The resigned boss did not pay wages and said that there was no money in the factory, and it would be

Wages should be settled on the day of termination of the labor contract.

Article 9 of the Interim Provisions on Payment of Wages stipulates that when both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum at the time of dissolution or termination.

If you are in arrears of wages, you can call 12333** to complain if you do not pay wages or deduct wages, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade.

Since the company fails to pay labor remuneration on time, the party concerned may apply for termination of the labor contract and labor relationship, and demand economic compensation. The parties concerned may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages, and if the labor inspection brigade fails to coordinate with the employee, the worker may apply for labor arbitration. If the labor arbitration conclusion is refused, it may apply to the court for compulsory enforcement.

Article 85 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) Failing 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 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.

Generally, this situation must only wait, because you go to the relevant departments to sue him, and he really can't come up with the money, and the relevant departments can only go through the motions, offending the boss It will be more difficult for you to ask for money in the future, it is better to be a favor and then go to him at the end of the year, if you don't give it at the end of the year, it's not too late.

1. How to deal with the boss's non-payment of wages after resignation.

What to do if the boss does not pay the salary after resigning:

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 as economic compensation.

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, when the employer terminates the labor contract, it shall give the employee one month's notice, 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 terminates a labor contract in violation of the law, it may demand economic compensation, which is twice the amount of the 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.

2. Relevant legal provisions

Labor Law of the People's Republic of China

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.

Through the above introduction, I believe you must have a certain understanding of how to deal with the boss not paying wages after resignation, if your situation is more complex or special, the above does not fully answer your questions, if you still need legal help, welcome to legal consultation, there is a lawyer to provide you with a more professional answer.

Legal analysis: If the employee does not sign the labor contract of the labor contract itself, it is a violation of the labor contract law, and if the employee does not pay wages after leaving the company, the worker can apply for labor arbitration to protect his or her rights and interests.

Legal basis: Article 9 of the Interim Provisions on the Payment of Wages When both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the wages of the employee in a lump sum when the labor contract is dissolved or terminated.

[Legal Analysis].If a factory does not sign a labor contract, it is a violation of the Labor Contract Law, and if an employee does not pay wages after leaving the company, the employee may apply for labor arbitration to protect his or her rights and interests.

[Legal basis].Interim Provisions on Payment of Wages Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

Summary. Dear, sometimes after the employee resigns and completes the corresponding procedures, the employer will immediately settle his salary, but more often it is at the time when the unit pays the salary every month, and the salary and remuneration will be settled for those workers who have resigned. If the employer does not pay wages, the worker must take corresponding legal measures to protect his rights as soon as possible to avoid further damage to his own interests.

There is no goods in the factory to do and I want to resign, what should I do if the boss does not pay my salary.

Hello <>

We'll be happy to answer for you. There is no goods in the factory to do and want to resign, the boss does not pay the salary, and the worker can negotiate with the boss peacefully and friendly; If the negotiation fails and the boss refuses to pay the wages, the worker can file a complaint with the local labor administrative department. or by applying for mediation; Apply for a sale of pure high arbitration and other ways to claim wages.

Dear, sometimes after the employee resigns and completes the corresponding procedures, the employer will immediately settle his salary, but more often it is at the time when the unit pays the salary every month, and the salary and remuneration will be settled for those workers who have resigned. If the employee encounters a situation where the employer does not pay wages, the worker must take corresponding legal measures to protect his rights as soon as possible to avoid further damage to his own interests.

If the employer does not pay wages after the employee leaves the company, it may apply to the local labor inspection department for labor arbitration and claim that the employer pay the wages.

1. Resignation is a right granted to workers by law. Article 37 of the Labor Contract Law stipulates that an employee may terminate an employment contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

2. If the employee resigns, the employer shall pay the employee's salary in a lump sum on the day of resignation. Article 9 of the Interim Provisions on Payment of Wages stipulates that when both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum at the time of dissolution or termination.

quit his job and left, how can the boss do it if he doesn't pay his salary.

Hello, in a situation like yours, you should first contact the company to see what is the reason for not giving you a salary, negotiate with the company to solve it, if it really can't be solved, Qi Sui you can solve the complaint through labor. If the resigned boss does not pay the salary, he can negotiate a settlement or report it to the labor administrative department (usually the labor inspection brigade of the district where the unit is located). If the employer deducts or defaults on the wages of the employee without reason, in addition to paying the employee's wages and remuneration in full within the prescribed time, it shall also pay an additional economic compensation equivalent to 25% of the wages and remuneration.

Hello! Under normal circumstances, the company's arrears of wages are labor disputes, and employees should take labor dispute settlement methods to get their wages. However, the company's arrears of wages violate the contract, violate labor laws, and may even violate criminal laws in serious cases, so it may have to bear corresponding legal liability.

In practice, if the company defaults on wages, it may have to bear the following legal liabilities depending on the circumstances:

1. Accept administrative punishments.

1. Labor administrative department.

The labor department may order the employee to pay wages within a time limit, and if the payment is not made within the time limit, the company will be ordered to pay the employee additional compensation at the rate of 50% to 100% of the amount due.

2. Human resources and social security departments.

Specifically, we will receive the appropriate processing in the following cases:

1) After receiving the complaint and report, the department will order correction in a timely manner, and will make administrative treatment or administrative punishment for the company that refuses to make corrections.

2) For companies that have a large amount of arrears without reason, for a long period of time, or of a vile nature, follow relevant provisions to announce them to the public through the provincial market entity credit information publicity system and the provincial social credit system, and enter them into the relevant "blacklist".

3. Housing and urban-rural development departments and market supervision and management departments.

For construction units that are in arrears or fail to pay the wages of migrant workers in full and refuse to pay within the time limit, the housing and urban-rural development department will stop their bidding qualifications and clear the construction market in accordance with the law, and the market supervision and management department will revoke the business license in accordance with the law.

2. Acceptance of criminal penalties.

If a company evades the payment of employees' wages by means of transferring property, escaping, etc., or has the ability to pay but does not pay employees' wages, and the amount is relatively large, and the relevant authorities still refuse to pay the wages after supervision, it constitutes the crime of refusing to pay labor remuneration.

After the crime of refusing to pay labor remuneration is constituted, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine. If serious consequences are caused, the penalty shall be imprisonment of not less than three years but not more than seven years and a fine.

In addition, the company's boss and other directly responsible executives and other directly responsible personnel will also accept the above penalties according to the specific circumstances.

Finally, in fact, some companies believe that wage arrears only involve labor disputes and will generally not be required to bear legal liability, so they are more emboldened.

Web Links.

What to do if the company does not pay wages after resignation.

The first thing to see is whether you have signed an employment contract. If you resign, you must also sign to terminate the labor contract if you have gone through the resignation procedures and so on. If you have signed an employment contract and can prove that the boss is in arrears of wages, etc., you can choose to go to labor arbitration.

1. If the employer owes the employee's wages, the employee can call 12333 to complain to the local labor department, or apply for labor arbitration to protect their rights.

2. In accordance with the "Interim Regulations on the Payment of Wages".

Article 7 Wages must be paid on the date agreed between the employer and the worker. 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, and weekly, daily, and hourly wage systems are implemented.

Article 8 The employer shall, in accordance with the relevant agreements or contracts, pay wages to workers who have completed one-time temporary labor or a specific job.

Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with law, the employer shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract.

Article 15 An employer shall not deduct a worker's wages. Under any of the following circumstances, the employer may withhold the employee's wages:

1) Individual income tax withheld and paid by the employer;

2) All social insurance premiums withheld and paid by the employer that should be borne by the employee;

3) Child support or alimony required to be withheld in court judgments or rulings;

4) Other expenses that may be deducted from the wages of workers as stipulated by laws and regulations.

Article 18 The labor administrative departments at all levels shall have the right 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 lower than the local minimum wage standard;

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Labor Dispute Mediation and Arbitration Law

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 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.;

6) Other labor disputes as stipulated by laws and regulations.