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Regardless of the reason for resignation, the payment of wages should be due to the day before the employee stops working, and wages should not be deducted during the holidays included before, for this kind of violation, the easiest way is to complain to the local labor law enforcement inspection brigade, 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. The most effective way is to apply for labor arbitration directly to the local labor administrative department (no fees, no lawyer).
If there is no employment contract, the employer shall pay double wages from the second month (up to a maximum of 11 months).
The key is to have evidence of an employment relationship with the employer. For example, tooling with the company's name, work card or work card (preferably stamped with the official seal), salary card, salary slip, attendance record, social insurance payment record, colleague testimony (resignation and employment are acceptable), audio and video recordings or other documents with your name and official seal, etc. (including the work card with the official seal, social insurance payment records, documents with your name and official seal, one is enough to prove the labor relationship).
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Bring the evidence of employment to the labor arbitration to sue him, and if there is no contract to pay double wages, let those bosses know that employees are not easy to bully.
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Yes, if you really don't want to do it, you can file a complaint with the Social Labor and Social Security Bureau.
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It may not work if you have a contract, and you don't have to count on it if you don't have a contract.
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It's hard to do such a thing, and we are so now, the salary has not been paid, let alone the commission.
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Workers can solve the problem by the following methods:
1. Report to the labor administrative department (usually the labor management and inspection team).
2. You can also apply for arbitration directly (the arbitration fee is 200-300 yuan, and if you win, all will be borne by the company).
3. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.
4. In accordance with the provisions of the state, at the time of arbitration or litigation, you may request the full payment of the laborer within the specified time".
5.According to Article 30 of the Labor Contract Law, if an employer is in arrears or fails to pay labor remuneration in full, the employee 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 basis. Article 30 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Labor Remuneration] The employer shall, in accordance with the provisions of the labor contract and national regulations, pay the employee the remuneration for labor modification 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.
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Legal Analysis: 1. Negotiation or mediation. Negotiate with the factory, or apply to the labor dispute mediation committee for mediation;
2. Arbitration. Seek the help of a labor dispute arbitration commission;
3. Prosecution. If the applicant is not satisfied with the arbitral award, he or she may file a lawsuit with the court within 15 days from the date of receipt of the arbitral award.
Legal basis: Labor Law of the People's Republic of China Article 77 In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law.
The principles of mediation are applicable to arbitration and litigation proceedings.
Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 2 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 or 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 compensation, medical expenses for work-related injuries, economic compensation, or compensation; (6) Other labor disputes as provided for by laws and regulations.
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Legal Analysis: Labor laws stipulate that employers must pay wages on time in accordance with the law. If the employer is in arrears of wages, the employee can protect his rights in the following ways:
1. Negotiate directly with the relevant supervisor to ask for wages, which is the most direct and fast way; 2. Report to the labor administrative department, and the labor department will order the employer to pay wages; 3. Initiate arbitration or litigation. Wages are to be recovered through arbitration by arbitration institutions or court judgments.
Legal basis: Article 50 of the Labor Law states that "wages shall be paid to the worker on a monthly basis in the form of money." shall not withhold or delay the wages of workers without reason".
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