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It is completely possible to report to the police or go to the labor department to file a lawsuit. Although you have not signed an employment contract, you have formed a de facto employment relationship with your boss, and your private boss must admit it. The boss does not pay you, which is illegal and should be punished by law.
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The labor dispute police have no authority to deal with it, and in the event of a labor dispute, the worker may file a complaint with the local labor inspection brigade or apply for labor arbitration to protect his or her legitimate rights and interests.
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I worked for a private boss without a contract. The boss doesn't pay you and you can arrive. The local human resources and social security bureau consulted and applied for labor arbitration. And then. Go to court and sue to get your wages back.
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You can call the police. You can also go to the Labour Inspection Brigade to file a complaint.
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This is a typical act of deception and can be called to the police.
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You can call the police, find a labor inspector, and just sue him for not signing a contract and not paying social security.
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The boss didn't pay the salary, and the people were gone, not only the salary problem, but also the police could be directly reported to the police, which was a fraud, and at the same time, the company could be sued for the job.
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Call the police first, and at the same time go to the labor bureau to find a labor inspector to follow up.
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We went to the labor bureau to sue him, and then we used the law to solve the problem.
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In this case, as long as there is evidence, you can be angry if you work with him, because such a boss has no conscience, such a boss is long, because there is such a boss, she can do nothing.
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First of all, you have not signed a contract with the boss, so you have to keep a record of your work in this company, that is to say, you can prove that you have worked with him, if you don't have this evidence, you want to sue him or want him to compensate you, this loss is more difficult, after all, you don't have a labor contract, so you have to collect evidence now, and then go to the labor bureau to defend your rights.
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If you work for a private employer, although you have not signed a contract, you can have a salary slip or a colleague's certificate, and if there is one, you can go to the local labor department to apply for arbitration.
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Employees who do not pay wages in private enterprises can report to the police, but in most cases, the effect of reporting to the police is not very large. The easiest way is to file a complaint with the local labor law enforcement inspection brigade, which will supervise and inspect the employer in accordance with the law and order it to pay the arrears of wages.
Legal analysis
According to the law, if the two parties have not signed a written labor contract, the employer shall pay severance to the employee in accordance with the law when terminating or dissolving the labor relationship, and if the severance is not paid in accordance with the law, additional severance shall be paid. Since there is no labor contract, attention should be paid to collecting relevant evidence, such as work clothes, work permits, testimony of other employees, etc., to prove the existence of a de facto labor relationship, and if the evidence is sufficient, the employee's claim can be supported by the arbitration commission. Basic Process of Labor Arbitration:
If one of the parties submits an arbitration claim within one year after the dispute arises, and the arbitration commission makes a decision on whether to accept the claim within five days from the date of receipt of the claim, the arbitral tribunal shall notify both parties in writing five days before the occurrence of the dispute, and shall make a clear request, reply to investigate the facts, present evidence and cross-examine evidence, debate, make statements and mediate, and the mediation may be adjudicated if the mediation fails. Even if there is no labor contract, the worker is compensated for double wages.
Legal basis
Labor Contract Law of the People's Republic of China
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 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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If you don't pay wages, you can go to the labor bureau to apply for labor arbitration, and if you don't sign a contract, you can also claim double salary.
However, you cannot call the police, which is not under the jurisdiction of the police. This is under the jurisdiction of the Labor Bureau and the courts, and the Public Security Bureau is in charge of criminal offenses and public order violations. You're a labor dispute.
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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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It is useless to call the police, the police do not care about economic disputes, you should go to the local labor inspection brigade to complain, bring your ID card when you go, you do not have a labor contract, you must provide proof materials that can prove that you work there, such as the time card record when you go to work or the bank's salary flow record, etc., and ask the labor inspection brigade to file a case for investigation.
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They can report to the local labor and social security administrative department or to the labor inspection brigade, and the labor department will supervise the employment of labor and the payment of wages. Safeguard the legitimate rights and interests of employees.
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Words like this one. The role of the alarm is not very large. You only collect relevant information.
That is, you give him relevant proof that you are doing things with your boss. File a complaint with the Labor Bureau. You can apply for labor arbitration.
You can also file a lawsuit in your local court.
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If there is no noise in the case of unpaid wages, there is no need to call the police. This is a civil dispute, and you can report a complaint to the local individual enterprise business administration association or the social security bureau and ask for help to resolve it.
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You can file a complaint with your local labor arbitration department, which may be more convenient to deal with, labor disputes are within the scope of labor arbitration, not within the scope of specific processing, according to your description, you need to confirm the length of time you have worked for the other party, and the testimony of other employees is useful.
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Even if you have not signed a contract, it has already constituted a de facto employment relationship, of course, you have to provide relevant materials or proof to the labor department to file a complaint.
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I worked for a private boss without a contract. The boss doesn't pay the salary? First of all. The local human resources and social security bureau applied for labor arbitration. Apply to the court for enforcement based on the arbitration result.
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It is not recommended to report to the police directly, and if the labor dispute should be done through the normal labor arbitration channel to the private boss without pay, the worker can file a complaint with the local labor bureau for labor inspection, or apply to the local labor bureau for arbitration, or apply to the court for a payment order or directly go to the court to file a labor lawsuit.
Legal basis] Article 5 of the Labor Dispute Mediation and Arbitration Law stipulates that in the event of a labor dispute, 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.
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. According to Article 79 of the Labor Law of the People's Republic of China [Mediation and Arbitration] After a labor dispute occurs, 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.
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If you don't sign a contract, you can go to the local labor inspection department to report it, and if you still don't fulfill your obligations, you can go to the court to sue the employer.
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Although you have not signed a contract, you have actually formed a de facto labor relationship, and you can still protect your legitimate rights and interests, but it is useless to call the police.
If there is a de facto labor relationship, you can solve the problem by not paying wages in the following ways.
1. Complain to the labor bureau where the employer is located.
2. Complain to the labor arbitration commission where the employer is located.
When making a complaint, you must identify the enterprise with which you have directly established labor relations, complain in accordance with legal procedures, and do not take illegal forms such as blocking roads and doors to protect your rights.
Question: Hello, I would like to ask, what should the boss do if he withholds his salary for some reason.
1. Clarify the basis for wage calculation and payment, so that the situation of wage deduction can be clearly displayed;
2. Inquire about the reason for the deduction of wages;
3. Be clear about the wage law: wages cannot be deducted or punished. Wages are generally divided into two parts, one part is a fixed salary, which is calculated and paid according to the number of days of attendance, and cannot be deducted, even if you do something wrong; The other part is the bonus part, which can be decided to give more or less according to the individual's work performance.
If the two parties have agreed on a fixed salary, even if they do something wrong, they cannot deduct their wages, and there is no legal basis for not deducting wages because of employees' disciplinary violations and early resignation.
2. Complaints and reports (methods) from labor and social security departments
1. Fight the labor security hot through 12333 complaints, this ** national unity, real-name complaints are required when complaining, and you must provide your ID number and name. You can make a complaint a few more times;
2. Complain to the labor inspection brigade of the local labor station and the human resources and social security bureau, these agencies are professional in handling labor disputes, and they will come to investigate and deal with the illegal behavior of deducting wages.
If the employer deducts wages without reason, you can solve the problem in the above ways.
My suggestion here is that if you have any questions about labor security, you can directly call 12333 to report the problem. This is the ** of the Labor Bureau.
The labor bureau also deals with the problem relatively quickly, and the chances of winning the general labor arbitration are also relatively large. Because he is committed to protecting the rights and interests of workers. If you have any questions, you can respond directly.
Ask a good question, thank you.
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It's okay to call the police.
To ask for a salary, you should save the call recording.
If you have a ** recording admitting that you owe you wages, you can do evidence, and you can sue the court to ask for back wages if you don't have a contract.
According to the provisions of the Labor Law, if the employee does not sign a contract, he must pay double wages.
In addition, employees must pay social security to employees, and those who do not pay social security can claim compensation.
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The first thing to do is to say that it is okay to call the police, you give four, you work for a private boss, and you don't have a top contract, the general black-hearted boss, they don't admit that they don't delay your wages, you call the police and want to file a lawsuit with him, you call the police and want to file a lawsuit with him, there must be sufficient evidence, how much do you love, can your colleagues give you a testimony in court, say that you have sufficient evidence to prove that this boss is indeed in arrears of wages, you can lead to the middle office department, you can lead to the middle office department and the boss department to appeal, in the country's law, the blow to such a boss is very high You think that if you work for a private boss, as long as you have sufficient evidence, you can also call the police.
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In fact, to be honest, if you don't sign a contract and the boss doesn't pay you, it's not much use for you to call the police, because you didn't choose to sign a contract, which means that there is no employment relationship between you.
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Summary. If the settlement is clear and the boss cannot be negotiated, you can go to the court to file a civil lawsuit.
What should I do if I work for a private boss and don't sign a contract, and the boss doesn't pay me? Can I call the police?
Hello, I am a cooperative lawyer of LegalPro platform, and I am happy to serve you.
Hello, is there a clear settlement?
If the settlement is clear and the boss cannot be negotiated, you can go to the court to file a civil lawsuit.
That's right, I used to work in a car beauty shop, worked for more than a month, and one day suddenly left, and said that I would be paid at the end of the month, and now I will only give 500 yuan and should give 1248 yuan, and I don't have any contract with my boss.
What to do in this situation.
What is the boss's reason?
Is it because you left your job suddenly?
I suddenly quit doing something and didn't have any contract, the reason was that the boss told me to remind you to pay you at the end of the month, and yesterday I talked to the boss and was kind, and in the evening I replied that you sent me a message early in the morning to ask for a salary, and I can't do business for a day.
Estimate what the boss said angrily, and whether you communicated with the boss again.
After communicating, he ignored me directly, saying that you can call the police or something like that.
There is no way to resolve this kind of civil dispute by calling the police.
If you have an invoice, you can file a lawsuit in court.
If you have a chat history, you said it before, so what should you do now.
Yes, you really don't give it, you go directly to the court to sue.
Now you still owe me 748 yuan, less than 1,000 yuan, and the police don't care about it, such a small amount of money.
The court will accept it.
The police really can't do anything about it.
It is recommended that you communicate again, and if it doesn't work, you will go to court to sue.
Not at all unprotected.
The private boss asked you to work and did the work, which means that there is already a de facto labor relationship between you, although there is no IOU, but since there is this level of labor relationship, then you can go to the labor department to complain. Now it is a society governed by the rule of law, and everything is subject to the law. >>>More
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