Labor wage disputes, how to deal with labor wage disputes

Since the amount involved is not large, labor arbitration has no meaning, and it is recommended that you go to the labor management department to file a complaint for resolution.

It depends on the terms of the contract, distinguish whether you are an internship or a labor relationship, 800 yuan is no problem for internship, and if it is determined to be an employment relationship, the minimum salary for you is 1808

You can ask and look

In any case, your only option is to go to the labor bureau to complain, the amount is too small, and it is still a probationary period, which is not easy to do

It is recommended to apply for labor arbitration directly, and the key is to need evidence that you have an employment relationship with the employer.

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.

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).

Hope it helps.

Legal analysis: the parties can negotiate with the unit to deal with it; If the negotiation fails, it may apply to the mediation organization for mediation; If mediation fails, it may apply to the Labor Dispute Arbitration Commission for arbitration; If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

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

Article 10 In the event of a labor dispute, the parties may apply for mediation to the following mediation organizations:

1) Enterprise Labor Dispute Mediation Committee;

2) Basic-level people's mediation organizations established in accordance with law;

3) Organizations with labor dispute mediation functions established in townships, towns, and neighborhoods.

The enterprise labor dispute mediation committee is composed of employee representatives and enterprise representatives. Employee representatives shall be appointed by members of the trade union or elected by all employees, and enterprise representatives shall be designated by the person in charge of the enterprise. The director of the enterprise labor dispute mediation committee shall be a member of the trade union or a person nominated by both parties.

Article 28 The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents.

The statement of claim for arbitration shall contain the following particulars:

1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;

2) the claim for arbitration and the facts and reasons on which it is based;

or Dou III) Evidence and Evidence**, Names and Residences of Witnesses.

If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration committee shall record it in the record and inform the other party.

Article 48 Where a worker is dissatisfied with an arbitral award provided for in Article 47 of this Law, he may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award.

Legal analysis: You can choose to complain to the labor inspection department where the unit is located to see if the problem can be properly handled through the intervention of administrative means. It can also be handled through negotiation, and if it cannot be negotiated, it can apply for labor arbitration.

Legal basis: Article 10 of the Labor Contract Law of the People's Republic of China A written labor contract shall be concluded to establish a labor relationship. 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.

If an employer and an employee conclude a labor contract before the employment is falsely employed, the employment relationship shall be established from the date of employment.

Legal analysis: You can choose to complain to the labor inspection department where the unit is located to see if this problem can be properly handled through the intervention of administrative means. It can also be handled through negotiation, and if it cannot be negotiated, it can apply for labor arbitration.

Legal basis: Article 10 of the Labor Contract Law of the People's Republic of China A written labor contract shall be concluded to establish a labor relationship. 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.

If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

If the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to a mediation organization (mainly referring to the people's mediation committee or the labor dispute mediation committee) for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Legal analysis: Labor disputes can be negotiated and applied for mediation, and if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they can apply to the mediation organization for mediation, and if they are unwilling to mediate, they can file labor dispute arbitration and litigation to resolve it.

Legal basis: Article 5 of the Labor Dispute Mediation and Arbitration Law provides that in the event of a labor dispute, if the party concerned does not negotiate with each other or fails to negotiate or fails to perform after reaching a settlement agreement, he may apply to the mediation organization for mediation; Reluctance to mediate, etc.

Workers can file a complaint with the Labor Inspection Brigade of the local Human Resources and Social Security Bureau; Or apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau. If the employer fails to pay the full amount of labor remuneration on time, arranges overtime work and does not pay overtime pay, dissolves or terminates the labor contract, and fails to pay economic compensation, the labor administrative department may order the employer to pay the labor remuneration, overtime pay or economic compensation within a time limit.

In accordance with the provisions of the relevant laws, if the employer fails to pay the labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state, the labor administrative department shall order the employer to pay the labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable.

Then the labor arbitration enforcement process.

The application process is roughly as follows: 1. The applicant or his ** lawyer inquires and understands the relevant property clues of the respondent; 2. Prepare an application for compulsory enforcement and submit it to the enforcement court; 3. The court decides whether to file the case within 7 days; 4. After the case is filed, enter the enforcement procedure, inquire about the property in the name of the person subject to enforcement, and take different enforcement measures. It may be to freeze the respondent's bank account, auction the house in the respondent's name, etc., and the case will be closed after the enforcement of the effective legal documents is completed.

According to the provisions of relevant laws, if the person subject to enforcement fails to perform the obligations determined in the legal documents in accordance with the enforcement notice, the people's court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, **, and **shares. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances. The people's courts' inquiries, seizures, freezing, allocation, or conversion of property must not exceed the scope of the obligations that the person subject to enforcement shall perform.

When a people's court decides to seize, freeze, transfer, or sell property, it shall make a ruling and issue a notice of assistance in enforcement, which must be handled by the relevant units. Hope it helps. Article 85, Paragraph 1, Item 1 of the Labor Contract Law.

In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable.

1) Failure to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state.