What should I do if the boss owes my wages and I haven t signed a contract!! Last year s salary has

Legal Analysis: It is illegal for an employer not to sign an employment contract with an employee. If wages are in arrears without reason, it is illegal for one day.

According to the Labor Law, wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed. If there is an employment relationship:

Employees can file a complaint or report to the local labor inspection brigade or apply to the labor dispute arbitration commission for labor arbitration (at the same time, they can request the termination of the labor relationship and economic compensation, as well as double the salary compensation for not signing a written labor contract).

Legal basis: Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

1. What should I do if the boss is in arrears? Didn't sign a contract.

In the absence of a labor contract, if the employer owes the employee wages, the employee may negotiate with the employer, and if the negotiation fails, the employee may apply for labor arbitration to recover wages.

Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2 This Law shall apply to the following disputes over the number of workers between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of the labor relationship of peeling;

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.

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

2. What evidence is required to apply for labor arbitration for wage arrears?

1. Wage payment vouchers or records (payroll roster) and records of payment of various social insurance premiums;

2. The work permit and other documents that can prove the identity of the employee issued by the employer;

3. Records such as the employer's recruitment registration form and registration form filled in by the worker;

4. Attendance records;

5. Testimony of other workers, etc.

Among them, the employer bears the burden of proof for the relevant documents, and the employee should pay attention to keeping his work card, time card, salary slip and other materials in ordinary times.

Incomplete or flawed pay slips cannot be used as evidence to claim wages. Chunbicha can provide labor contracts, attendance records, witness testimony, etc. to corroborate each other with salary slips to form a complete chain of evidence, which will be more beneficial to salary negotiation.

If the employer is in arrears of wages, it shall first negotiate with the employer, and if it cannot be resolved through negotiation, it can file a complaint with the local labor inspection department or apply for labor arbitration.

1. Can I sue the company for deducting all wages?

As long as the employer deducts wages without reason, no matter how much, the employee can report and complain to the labor inspection department, or apply to the labor arbitration commission for labor arbitration. In the event of a dispute, it is recommended to negotiate with the scumbag first, and if the negotiation fails, you can collect evidence, go to the labor inspection department to complain, or apply for labor arbitration. Labor arbitration refers to the mediation and adjudication of labor disputes by the Labor Arbitration Commission on the arbitration of the parties.

In China, labor arbitration is a necessary procedure for parties to a labor dispute to file a lawsuit in the people's court. If the employer defaults on the deduction of the employee's wages, the employee has three legal ways to demand the payment of wages: (1) the employee can file a complaint with the labor inspection department of the local human resources and social security bureau **12333 and request that the employer be ordered to pay the employee the full amount of wages; (2) You can apply to the Labor Dispute Arbitration Commission of the local Human Resources and Social Security Bureau for arbitration, and request that the employer pay the employee full wages.

3) If there is an IOU (or: mediation letter, repayment agreement, etc.) in arrears of wages, you can directly sue the court and ask the court to determine the amount of money in the IOU (mediation letter, repayment agreement, etc.) of the employer (various large and small enterprises, companies, various units, private bosses, etc.).

2. Can I call the police if I can't settle the salary?

If you can't settle the salary, you can call the police, but this is generally a civil dispute and will not be dealt with.

Under normal circumstances, the parties concerned should first file a complaint with the labor inspection department or apply to the labor arbitration commission for arbitration, and only if they still fail to pay after being urged by the labor administrative department to constitute the crime of refusing to pay labor remuneration, so that it will be useful to report to the police.

If it is found that the employer is in arrears of wages to the employee, it can be dealt with in the following ways:

1. Negotiate and solve the problem first.

2. If the negotiation fails, you can file a complaint with the labor inspection brigade.

3. You can apply to the Labor and Personnel Dispute Arbitration Court for labor arbitration.

4. If you are not satisfied with the arbitral award, you may file a lawsuit with the people's court.

3. What are the constituent elements of a disguised wage reduction for job transfer?

The methods for protecting rights for disguised wage reductions are as follows: 1. The employee shall negotiate with the employer to settle the matter by himself: the employee may claim the loss during the illegal job transfer from the employer through the Labor and Personnel Dispute Arbitration Commission.

2. Complain to the labor inspection department; The labour inspectorate has the right to impose penalties on employers for violations. 3. Apply for labor arbitration. 4. Those who are dissatisfied with the result of the ruling may file a lawsuit with the people's court.

Article 77 of the Labor Contract Law stipulates that if the legitimate rights and interests of an employee are infringed, he or she has the right to request the relevant department to handle the matter in accordance with the law, or to apply for arbitration or file a lawsuit in accordance with the law.

First of all, it is illegal for an employer to fail to sign a written labor contract with an employee in accordance with the regulations. The legal consequence is that the employer shall pay double wages from the day after one month from the date of employment to the day before signing the written labor contract.

Second, according to the law, it is illegal for an employer to withhold an employee's wages without reason. Employees may file a complaint with the labor inspection department, or apply to the labor arbitration department for labor arbitration with relevant evidence to protect their legitimate rights and interests.

Article 91 of the Labor Law of the People's Republic of China.

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 the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation:

1. Deducting or defaulting on the wages of the workers without reason;

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

3. The wages of workers are paid below 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.

Pro: If the boss who has not signed a labor contract is in arrears of wages, the worker can first negotiate with the employer to settle the problem, and if the negotiation fails, the worker can complain to the labor administrative department, and the labor administrative department will order the boss to pay the wages within a time limit. If the labor contract has not been signed for more than one month, it can also claim double the salary.

Legal basis] Article 82 of the 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 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.

I hope you can help you and have a happy life.

Direct labor arbitration, keep your work records, such as chat records, work logs, etc., and directly compensate double wages without signing a contract.

Hello, dear, I am asking the legal advice teacher, I am happy to answer for you! The solution to the boss's arrears of wages and failure to sign a contract is as follows: 1. The worker can apply to the local people's court for a payment order in accordance with the law; 2. Workers can complain to the labor administrative department; 3. The worker can negotiate with the boss; 4. The worker can prove the existence of the labor relationship in other ways to apply for labor arbitration.

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China stipulates that 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 a payment order in accordance with the law.

Article 85 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 specified period of time: failing to pay the labor remuneration to the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state. Dear, I hope mine is helpful to you, and I wish you a happy life! 