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If an enterprise owes wages and the cashier withholds financial accounts illegally, it is a disruption to the normal production and operation of the enterprise, and the employee's receipt of the wages owed by the employer shall be carried out in accordance with the correct legal process.
If an employer owes an employee wages, the employee has three ways to request payment of wages:
1. Workers can file complaints with the local human resources and social security bureau for labor inspection;
Pros: Simple way.
Disadvantages: Enforcement may not be very strong in various places;
2. You can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request payment of wages. If you do not have an employment contract, you can demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.
Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved;
Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.
3. If there is an IOU, you can directly sue the court to demand the payment of the salary amount in the IOU.
Article 2 of the Law on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:
1) Disputes arising from the confirmation of labor relations;
2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;
3) Disputes arising from removal, dismissal, resignation, or resignation;
4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;
5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;
Article 50 of the Labor Law 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.
Interim Provisions on Payment of Wages".
Article 18 The labor administrative departments at all levels shall 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 defaulting on the wages of workers without reason;
2) Refusal to pay wages for extended working hours;
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.
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Illegal. The cashier must first perform the relevant approval procedures in accordance with the financial system of the unit. The cashier does not have the right to use the funds under his control without authorization.
If the cashier trespasses, he can sue you for misappropriation of funds. When the time comes, not only will you not have to pay back the wages you owe, but you will also have to bear criminal responsibility if you don't do it.
If you want to ask for a salary, it is recommended to go through reasonable and legal channels. If the friendly negotiation with the employer fails, you can apply for arbitration through the local labor arbitration commission.
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First of all, a late fee will be charged for tax arrears, and a late fee of 5/10,000 of the overdue tax will be charged on a daily basis from the date of tax arrears.
Secondly, the tax authorities may take compulsory measures:
1. Notify the bank or other financial institution in writing to withhold the tax from the deposit;
2. Seizure, sealing, auctioning or selling of commodities, goods or other property whose value is equivalent to the tax payable, and the proceeds from the auction or sale shall be used to offset the taxes.
Treating tax arrears negatively can also lead to penalties. If a taxpayer obstructs the tax authorities from recovering the outstanding tax by means of transferring or concealing property, the tax authorities shall recover the outstanding tax and late payment fines, and impose a fine of not less than 50 percent but not more than five times the percentage of the outstanding tax paid; where a crime is constituted, criminal responsibility is pursued in accordance with law.
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1. The company maliciously defaults on wages, which is illegal;
Second, we seized the company's equipment, which is also illegal;
3. You should immediately sue the court and apply for property preservation of the company's Honghao equipment when you go to the court, and this is only valid and legal in law with the court's formal seizure procedures. Otherwise, your rights protection will also be illegal.
Before you decide to sue, you really need to keep an eye on the company's equipment to prevent the other party from transferring property.
1. The definitions of the two are different.
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