There is no contract, and the boss has been withholding wages for many years! Up to tens of thousand

If you have not signed a labor contract, the employer shall pay you double your salary, make up social insurance, and pay economic compensation for the termination of the labor relationship (see Article 1 of the Labor Contract Law and Article 1 of the Regulations for the Implementation of the Labor Contract Law for details). The key point is evidence, which requires evidence that you have an employment relationship with the employer. As for the amount of time worked, the principle of "reversal of the burden of proof" can be used, and it will be issued by the employer at the time of arbitration or litigation, because everyone who works in a place should fill out an entry form.

This also proves your working hours, you also have to sign your salary, and the payroll form should also be issued by the employer, which proves your monthly income status.

Reversal of the burden of proof" is widespread in the field of labor law. Article 1 of the Law on Mediation and Arbitration of Labor Disputes, Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I), Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III), Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, and Article 2 of the Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations. Wage payment vouchers, social security records, recruitment registration forms, registration forms, attendance records, etc., can all require the employer to bear the burden of proof.

If you want to fully protect your legitimate rights and interests, it is recommended that you read the Labor Law, the Labor Contract Law, the Regulations for the Implementation of the Labor Contract Law and the Social Insurance Law, so that you can know what aspects the employer has violated your rights and interests, which will benefit you for the rest of your life.

For details of the time of payment of wages upon termination of labor relations, please refer to Article 9 of the Interim Provisions on Payment of Wages, and for details of Article 50 of the Labor Contract Law, the time of payment of severance is detailed. If the payment is not made on time, including arrears and deduction of wages, the employer may be required to implement Article 1 of the Measures for Economic Compensation for Violation and Termination of Labor Contract and Article 85 of the Labor Contract Law.

Legal Analysis: First of all, it is illegal not to sign a labor contract, and you can ask the employer to pay double wages for up to 11 months. Secondly, wages should be paid in accordance with the contract, including basic salary, bonuses, allowances, commissions and other expenses.

It is illegal to default or withhold wages, and you can demand full payment by Bihuimo.

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

Article 47 An employer shall, in accordance with the characteristics of its production and operation and its economic benefits, independently determine the wage distribution method and the wage level of its own unit in accordance with the law.

Article 48 The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record.

The wages paid by the employer to the employee shall not be lower than the local minimum wage.

1) The minimum living expenses of the worker himself and the average dependent population;

2) the average level of social wages;

3) labor productivity;

4) employment status;

5) Differences in the level of economic development between regions.

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.

Regulations on the Supervision of Labor and Social Security

Article 26.

If an employer commits any of the following acts, the labor and social security administrative department shall order the employee to pay the employee's salary per mu 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

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

2) Paying workers wages lower than the local minimum wage;

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

Regulations on the Supervision of Labor and Social Security

Article 26.

If an employer commits any of the following acts, the labor and social security administrative department shall order the employer 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 employee fails to make the payment 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.

If the employer does not sign the contract, the employee can apply for labor arbitration and demand that the employer pay the arrears of wages and double the wages of the unsigned labor contract (starting from the second month of employment and up to 11 months).

1. In labor disputes, it is crucial to have evidence to prove that the labor relationship is extremely prosperous, such as work permit or work card (the most ruined socks are better to be stamped with the official seal), salary card transaction records, salary slips, tooling with the name of the company, individual income tax payment certificate printed and stamped by the local taxation bureau, temporary residence permit handled by the employer for you, attendance records, social insurance payment records, work orders, colleague testimonies (resigned and in-service can be used), audio and video recordings or other written judgment materials with your name and official seal or the boss's signature, etc.; Of course, it is possible to apply for labor arbitration without evidence, but there is a risk of losing the lawsuit; The statute of limitations for labor arbitration is one year from the date of resignation.

2. When applying for labor arbitration, you need to bring the arbitration application, a copy of your ID card, relevant evidence, and a copy of the employer's business registration information or business license (registration information is not required in Beijing)! After the case is filed, **, and then mediated, and the arbitration committee issued an award if the mediation fails.

Legal basis: According to Article 38 of the Labor Contract Law, if the employer fails to pay the labor remuneration in full and in a timely manner, the employee may terminate the labor contract immediately, and in this case, the employer shall pay the employee economic compensation in accordance with the statutory standards. In order to obtain such rights protection, workers can seek remedies from labor dispute arbitration commissions and people's courts.

In fact, it is illegal, but if you still want to continue to work, you can only endure it, and if you don't do it, you will be subject to labor arbitration or litigation, and you can get compensation other than wages.

Article 50 of the Labor Law 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 91 Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order it to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages and remuneration for extended working hours;

3) Paying wages to workers lower than the local minimum wage standard;

4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.