What should I do if the factory does not pay wages for four months, does not approve resignation, an

Ask a colleague to prove it, as well as a leave slip and other documents.

It's too good to say, direct arbitration, double or triple salary!

If a company violates labor laws, it can file a complaint or arbitrate in the following ways:

First collect relevant evidence that you have worked in the company, labor contracts (can be without), work records, salary slips, salary transfer records (WeChat, Alipay, banks, text messages), audio and video recordings about arrears of wages and claims for wages, punch-in records of working at work, work permits, entry and exit permits, work clothes issued by the unit, introducers, certifiers, etc. The more evidence, the better, and the better it will be for you.

Then you can go to the labor inspection brigade of the Human Resources and Social Security Bureau to complain and report (advantages: simple and fast. Cons:

The enforcement may not be strong, at most the wages can be recovered), and labor arbitration can also be taken (advantages: in addition to the recovery of wages, you can also claim economic compensation, double wages, triple wages, etc.; Disadvantages: It is a labor lawsuit, with many procedures, a long time, and the need for professional guidance), it is recommended to labor arbitration, so as to strive for the greatest rights and interests.

The main legal rights and interests that we can fight for through arbitration are:

1.To get your wages back. Basis: Wages should be paid on a monthly basis and must not be in arrears.

2.If you don't sign a contract, you will be paid double your salary. Basis: If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay twice the monthly wage.

3.Double or triple salary. Basis: In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours according to the following standards:

2) If the worker is assigned to work on a rest day and cannot arrange a compensatory break, he shall be paid a wage remuneration of not less than 200% of the wage (the worker shall have at least one day off per week);

3) If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

4.Fight for compensation. Basis: If the employee is not dismissed in accordance with the regulations, the corresponding economic compensation shall be paid.

and a number of other rights ......

I was able to recover the wages I was owed through labor arbitration, and I also won compensation for more than twice my wages (twice the wages paid to me in the factory without a contract, three times the wages for unused holidays, etc.).

In addition, this kind of black-hearted boss should give him some color after winning these rights and interests, report him to the tax bureau, report his substandard products or illegal production to the market supervision and administration bureau, report his pollution problems to the environmental protection bureau, report his fire problems to the fire department, report to the labor inspection brigade of the human resources and social security bureau that he does not sign a written labor contract with the laborer, and does not pay three times the salary on holidays

Hello, there are two choices, one is to continue to do it, and the other is to file a complaint with the labor department or labor arbitration. If you choose the latter, you can express your firm position to the boss, and then you can leave the job immediately and ask the boss to settle the salary (the law stipulates that if the employer does not sign a labor contract with the employee, the employee can terminate the labor relationship at any time without the approval of the employer).

If your boss does not pay you, you can file a complaint with the labour department. Your complaint is:

1.Failure to sign an employment contract and request for double wages;

2.If the salary has not been paid after resignation, the employee shall request immediate payment and additional severance payment;

3.Severance payments.

Legal basis: Articles 38, 46 and 82 of the Labor Contract Law.

1. According to the provisions of the Labor Law, if the employer does not pay wages, it can go to the local labor inspection department to complain and request to file a case for handling; 2. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of a labor 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 issued by the employer to the worker that can prove the identity; (3) Recruitment records such as the "registration form" and "registration form" of the employer's recruitment filled in by the worker; (Four basic hunger) attendance records; (5) Testimony of other workers, etc.

Article 82 of the Labor Contract Law of the People's Republic of China stipulates that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded. Article 91 of the Labor Law of the People's Republic of China stipulates that if 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) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law. Article 6 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China provides that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary in accordance with Article 82 of the Labor Contract Law, and make up a written labor contract with the employee; If the employee does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law. The starting date for the employer to pay twice the monthly wages to the employee as stipulated in the preceding paragraph shall be the day after the expiration of one month from the date of employment, and the deadline shall be the day before the written labor contract is supplemented.

If the employer does not sign a labor contract with the employee, and the employee is in arrears of wages, it is an illegal act, and you can report it to the labor inspection brigade and ask the employer to pay double the salary. When using the law** to protect rights, you need to prepare relevant evidence, such as the company's pay slips, punch-in records, tooling, etc.

It is illegal not to sign an employment contract, and the employer can be required to pay double wages for up to 11 months. In terms of evidence, it is sufficient to prove the employment relationship, such as pay slips, punch-in records, tooling, work information, colleague testimony, etc. Wages shall be paid in accordance with the contract, including basic salary, bonuses, allowances, commissions and other expenses.

It is illegal to delay or withhold wages, and full payment may be required. More than 15 days after the salary payment date agreed in the contract is considered arrears.

The company's arrears of wages can be resolved in the following ways: First, first go to the company's leaders to negotiate and ask for the arrears of wages. If the company continues to default, ask the reason for the default, and if it is because the company is temporarily unable to turn around, ask the company to issue an IOU.

Secondly, if the negotiation with the company is fruitless, then go to the local labor inspection department to file a complaint and let the labor inspection brigade deal with it, and the general problem can be solved here. Finally, if the labor inspection team fails to deal with it, then it is necessary to collect relevant evidence and go to the local labor arbitration commission for labor arbitration.

1. How to report not signing a labor contract?

If the company does not sign a labor contract, it can report and complain to the labor inspection brigade. Labor disputes can only be arbitrated first, and lawsuits can be filed if they are not satisfied with the arbitration results. Direct prosecution is not accepted by the court.

The outcome of the arbitration has no impact on the litigation. If there is no labor contract, it is necessary to provide evidence that can prove the existence of an employment relationship with the employer, such as salary card, attendance card, etc. Those who do not have a labor contract and have worked in the company for no more than one year can claim double salary compensation from the second month of employment.

Contracts longer than one year are considered to be indefinite.

An indefinite-term employment contract refers to an employment contract in which the employer and the employee agree on an indefinite termination time. If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.

If the company does not sign a labor contract for the employee after joining the company, and there is still a wage arrears, the employee can report to the labor inspection team, or apply for labor arbitration at the labor arbitration institution, or solve the problem by filing a lawsuit in the court. Failure to sign an employment contract in accordance with the regulations is not conducive to the development of the company, because the company needs to pay employees twice the salary every month.

1. What should I do if I have not signed a labor contract and are in arrears of wages?

1. If the contract is not signed, the wages are not paid in time, and the unit violates the law, the party concerned can claim compensation, and if the compensation is not paid, he can go to the labor administrative department to appeal.

2. 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 employee issued by the employer;

3) Recruitment records such as the "registration form" and "registration form" filled in by the employee;

4) Attendance records;

5) Testimony of other workers, etc.

Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

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

Article 11. [Resolution of unclear labor remuneration when no written labor contract is concluded] If the employer fails to conclude a written labor contract at the same time as employing the employee, and the labor remuneration agreed with the employee is not clear, the labor remuneration of the newly recruited worker shall be implemented in accordance with the standards stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented.

2. What to do if you maliciously default on wages

1. Workers can file complaints with the local human resources and social security bureau for labor inspection.

2. You can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request payment of wages.

3. If there is an IOU, you can directly sue the court to demand the payment of the salary amount in the IOU.

I hope the above content can be helpful to you, if you have any other questions, you can click the button below to consult a professional lawyer.

1. The easiest way is to file a complaint with the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the "Labor Security Supervision Regulations" and order it to pay the arrears of wages.

2. In accordance with the provisions of Article 30 of the Labor Contract Law, if the employer is in arrears or fails to pay the 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.

3. The most effective is to apply for labor arbitration directly to the local labor administrative department, and claim compensation from the unit through the award issued by the labor arbitration, and if the compensation is not paid, you can apply to the court for enforcement.

4. If the labor arbitration is not accepted or the arbitration is unfair, a civil lawsuit can be filed with the court within 15 days, and the judgment of the liquid nucleus will be directly executed through the court.

5. While claiming wages in the above ways, you can also request the employer to pay you additional compensation according to the standard of 50% to 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law.

Article 30 of the Labor Contract [Labor Remuneration] The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration in full to the employee and the employee.

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.

Article 85 of the Labor Contract Law [Legal Liability for Failure to Pay Labor Remuneration and Economic Compensation in Accordance with Law] In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation labor remuneration within a time limit if the labor remuneration is lower than the local minimum wage standard, and if the employer fails to pay the difference within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 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.

2) Paying wages to workers below the local minimum wage standard.

3) Arrange 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.

Resignation is the legal right of the employee, and if the employee wants to resign, he or she needs to go through the resignation procedures with the employer. The worker works for the employer, and the employer needs to pay the labor remuneration to the worker. Some people may not have signed an employment contract when they work at the employer, so what if they leave work and do not pay their salary?

Here's a closer look.

1. What should I do if the small factory has not signed a contract but my salary has not been paid?

1. Negotiate and settle.

2. Report to the labor administrative department (usually the labor inspection brigade of the district where the unit is located).

If the company fails to pay the employee's wages on time, the employee may terminate the labor contract at any time and immediately require the company to pay the employee's arrears of wages and 25% of the arrears of wages for economic failure.

3. You can also apply for arbitration directly.

First of all, you need to confirm the facts of the employment relationship with the employer. Second, after the labor relationship is confirmed, the employer can be required to pay back social insurance and wages. Third, the employer shall notify the employee one month in advance when terminating the labor contract, otherwise it shall pay one month's severance as a payment in lieu of payment.

Fourth, if a written labor contract is not signed to pay double wages, a written labor contract shall be signed within one month from the date of employment. Fifth, if an employer illegally terminates a labor contract, it may claim economic compensation, which is twice the amount of economic compensation. It is recommended to collect relevant evidence in a timely manner, apply to the local labor arbitration department for labor arbitration in accordance with the law, and require the company to fulfill the above obligations.

If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter. Posture tremors.

Second, the company does not pay wages to complain?

1. Complain to the labor bureau where the employer is located.

2. Complain to the labor arbitration commission where the employer is located.

3. Workers need to pay attention to the following in protecting their rights in arrears of wages

1. Confirm the facts of the labor relationship with the unit, such as payroll, attendance records, and documents in the process of work.

2. After confirming the labor relationship, you can negotiate with the boss and ask the employer to pay back wages for the illegal behavior of the unit in arrears of wages.

3. If the negotiation fails, bring the relevant materials to the labor bureau to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration.

4. If the amount of arrears of wages is relatively large, you can directly ask a lawyer to file a lawsuit and recover the arrears of wages through litigation.

If there is anything you don't understand, please feel free to consult one of our lawyers.