The boss is arrested, and the employee s salary is not paid, what should I do?

Hello! Clause. 1. If the company does not pay social security, it can request to pay social security. Social security should be handled one month after employment, and if it is not handled, you can complain to the social security department.

Clause. 2. If it is illegal for the company to not sign a contract, the company may be required to pay double the salary for not signing a written labor contract.

Clause. 3. If the company terminates the labor contract illegally, it will also be liable for compensation, and the standard of compensation is twice the economic compensation. If the employee resigns, he or she may request the employer to pay severance compensation.

Clause. 4. If you have worked in the company for one year, the company will terminate the labor contract and pay unemployment insurance money.

Clause. 5. If the company has overtime work, it must pay overtime wages and additional compensation according to the statutory standards.

Clause. 6. If the company deducts wages, it shall also pay wages in full and pay additional compensation.

Clause. 7. If it involves work-related injuries, the unit shall apply first, and the unit shall not apply within 30 days, and shall apply by itself as soon as possible. In addition, please keep the evidence that can prove the employment relationship between you and the employer, such as work badge, uniform, pay slip or salary entry certificate, and the recording of the call with the person in charge.

Clause. 8. For the above disputes, if it is impossible to negotiate, you can go to the labor inspection department to complain, or you can file a labor arbitration, and if you are not satisfied with the arbitration result, you can entrust a lawyer to file a lawsuit with the people's court.

Your difficulty is not signing a contract. It is recommended that you chase after your boss and ask for your salary. The boss's original **You have, there is a contact when transferring**, and the receiver also knows the original boss**, where can he go?

As long as he continues to open and can afford it, you can get it. When he opened his new business, he brought a few friends to find it (provided that he couldn't fight or break the law), and the boss had to settle down in order not to affect the business.

Legal analysis: According to the provisions of Chinese law, the employer is obliged to pay the employee's labor remuneration after the employee provides services to the employer. Labor remuneration is generally paid in the form of wages, and the employer must pay the labor remuneration in full, and shall not delay or deduct the labor remuneration without reason.

Legal basis: Labor Law of the People's Republic of China

Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Article 77 In the event of a labor dispute between an employer and a person who has been mobilized from work, the parties concerned may apply for mediation, arbitration, or file a lawsuit in accordance with law, or may resolve it through negotiation.

Article 89 Where the labor rules and regulations formulated by the employer are contrary to the provisions of laws and regulations, the labor administrative department shall give a warning and order the worker to make corrections, and shall be liable for compensation.

Article 90 Where an employer violates the provisions of this Law by extending the working hours of its employees, the labor administrative department shall give a warning, order it to make corrections, and may impose a fine.

Legal Opinion] 1. If you are working for an employer, there are two ways to request payment of wages:

1. You can go to the local labor bureau to complain about the labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;

2. You can apply for arbitration at the local labor bureau and demand payment of wages. If you do not have an employment contract, you can also 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.

2. If you work for an individual, it is not considered a labor relationship, and you can directly go to the court to sue the individual boss and demand payment of labor remuneration.

Article 50 of the Labor Law stipulates that wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Article 18 of the Interim Provisions on Payment of Wages Article 18 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 defaulting on the wages of workers without reason;

2) Refusal to pay wages for extended working hours;

3) Paying wages to those with high labor records at a rate lower than the local minimum wage standard.

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

The boss is arrested, there is nothing left in the factory, will the labor bureau pay the employees?

If a worker and an employer establish an employment relationship and the worker fails to pay wages in accordance with the law, the worker may apply to the labor dispute arbitration commission at the place where the employer is located for labor arbitration, and if he is not satisfied with the arbitration award, he may file a lawsuit with the people's court. When an employer goes bankrupt in accordance with the law, the worker has the right to receive his wages. In bankruptcy liquidation, the employer shall first pay the wages owed to the employees in accordance with the order of repayment stipulated in the Enterprise Bankruptcy Law of the People's Republic of China.

Article 14 of the Interim Regulations on the Payment of Wages When an employer goes bankrupt in accordance with law, the worker shall have the right to receive his wages. In bankruptcy liquidation, the employer shall first pay the wages owed to the employees in accordance with the order of repayment stipulated in the Bankruptcy Law of the People's Republic of China. Article 15 An employer shall not deduct a worker's wages.

Under any of the following circumstances, the employer may withhold the wages of the employee: (1) the individual income tax withheld and paid by the employer; (2) All social insurance premiums withheld and paid by the employer that should be borne by the worker; (3) The maintenance or alimony required to be withheld in court judgments or rulings; (4) Other expenses that may be deducted from the wages of workers as stipulated by laws and regulations. Article 18 The administrative departments of labor banks 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 lawful 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) deducting or delaying the worker's wages without reason; 2) Refusal to pay wages for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard. The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.