If there is no labor contract, what should I do if the departing boss does not pay the salary?

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. Article 50 of China's Labor Law stipulates that:

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 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) Withholding or defaulting on the wages of workers 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.

Labor arbitration settles the matter! It is completely possible to win the case. Yes.

1. The unit seriously violates the law, and the Labor Contract Law stipulates that a labor contract should be signed within one month of establishing a labor relationship.

2. Because of the illegal behavior of the unit, you can resign at any time and ask the unit to pay you economic compensation, double salary, etc., and pay social security. Overtime pay is paid.

3. It is a labor dispute, you should file for labor arbitration as soon as possible, you do not need to bear any responsibility, and you can leave your job at any time. The employer does not have the right to garnish any wages.

4. Collect some evidence that can prove that you have an employment relationship with this unit, such as work cards, salary cards, attendance records, etc.

Legal basis. Article 10 A written labor contract shall be concluded for the establishment of labor relations.

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.

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.

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.

What should I do if the boss does not pay my salary after resigning without signing a labor contract?

Legal analysis: If the boss does not pay wages if he has not signed a labor contract, he or she can go to the security supervision brigade of the labor department to complain about Hongsheng, or he can directly apply for labor arbitration.

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.

Legal analysis: If the employer applies for labor arbitration and fails to conclude a written labor contract with the 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. If an employer violates the provisions of the Labor Contract Law of the People's Republic of China by not entering into 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 be concluded.

Legal basis: Interim Provisions on Payment of Wages Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum when the labor contract is dissolved or terminated.

If you do not have a labor contract and resign and your boss does not pay your salary, you can take the following ways: First, first go to the company's leaders to negotiate and ask for the arrears of wages. If the company continues to default, ask the reason for the default, if it is because the company is temporarily unable to turn around, then ask the company owner or finance to make an IOU.

Secondly, if the negotiation with the company fails, then go to the local labor inspection brigade to file a complaint, inform the person in charge of the company**, and let the labor inspection brigade deal with it. Finally, if the labor inspection team fails to deal with it, then it is necessary to collect relevant evidence and go to the local labor arbitration commission to negotiate labor arbitration.

Article 82 of the Labor 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, the employer shall pay the employee 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 be concluded.