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Under normal circumstances, the parties concerned should first file a complaint with the labor inspection department or apply to the labor arbitration commission for arbitration, and only if they still fail to pay after being urged by the labor administrative department to constitute the crime of refusing to pay labor remuneration, so that it will be useful to report to the police.
Article 7 of the Interim Regulations on the Payment of Wages: Wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day.
Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.
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It is useless to call the police, the easiest way is to complain to the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the "Labor and Social Security Supervision Regulations" in accordance with the law, and order it to pay the arrears of wages. 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. 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
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1. Can the boss call the police if he owes wages and does not pay them?
1. The boss owes wages and does not pay:
1) If the wages are in arrears, they should first complain to the local labor bureau;
2) It can be alarmed. If the employer still fails to pay after being notified by the Labor Bureau, it may report to the police and accuse the boss of the crime of refusing to pay labor remuneration and request that he be investigated for criminal responsibility. In addition, they can also apply to the labor arbitration commission for arbitration, and if they are not satisfied with the arbitration, they can also file a lawsuit with the court.
2. Legal basis: Article 2 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China.
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.
2. What are the materials to be submitted to apply for labor arbitration?
The materials to be submitted to apply for labor arbitration are:
1. Elaborate on the reasons and requirements for arbitration, and provide corresponding copies according to the number of persons to be applied for arbitration;
2. The identity certificate and photocopy of the applicant for arbitration;
3. If there is a principal, it is also necessary to have a power of attorney signed and submitted in person, and the specific entrustment matters need to be indicated in its content, in addition, a copy of the ID card of the entrusted person must be submitted;
4. Evidentiary materials that can prove the existence of an employment relationship between the arbitration claimant and the respondent and the matters to be applied for.
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1. Under normal circumstances, the parties concerned shall first complain to the labor inspection department or apply to the labor arbitration commission for arbitration, and only after the supervision of the labor administrative department does not pay constitute the crime of refusing to pay labor remuneration, so that the police will be useful.
2. [Legal basis].
3. Article 7 of the Interim Regulations on the Payment of Wages: Wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day.
Wages are paid at least once a month, and wages can be paid on a weekly, daily, and hourly basis if the weekly, daily, and hourly wage system is implemented.
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.
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