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You can go to the labor inspection brigade of the Human Resources and Social Security Bureau to complain and report, or you can go to labor arbitration and suggest 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 ......
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Wage arrears can be resolved through labor arbitration and litigation through "one adjudication and two trials". First, apply to the local labor arbitration commission for arbitration; If they are not satisfied with the arbitral award, they shall file a civil lawsuit with the local court.
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The most direct way to not pay wages in the factory is to file a complaint or apply for labor arbitration. If the factory is in arrears of wages, it can file a complaint with the security supervision brigade of the labor department, or it can directly apply for labor arbitration. If you are not satisfied with the arbitration result, you can go to the court within 15 days after obtaining the arbitration letter to file a lawsuit.
In arrears of wages, the employer violates the law by paying wages beyond the time agreed between the employer and the employee for payment of wages. According to the relevant regulations, the employer shall pay wages at least once a month. Employers that implement a monthly salary system must pay wages on a monthly basis; Employers that implement hourly, daily or weekly wage systems shall pay wages on an hourly, daily or weekly basis in accordance with the agreement.
Complaints refer to the right of the person whose rights and interests have been violated to assert his or her rights to the relevant state organs for the fact that the organization involved in the case has violated his or her lawful rights and interests. The complainant is the person whose rights and interests have been infringed. You can do this without paying wages in the factory:
1. Negotiation or mediation. Negotiate with the factory, or apply to the labor dispute mediation committee for mediation; 2. Arbitration. Seek the help of a labor dispute arbitration commission; 3. Prosecution.
If the applicant is not satisfied with the arbitral award, he or she may file a lawsuit with the court within 15 days from the date of receipt of the arbitral award. If you work for an employer, there are two ways to request payment of wages: 1. The worker can file a complaint with the local labor bureau for labor inspection.
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.
Pros: In addition to wages, financial compensation, double wages, etc., can also be claimed, and can generally be finally resolved.
Legal basis: Article 3 of the Labor Law of the People's Republic of China Workers enjoy the right to equal employment and choice of occupation, the right to receive labor remuneration, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights prescribed by law. Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.
Article 4 Employers shall establish and improve rules and regulations in accordance with law to ensure that workers enjoy labor rights and perform labor obligations. Article 18 The following labor contracts are invalid: (1) labor contracts that violate laws and administrative regulations; (2) Labor contracts concluded by means of fraud, threats, or other means.
An invalid employment contract is not legally binding from the moment it is concluded. If it is confirmed that part of the labor contract is invalid, the remaining part shall remain valid if it does not affect the validity of the remaining part. The invalidity of the labor contract shall be confirmed by the labor dispute arbitration commission or the people's court.
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Summary. Kiss <>
We'll be happy to answer for you. <>
The most direct way to not pay wages in the factory is as follows: you can directly apply for labor arbitration, (1) after confirming the labor relationship, you can negotiate with the boss to request the employer to pay back wages for the illegal behavior of the employer in arrears of wages; (2) 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; (3) If you are not satisfied with the labor arbitration award, you can directly ask a lawyer to file a lawsuit and recover the arrears of wages through litigation.
The most direct way to do if the factory does not pay wages.
Kiss <>
We'll be happy to answer for you. <>
The most direct way to not pay wages in the factory is as follows: you can directly apply for labor arbitration, (1) after confirming that the labor relationship is enduring, you can negotiate with the boss to request the employer to pay back wages for the illegal behavior of the employer in arrears of wages; (2) 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; (3) If Chang Hengguo is dissatisfied with the arbitration award of Lao Hongyan, he can directly ask a lawyer to file a lawsuit and recover the arrears of wages through litigation.
Legal basis: Article 18 of the Provisions on the Suspension of Wage Payment stipulates that labor administrative departments at all levels 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.
Dear, can you describe the specific situation.
It's just that I haven't been paid my salary for half a year.
Yes, it's a long time.
The most direct way for you is to apply for labor arbitration.
More than 20,000 in total.
Do you need to provide any evidence?
Evidence of employment relations is required.
You have signed a contract here.
Yes, but I am an accountant in the factory.
Your situation is eligible for labor arbitration.
Do you say that you have to leave your job before you can go to labor arbitration?
It is not necessary to leave the job before you can go to labor arbitration.
You need to prepare a labor arbitration application and submit it to the local labor department.
The economic compensation shall be paid to the worker according to the number of years of service in the employer, and one month's salary shall be paid to the worker for each full year. if it is more than six months but less than one year, the balance shall be calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
If the company terminates the employment contract with you, it will pay you double your salary.
If necessary, the teacher can help you with a labor arbitration application.
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The easiest way is to file a complaint with the local labor law enforcement inspection brigade, who will supervise and inspect the employer in accordance with the "Labor Security Supervision Regulations" and order it to pay the arrears of wages.
According to the relevant laws and regulations of the People's Republic of China, the employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract and the provisions of the state. 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.
Legal basis. Article 30 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Labor Remuneration] The employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract and national regulations. 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 an order for payment or respect in accordance with the law.
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Workers can solve the problem by the following methods:
1. Report to the labor administrative department (usually the labor management and inspection team).
2. You can also apply for arbitration directly (the arbitration fee is 200-300 yuan, and if you win, all will be borne by the company).
3. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.
4. In accordance with the provisions of the state, in the case of arbitration or litigation, you may request that in addition to the full payment of the wages and remuneration of the employee within the specified time, an additional economic compensation equivalent to 25% of the wages and remuneration shall be paid.
Legal basis. Article 38 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Unilateral Termination of Labor Contract by Employee] If the employer has any of the following circumstances, the employee may terminate the labor contract: (1) failing to provide labor protection or working conditions in accordance with the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) Where the circumstances provided for in the first paragraph of Article 26 of this Law make the labor contract ineffective; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations.
If an employer forces a worker to work by means of violence, threats or illegal restriction of personal freedom, or if the employer violates rules and regulations and forces the employee to perform risky work that endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer in the Ming Town.
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The most direct way for the factory not to pay wages is for Dong Qingfu to file a complaint or apply for labor arbitration. If the factory is in arrears of wages, it can file a complaint with the security supervision brigade of the labor payment department, or it can directly apply for labor arbitration. If the disturbance is not satisfied with the outcome of the arbitration, it may file a lawsuit in court within 15 days after obtaining the arbitration letter.
The factory does not pay wages, you must first collect the proof of your work in the factory, the salary slip and the easy-to-use documents, and then submit these supporting documents to the labor arbitration so that the labor arbitration will come forward to ask you for wages.
Wages should be settled on the day of termination of the labor contract. >>>More
It depends on which unit you work in (what kind of unit).
Some units will pay one month's salary if they have worked for half a month, but if they do not work for half a month, they will not be paid for half a month, or they will be paid wages according to the number of days. >>>More
Anhui Cheng Weiwei lawyer will reply for you: the salary during the medical treatment period of work-related injury should be paid according to the average monthly salary of the 12 months before the injury, and secondly, after the work-related injury assessment level, you can claim work-related injury compensation; The employer may be required to pay the salary for the medical period, but if the employer does not pay, it can file a complaint with the Labor Bureau or arbitrate for resolution.
Hello! There are many situations of wage seizure, it is difficult to define a standard, I give you a suggestion, call 114 to check the local labor bureau**, and then call your wage seizure situation in detail ** to consult professionals, they will give you the best handling advice. This is the most effective way to help you solve the problem, I hope it will help you.