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The most effective is to apply directly to the local labor administrative department for labor arbitration (no fees, no lawyers), and through the award issued by the labor arbitration, claim compensation from the unit, and if the compensation is not paid, you can apply to the court for enforcement.
If you do not sign a labor contract, the employer shall pay you double your salary from the second month, and the employer shall also pay you one month's economic compensation after terminating the labor relationship.
The key point is evidence, which requires evidence that you have an employment relationship with the employer. For example, tooling with the company's name, work card or work card (preferably stamped with the official seal), salary card, salary slip, attendance record, social insurance payment record, colleague testimony (resignation and employment are acceptable), audio and video recordings or other documents with your name and official seal, etc. (including the work card with the official seal, social insurance payment records, documents with your name and official seal, one is enough to prove the labor relationship).
See Article 10 of the Labor Contract Law: A written labor contract shall be concluded to establish an employment relationship.
If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.
If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.
Article 82 Where an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage. Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
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After all, it is unreasonable for the labor bureau to take care of it, and it would be unreasonable for the labor bureau to ignore it.
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In this case, report to the Labor Bureau, they will definitely take care of it, arrears of labor wages, China's labor law has clear provisions! In addition, he did not sign a formal labor employment contract with you, you can also sue him!
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It can be managed, this practice of the enterprise is not right, it is illegal, you can go to the labor bureau.
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Legal analysis: You can apply to the Labor Bureau for labor arbitration. The employee can apply for resignation, and the company cannot sue for unreasonable detention of the employee.
Moreover, it is illegal for the company to not sign a labor contract, and you can also apply for double wages, and if the company pays social security, you can also apply for supplementary payment. The Contract Law stipulates that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.
Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China An employee may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
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You can apply for labor arbitration from the Labor Department's Sales and Finger Movement Bureau. The employee can apply for resignation, and the company cannot unreasonably detain the employee. Moreover, it is illegal for the company to not sign a labor fight Zheng Dong contract, and you can also apply for double wages.
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What should I do if I don't pay wages after resigning without signing a labor contract1. First of all, we must prove the existence of labor relations and the amount of arrears of wages, including labor contracts, wage payment certificates, etc. 2. If no labor contract is signed, the work permit, the employer's recruitment registration form filled in by the employee, attendance records, testimonies and recordings of other workers can be used as evidence.
3. For the act of maliciously defaulting on wages, in addition to paying the wages and remuneration of the workers in full, an additional economic compensation equivalent to 25% of the wages and remuneration shall be paid. 4. After having sufficient evidence, you can negotiate with the boss to solve the problem, and if the negotiation fails, you can report to the labor inspection brigade or apply for labor arbitration. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.
Interim Provisions on Payment of Wages".
Article 7. 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, or hourly wages may be paid on a weekly, daily, or hourly basis. The specific date of the payment of wages shall be agreed between the enterprise and the employee. Once the date of payment of wages is determined, the wages of the workers shall be paid in strict accordance with the prescribed date, and if the wages are not paid within the time limit, they shall be treated as arrears of wages.
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Summary. 1. If the resignation application is submitted, it means that the employee expresses the intention to terminate the labor contract to the employer, rather than unilaterally terminating the labor contract, so the employer has the right to disagree with the resignation application.
2. If a notice of unilateral termination of the labor contract is issued to the unit 30 days in advance, even if the leader of the unit does not sign and approve, the applicant can leave the original unit after 30 days, and if the unit does not perform the relevant procedures in accordance with the law, he can file for labor dispute arbitration, or apply for labor security supervision to require the unit to perform its statutory obligations.
4. If your termination of the labor contract violates the provisions of the labor contract, you shall bear the corresponding liability for breach of contract.
If the employee does not approve the resignation and the salary is not paid, can he contact the labor bureau?
Hello. Hello.
What should I do if I can't go to work because I have something at home, the company doesn't give me permission to leave my job, and my salary is not paid.
Wait a minute, sorry.
How to deal with the resignation of the company and the non-payment of wages: 1The employee can apply to the local court for a payment order, asking the court to compel the company to pay within a time limit; 2.The worker may file a complaint with the labor administrative department and request the labor administrative department to order him to pay wages within a time limit.
Hope it helps.
The company does not approve the resignation, and the salary is not paid, what should I do.
1. If the employee voluntarily resigns, and the employee fails to go through the resignation procedures, the employer withholds the employee's wages, and the employee can go back to the original employer to go through the work handover and resignation procedures, and the employer shall pay the employee's legal remuneration, and if the employee causes losses to the employer due to the employee's self-departure, the employee shall be liable for compensation. 2. If there is a labor dispute between the worker and the employer, the worker may apply to the labor dispute arbitration commission where the employer is located.
1. If the resignation application is submitted, it means that the employee expresses the intention to terminate the labor contract to the employer, rather than unilaterally terminating the labor contract, so the employer has the right to disagree with the resignation application. 2. If a notice of unilateral termination of the labor contract is issued to the unit 30 days in advance, even if the leader of the unit does not sign and approve, the applicant can leave the original unit after 30 days, and if the unit does not perform the relevant procedures in accordance with the law, he can file for labor dispute arbitration, or apply for labor security supervision to require the unit to perform its statutory obligations. 3. Special reminder:
Employees should pay special attention to the fact that they have submitted their resignation letter to the employer 30 days in advance, such as sending the resignation letter by EMS. 4. If your termination of the labor contract violates the provisions of the labor contract, you shall bear the corresponding liability for breach of contract.
You may refer to the second point.
Hope it helps you a little.
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There must be evidence, such as an employment contract, a pay stub (a record of the salary card is also acceptable), a time sheet, and a witness statement. Then go to the labor inspectorate to complain.
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Can you enter the factory without a work card? Find a friend to see if he brings a work card, if he brings it, you can call 110, which means that your work card has been confiscated by the unit.
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