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1. Step 1: Collect the existenceLabor Relationsevidence
One of the reasons why many bosses "unscrupulously" owe wages is that employers do not sign labor contracts with employees.
They feel that there is no basis for workers to ask for wages, so they blindly default on the wages of workers. Therefore, before engaging in any wage bargaining, the employee needs to collect evidence that can prove the existence of an employment relationship with the employer. For example, employment contracts with company seals, attendance and clock-in records, pay stubs, employment certificates, wage IOUs, etc.
2. Step 2: Communicate and negotiate with the employer with the corresponding evidence.
Whether or not it is resolved through legal means, the most expeditious solution is the first and most expeditious solution. On the premise of collecting relevant evidence, the employee may negotiate with the person in charge of the employing unit or the boss on the time, method and amount of wages, and demand the payment of his own wages.
3. Step 3: Get your salary back legally through legal channels
There are many migrant workers who are forced to be anxious because they have not been able to get their wages for a long time, so they resort to wrong ways to force their bosses to hand over their wages, such as detaining their bosses. However, these practices not only do not solve the problem of being owed wages, but also lead to criminal penalties.
Pay for one's whistle. At this time, the worker should remain calm and can go to the labor inspection first.
If the complaint fails, the department will directly apply to the local labor administrative department for labor arbitration.
4. Step 4: When filing a lawsuit, it is necessary to apply for pre-litigation preservation of the property of the employing unit.
In order to avoid the embarrassing situation of not receiving wages after winning a wage arrears lawsuit, employees must apply for pre-litigation property preservation when seeking legal help, so as to avoid the transfer of property by the employer and ensure that their wages are paid as soon as possible.
5. Step 5: In the case of wage arrears, decisively apply for a payment order.
According to labor laws.
for wilful wage arrears by employers.
In this case, the employee may apply to the court for a payment order based on the specific circumstances to require the employer to pay the full amount of labor remuneration.
When it comes to the Chinese New Year, everyone's money bag must be full in order to have a fat year. Therefore, the debts that should be owed must be paid well, and the wages that should be paid should also be paid in full. According to the above salary negotiation skills, you can not only avoid the pain of unpaid wages, but also quickly get back the unpaid wages.
In order to help those in need around you, get up quickly!
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Illustrate with a case. In the case of a relaxed atmosphere for eating or chatting, remind the boss with the side of a friend's company's timely salary.
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As follows:
Express concern: Is it because the boss didn't pay his salary because something happened to the company recently?
Put forward the demand: Recently, because of something, I need to use money, and I hope the boss can pay the salary.
I've run into an unscrupulous boss, and my advice is as follows:
1. Don't be tactful, this matter should be mentioned with confidence, it's not your fault, what is the euphemism?
2. I understand what you mean, I'm afraid that the way of mentioning it is too hard for the leader to come to the stage, or the leader will have a bad opinion of you, and it may not be easy to get along in the future. However, if he is in arrears every month.
What are you going to do about it?
3. This kind of late salary should not be reminded by you, but should be taken the initiative to explain to everyone why the salary should be paid late, and have a sincerity with everyone. What kind of leader is this black and white?
4. Now there are some unscrupulous small bosses, who are still arrogant in arrears of wages, and they are just eating most of the employees with the same psychology as you, so they do whatever they want. We have to teach them how to behave reasonably and legally.
5. Remember: the purest relationship in the world is the "money relationship," you spend money on my labor, and you have to pay for it at the end of the day, which is no different from going to a restaurant to eat and spend, that's all. Don't make a personal friend, get involved in love, you are familiar with the restaurant owner, do you see you eat a bully meal to try?
The extrinsic factors of wages refer to some economic factors that have nothing to do with the status and characteristics of the work, but have a significant impact on the determination of wages. Extrinsic factors are more specific and visible than intrinsic factors.
1) The cost of living and the price level.
2) Business affordability.
and 3) the level of wages prevailing between regions and industries.
4) Labor market.
supply and demand situation.
5) Potential substitutes for labor.
6) The elasticity of demand for the product.
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When chatting, he said that he had no money to buy anything, or that he had to pay for charging and water, and the boss naturally understood.
Asking your boss to borrow money is also a good idea.
Wages are wages.
A type of salary, that is, the employee's salary, is the salary of the employee in a fixed working relationship with the time rule of payment, which is the remuneration for labor services.
One of the main forms.
In a sense, compensation is a variety of rewards for an organization's contribution to its employees, including their attitudes, behaviors, and performance.
Broadly speaking, compensation includes external rewards such as salary, bonuses, and time off, as well as internal rewards such as participation in decision-making and greater responsibility. External rewards refer to the employee's contribution to the employment relationship.
The various forms of rewards received from outside oneself are also called external compensation. External compensation includes both direct and indirect compensation. Direct compensation is the main component of employee compensation.
It includes the employee's base salary, which is the base salary.
Such as weekly salary, monthly salary, annual salary.
Wait; It also includes incentive compensation for employees, such as performance-based pay.
dividends and profit sharing, etc. Indirect compensation is benefits, which include various insurances, non-working day wages, additional perks, and other services provided by the company to employees, such as bachelor apartments, free working meals, etc.
Internal returns refer to the psychological returns felt by employees themselves, which are mainly reflected in some social and psychological returns. It generally includes participation in business decisions, access to greater workspace or authority, greater responsibility, more interesting work, opportunities for personal growth and diversification of activities, etc. Internal returns are often invisible and intangible, and are not simply material contributions.
For enterprises, if used properly, it can also have a greater incentive effect on employees. However, in management practice, the method of internal return is often overlooked by managers. Managers should recognize the importance of internal returns and use them wisely.
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This is an interesting question. Either the leader deliberately delayed the payment of wages, or indeed forgot, no matter what the reason, if you want to euphemistically remind the leader that it is time to pay wages, you can do it like this: 1. Inadvertently say in front of the leader, why has the salary not yet arrived, and it has been received at this time, is it a problem on the bank's side?
As soon as the leader hears it, whether intentionally or unintentionally, he knows that you are concerned about the issue of salary, and he should also deal with it. 2. If you happen to be next to the leader, you can say in the small talk what electrical appliances you want to buy this month, and calculate that this month's salary is almost used up, and finally say, check whether the salary has arrived, if it arrives, you are ready to buy, I think the leaders are eye-catching people, and they will not be indifferent, right? 3. When I met the leader, by the way, I said that a colleague went to check, said that the salary had not yet arrived, and said that I would ask the leader, is there any problem with the bank?
Asking yourself the questions you want to ask through someone else's mouth will neither make the leader think you are doing it on purpose nor embarrass him.
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You can pretend to be short of money, borrow money from the boss, hint that time is passing quickly, and so on
1. Deliberately hit ** in front of the boss: "Landlord, you know that you should pay the rent, please be tolerant for two more days, I will wait for the salary to be paid as soon as the salary arrives!" "And so on, make yourself look a little embarrassed, hinting at the boss.
I also have feelings for working with my boss, so don't be too embarrassed, and meet often. Sometimes the boss doesn't remember a lot of things, so be considerate of the boss.
2. Borrow money from the boss, but there is no money to use. Hint. There are also feelings for working with the boss, don't be too embarrassed, the boss sometimes doesn't remember because of a lot of things, and there are also people who deliberately delay, so hint at it first.
3. It can also be said that "this month is really fast".
4. Ask the boss what number it is today, just be real and not hypocritical.
5. Tell the boss's relatives or close people to help ask on behalf of the boss, so as not to embarrass the two too much.
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The boss always delays the payment of wages, and I personally think that I should continue to work. After all, the late salary is paid, but it is a little late, and the boss also has difficulties, so he must learn to understand, as long as he is not too late to be in arrears. The key to late pay depends on how long the delay is, and whether you can bear the worries caused by the delay during this period.
After all, you stay in that company and you know the situation best, and then balance your psychological state in combination with the actual situation, make your own decisions, and the days to come will be long, how can you ask others about everything, and make more decisions by yourself.
If it is intentionally in arrears.
1. The boss always postpones the payment of wages, and suggests that there is no need to continue to work, and directly according to the employer's arrears of wages, he proposes to terminate the contract and ask for the settlement of wages.
2. Article 38 of the Labor Contract Law The employee may terminate the labor contract under any of the following circumstances:
1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;
2) Failure to pay labor remuneration in full and in a timely manner;
3) Failure to pay social insurance premiums for workers in accordance with the law;
4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;
5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.
If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.
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That's up to you, this person can't help you, if you think you won't be able to find the same job if you leave, then you can choose to go, if you don't have confidence in yourself, you can continue to stay, and then get ready to find a job.
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Do you want to keep going? It's probably up to you to decide, first of all, do you like the job? There is also the reason why the boss delays the payment of wages?
If he delays his salary for understandable reasons, I think he can continue to do it.
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You ask yourself if you like this job, if you don't do it, can you find a better job than this, although the boss delays the salary, but does not deduct it, or does not give you a salary, no matter what, if you like it, you can do it, if you don't like it, you don't do it.
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Friends, most of today's enterprises and companies are deferred wages, and I personally suggest that if you are satisfied with the job and salary, as long as you do not deduct your salary, you will continue to do it, even if you change companies, it will not necessarily be better!
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You can choose to change jobs if your boss postpones paying, but be prepared that not all bosses will pay your salary on time, and it is possible that your new job will still be like this.
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If there are multiple delays in salary payment, it is recommended to resign if there is a problem with the business or the boss.
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If it's just a postponement of payroll. But there was no arrears. That's still not a big problem. Maybe it's just that his money chain has been a little strained lately. It's not that easy to find a job now.
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Give it up. Change jobs, after all, people move the living tree and move the dead, that's the truth.
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Do you want to keep going? In addition to looking at whether the salary is paid on time, it also depends on how much the salary is? Is the effort proportional to the return? Are you doing your job? Multifaceted considerations.
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Such a unit is unreliable, and it is best to find another way out.
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Not only is it embarrassing, but it may also break the ......
1. This situation in your employer is a violation of labor law.
violates your legitimate rights and interests.
2. Article 50 of 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. ”
3. Interim Provisions on Payment of Wages.
Article 7 stipulates that "wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or a rest day, it should be paid in advance on the nearest working day.
Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented. "According to the above-mentioned law, wages shall be paid on time and in full, without any unreasonable conditions.
4. Article 15 of the Interim Provisions on Payment of Wages stipulates that "an employer shall not deduct the wages of an employee. Under any of the following circumstances, the employer may withhold the employee's wages:
1) Individual income tax withheld and paid by the employer.
2) The social insurance withheld and paid by the employer shall be borne by the employee.
Fees;3) Maintenance and alimony required to be withheld in court judgments and rulings
4) Other expenses that can be deducted from the wages of workers according to laws and regulations. ”
5. The so-called "unjustified arrears" refers to the employer's failure to pay the wages of the employee beyond the prescribed salary payment time without justifiable reasons.
6. If your employer is in arrears of wages without reason, you shall pay economic compensation.
and additional compensation.
Labor Contract Law.
Article 85 stipulates: "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 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) Failure 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;”
Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts stipulates that: "If an employer deducts or defaults on the wages of an employee without reason, or refuses to pay the employee wages and remuneration for extended working hours, in addition to paying the wages and remuneration of the employee in full within the prescribed time, it shall also pay an additional economic compensation equivalent to 25% of the wages and remuneration." ”
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