There is no evidence in hand, the boss should not give money, is it useful to go to the labor bureau

If you don't have any evidence in hand, you can still file a complaint with the labor department, because the state stipulates that in addition to the employee who needs to provide evidence to determine the labor relationship, the employer also needs to provide evidence. As long as there is evidence to prove the existence of an employment relationship with the boss: such as labor contract, uniform badge, company seal and self-signed documents, ** recording and social security payment records, and witness testimony of workers can be used as evidence.

Wages can be claimed after the employment relationship has been proven.

Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations, Ministry of Labor and Social Security, No. 12, 2005

1. The employment relationship shall be established if the employer recruits a worker without entering into a written labor contract, but at the same time meets the following circumstances:

1) The employer and the worker meet the entity qualifications prescribed by laws and regulations;

2) The labor rules and regulations formulated by the employer in accordance with the law shall apply to the workers, and the workers shall be subject to the labor management of the employer and engage in paid labor arranged by the employer;

3) The labor provided by the worker is an integral part of the employer's business.

2. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;

4) Attendance records;

5) Testimony of other workers, etc.

Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

You can go to the labor inspection brigade to report, but if there is no evidence, labor arbitration will be more troublesome.

Legal Analysis: Generally useful, it is possible to go to court if it is not possible. If an employer deducts or defaults on the employee's wages and remuneration without reason, the labor and social security administrative department shall order the employee to pay the employee's wages and remuneration within a specified period of time, the difference between the employee's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable.

Legal basis: Regulations on the Supervision of Labor and Social Security Article 26 Where an employer commits any of the following acts, the administrative department for labor and social security shall order the employer to pay the employee's wages and remuneration within a specified period of time, the difference between the worker's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable.

1) Deducting or defaulting on the wages and remuneration of workers without reason;

2) The wages paid to the workers are lower than the local minimum wage;

3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.

Legal Analysis: Useful. A written report should be made to the local Labor Security Supervision Brigade of the Labor Bureau, and the Labor and Social Security Supervision Brigade should be requested to handle the case in accordance with the law. If the termination of the labor system is based on arrears of wages, you can also claim the payment of economic compensation.

Legal basis: Article 18 of the Interim Provisions on Payment of Wages Article 18 The labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:

1) Withholding or delaying the wages of the worker without reason;

2) Refusal to pay wages to workers for extended work;

3) Paying wages to workers at a rate lower than the local minimum wage. The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

Summary. If the boss does not pay the money, he can report to the labor bureau or apply to the arbitration commission for arbitration. If it is a job for an individual, it is not considered an employment relationship, and you can directly go to the court to sue the individual boss and demand payment of labor remuneration.

If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

The boss doesn't pay for the work. You can find the Labor Bureau.

If the boss does not pay for the work, he can report to the labor bureau or go to the arbitration commission to apply for arbitration. If it is a job for an individual, the malpractice is not considered an employment relationship, and you can directly go to the Faji clan to sue the individual boss and demand payment of labor remuneration. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

You can apply for arbitration at the local labor bureau (Labor Dispute Arbitration Commission of the Human Resources and Social Security Bureau) and demand payment of wages. If the labor contract is not signed, the group can demand double the salary of the unsigned labor contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

Labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the lawful rights and interests of a worker, the labor administrative department shall order the employer to pay the employee's wages and economic compensation, and may also order the employer to pay compensation. If it is a job for an individual, it is not considered an employment relationship, and you can directly go to the court to sue the individual boss and demand payment of labor remuneration.

Dear, the teacher suggested that even if you work for the boss, it is best to sign a written contract, so that there is a basis for resolving disputes. If the boss does not give money, the employee must defend his rights through legal means and must not act arbitrarily. First go to the labor bureau to complain and report, and ask the labor bureau to come forward to solve the problem.

If it really doesn't work, finding a lawyer to sue the court is also a solution. At present, the labor department attaches more importance to the situation of wage arrears than Hongfang Hu Zhu.

Dear, can you give a thumbs up if it's convenient? Your praise is the motivation for me to keep moving forward, and I wish you good health and a happy life

You can go to the Labor Bureau (most places are now renamed the Human Resources and Social Security Bureau).

Article 91 of the Labor Law stipulates that: "If an employer infringes upon the legitimate rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the employee's wages and remuneration and economic compensation, and may also order the payment of compensation

1. Deducting or defaulting on the wages of workers without reason.

2. Refusal to pay wages and remuneration for extended working hours.

3. The wages of workers are paid lower than the local 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.

Extended Materials. The Labor Bureau comprehensively manages the coordination of labor relations of various enterprises within its jurisdiction, and is responsible for the verification of labor contracts, labor dispute handling, and labor dispute arbitration of enterprises within its jurisdiction;

Exercise the power of labor administrative supervision and inspection in accordance with the law, supervise and inspect the implementation of labor laws and regulations of enterprises within the jurisdiction, organize the investigation and punishment of labor violation cases, and deal with mass emergencies in labor relations; Responsible for labor petitions; Responsible for the popularization of labor law.

Comprehensive Management Labor and Employment Service Center; Undertake other matters assigned by the Labor Bureau.

According to your description, it is best to keep the relevant evidence or proof in this case, and then complain or report.

Problems can be reported to the Labour Inspection Brigade.

Legal analysis: If the arrears of wages are reported to the labor bureau, the labor bureau will generally accept the complaint within 5 working days from the date of receipt of the complaint, and file the case for investigation and punishment on the date of acceptance. If the mediation is unsuccessful or after the mediation agreement is reached, if one party fails to perform the mediation agreement within the time limit agreed in the agreement, the other party may apply for arbitration in accordance with law.

If the parties request arbitration, the labor dispute arbitration commission shall decide whether to accept the arbitration application within five days from the date of receipt of the arbitration application. If the labor dispute arbitration commission does not accept the case or fails to make a decision within the time limit, the applicant may make a decision on the labor.

Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 14: Where an agreement is reached through mediation, a mediation agreement shall be drafted. The mediation agreement shall be signed or sealed by both parties, and shall take effect after being signed by the mediator and stamped with the seal of the mediation organization, and shall be binding on both parties and shall be performed by the parties. If no mediation agreement is reached within 15 days from the date of receipt of the mediation application by the labor dispute mediation organization, the parties may apply for arbitration in accordance with law.

Article 15 After reaching a mediation agreement, if one party fails to perform the mediation agreement within the time limit agreed in the agreement, the other party may apply for arbitration in accordance with law. Article 29 Within five days from the date of receipt of the arbitration application, if the labor dispute arbitration commission finds that it meets the conditions for acceptance, it shall accept it and notify the applicant; Where it is found that the requirements for acceptance are not met, the applicant shall be notified in writing not to accept the application and the reasons shall be explained. If the labor dispute arbitration commission does not accept the case or fails to make a decision within the time limit, the applicant may file a lawsuit with the people's court on the labor dispute matter.

Legal Distribution: You can report to the local labor and social security administrative department or report to the labor inspection brigade, and the labor department supervises the payment of labor employment and wages. Liang sliding grip to protect the legitimate rights and interests of employees.

Legal basis: Article 50 of the Labor Law of the People's Republic of China Article 50 Wages shall be paid to the worker himself in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

It is useful for the boss to go to the labor bureau without paying the salary.

1. Is it okay if the company owes money and doesn't take the company's things?

No. According to the relevant laws of China, if the company fails to repay its debts, the creditor cannot take the company's things by himself, and if he wants to control the company's property, he can apply to the court for property preservation. Article 101 of the Civil Procedure Law of the People's Republic of China: Where an interested party does not immediately apply for preservation due to an urgent situation, it will cause damage to its lawful rights and interests that will be difficult to remedy, it may apply to the people's court for preservation measures at the place where the property subject to preservation is located, the place where the respondent is domiciled, or the people's court with jurisdiction over the case before initiating a lawsuit or applying for arbitration.

The applicant shall provide a guarantee, and if the ambush bureau does not provide a guarantee, it shall rule to reject the application. After the people's court accepts the application, it must make a ruling within 48 hours; Where a ruling is made to employ preservation measures, enforcement shall begin immediately. Where the applicant does not initiate litigation or apply for arbitration in accordance with law within 30 days after the people's court adopts the preservation measures, the people's court shall lift the preservation.

Second, what should I do if the construction site boss does not give money?

1. The easiest way is to file a complaint with the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the "Labor Security Supervision Regulations" and order it to pay the arrears of wages.

2. In accordance with the provisions of Article 30 of the Labor Contract Law of the People's Republic of China, you can apply to the court for a payment order. Article 30 of the Labor Contract Law of the People's Republic of China stipulates that an employer shall, in accordance with the provisions of the labor contract and state regulations, 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.