerned can continue to apply for arbitration by proving the existence of an employment relationship between the employer and the employee through the following evidence: the employment record filled in by the employee with the Dadong Hall; Wage payment vouchers or records, records of payment of various social insurance premiums; attendance records; A certificate issued by the employer to the employee to prove the employee's identity; Testimonies of other workers, etc.

3. Can I get a work-related injury without a contract?

If you have not signed an employment contract, you can apply for work-related injury recognition by proving the existence of an employment relationship between the two parties through the following documents: attendance records; Wage payment vouchers or records, records of payment of various social insurance premiums; The employer's employment record filled in by the employee; A certificate issued by the employer to the employee to prove the employee's identity; The testimony of his laborers, etc.

Article 2 of the Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations.

If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;

4) Attendance records;

5) Testimony of other workers, etc.

Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).