Can I get paid and can t?

Hello, to the problem you described, the lawyer replied as follows:

First of all, you need to confirm the facts of the employment relationship with the employer, such as pay stubs, attendance records, and documents in the course of work.

Secondly, after the employment relationship is confirmed, the employer may be required to pay back wages for the illegal act of arrears of labor remuneration.

Third, if the negotiation fails, bring the relevant materials to the people's court where the unit is located to file a civil lawsuit. Blessing!

You can terminate the employment relationship early and ask for the payment of wages.

It depends on the date written on the contract. Also, even if he promises you to go home early and give you a salary, he won't necessarily give it. I hope you can see whether the boss's character is very good.

In addition, you can ask other employees who work for him how this salary question has been calculated in previous years. The boss signs a contract with a student, generally to ensure that the student works hard, but it is not excluded that the black-hearted boss uses the contract to withhold the student's salary. Look at the validity of the contract, there are generally chapters where the changes are made, and in addition, whether there is an item on the contract that the work is not qualified and the wages are deducted.

Whether you can get it in the end depends mostly on the character of the boss manager. Most contracts like this are informal and have weak legal effect.

Don't want a salary, or negotiate with your boss to make a little less? Litigation is a long road, and there are contracts.

If the employer defaults on the employee's wages, it should first communicate and negotiate with the employer and ask the employer to pay the wages. But sometimes, you say that you still can't get paid, so there is a scene reported in the news, the bridge hangs a banner, which says that the black-hearted boss will return my hard-earned money, and then the employees of a certain company are ready to jump off the bridge on the bridge.

In fact, there is no need to do this, and if the negotiation fails, you can still take the legal route:

1. Calm down first, and then collect relevant evidence that you have worked in the company, labor contracts, work documents, work photos, work records, etc., the more the better, the more beneficial it is for you.

2. Take these evidence to the labor inspection brigade to complain, the advantage of the complaint is that it is fast and convenient, let the labor inspection brigade mediate, it is not mandatory, you can only go to the company to mediate, so that the company knows the seriousness of the arrears, if the mediation is successful, the salary can be recovered, if the mediation is unsuccessful, you can only proceed to the next step.

3. Apply for labor arbitration to the labor arbitration commission of the labor bureau, if you don't know how to operate, you can consult or entrust a lawyer to handle it.

If you can't get your salary, you can defend your rights through the following ways:1Appeal to the Labor Arbitration Commission; 2.Call the mayor on 12345 for help, and I'm sure I'll make the decision for you.

You should be paid a salary, and if you are not given a direct lawsuit.

One of the clauses in the agreement is to submit the resignation letter one month in advance, otherwise the salary of the current month will be deducted as liquidated damages.

This agreement is invalid, and the labor law stipulates that the employer can deduct the employee's salary for no reason.

Regarding resignation, the Labor Law stipulates that if an employee submits a resignation 30 days in advance, the employer must agree to the resignation. In the interpretation document, the employee is not required to leave the job 30 days in advance, as long as the employee's resignation will not cause losses to the employer. This is often a misconception of many people.

Guangdong lawyer Hu:

You can ask the employer to give you a salary, but the employment agreement is invalid for "resigning and submitting a resignation letter one month in advance, otherwise the monthly salary will be deducted as liquidated damages", and if the employer does not give you a salary, you will go to the labor inspection brigade to report and complain.

Appeal to the local labor inspection brigade and ask for a solution.

In accordance with the provisions of the Labor Law, wages are paid on a monthly basis. The salary of the previous month can be paid in the current month, but it is illegal to cross months; If the company is in arrears of wages, the employee can file a complaint with the labor inspection brigade, which will order the employer to pay wages within a time limit, and if the payment is not made within the time limit, additional compensation will be paid.

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 7 of the Interim Provisions on Payment of Wages stipulates that wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month.

Article 85 of the Labor Contract Law stipulates that in any of the following circumstances, the employer fails to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2) Paying wages to workers at a rate lower than the local minimum wage standard;

3) arranging overtime work without paying overtime pay;

4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

The labor administrative department shall order the payment of 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

Workers can file a complaint with the local labor inspection department or apply for labor arbitration.

1. If you work for an employer, there are two ways to ask for wages:

1. Workers can complain to the local labor 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 local labor bureau (labor dispute arbitration committee of the human resources and social security bureau) and demand the 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.

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

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.

Article 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels 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.

Call the Labor Bureau first** and ask··· If you go to the labor bureau, you need a lot of procedures... It's best to hit the TV station****·· Now the boss is most afraid of this...

File a complaint with your local labour inspectorate.

Communicate with the boss first, and don't quarrel with the boss. The boss doesn't talk about it, or deliberately avoids the topic, then go to the finance, and when you look for the finance, you have to be harder. Because no company can afford to owe its employees wages for a valid reason.

If you lose money, then don't start a company. Look at the tone of the finance, if you deliberately delay, say that you need money urgently, and let the finance pay the salary first. If the finance says to wait for the boss, then you tell the finance that you should listen to the laws of the country!

If it really doesn't work, go and apply for labor arbitration! Let the people in the relevant departments help you get back to the company!

Then go to the relevant departments to report the problem!!

If the employer is in arrears of wages, the employee may apply for labor arbitration at the labor dispute arbitration commission where the employer is located to demand payment of the arrears of wages, and the employee may apply for labor arbitration in accordance with Article 38 of the Labor Contract Law. The employer is required to pay compensation to the employee without prior notice to the employer for immediate termination of the employment contract.

In the case of arrears of wages by the employer, the employee shall first negotiate with the employer, and if the negotiation cannot be resolved, the employee can resolve the matter through the following legal means:

1) Complain and report to the local labor and social security inspection agency;

2) To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application should be submitted to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute;

3) Resolve through litigation. This is divided into three situations: first, for labor dispute cases, if any party is dissatisfied after labor arbitration, it can file a lawsuit with the court; Second, if the employer does not enforce the labor arbitration award after the arbitration award takes effect, the migrant worker may apply to the court for compulsory enforcement; Third, those who belong to the category of labor arrears can directly file a civil lawsuit with the court.

If you can't get your salary, you can go directly to the local labor department to report it, or you can call 12333 directly

A: Contact your local labor office.

I can't get my salary and find any department.

Any organization or individual has the right to report violations of labor security laws to the administrative department of human resources and social security; Workers have the right to lodge a complaint with the administrative department of human resources and social security against the employer's violation of labor security laws and infringement of their legitimate rights and interests.

The scope of the complaint includes:

1. The employer fails to formulate rules and regulations that directly affect the vital interests of the employee;

2. The employer has not established an employment management account;

3. The employer and the employee have not signed a labor contract, agreed on a probationary period and other necessary terms, failed to deliver the text of the labor contract, and failed to issue a certificate of dissolution or termination of the labor relationship;

4. The employer fails to implement the minimum wage standard, fails to pay the employee's wages, economic compensation and compensation;

5. The employer fails to comply with the relevant regulations on employment registration and filing, as well as the regulations on the employment of Taiwanese, Hong Kong and Macao personnel in the Mainland and the employment of foreigners in China;

6. The employer fails to comply with the special labor protection regulations for female employees and juvenile workers and the regulations on prohibiting the use of child labor;

7. The employer fails to comply with the regulations on working hours, rest and vacation;

8. Failure of labor dispatch units and employing units to comply with the relevant provisions of labor dispatch;

9. Failure of vocational intermediary institutions, vocational skills training institutions and vocational skills assessment and appraisal institutions to comply with the relevant provisions on employment introduction, vocational skills training and vocational skills assessment and appraisal;

10. Medical institutions, drug business units and other social insurance service institutions fail to comply with the relevant provisions of social insurance;

11. The internship and trainee unit fails to comply with the laws and regulations on labor security for student internships and trainees;

12. As well as other labor security supervision and inspection matters stipulated by laws, regulations and rules.

Collect relevant evidence and apply for arbitration at the Labor Arbitration Division of the Labor Bureau.

Take the labor contract and go to the judicial bureau.