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If an employer deducts or defaults on the employee's wages, the employee may file a complaint with the Labor and Social Security Supervision Brigade or apply for labor arbitration.
When filing a complaint with the Labor Inspection Brigade, the Labor and Social Security Inspection Brigade shall bring your ID card, the full name of the employer, the name and contact information of the person in charge, and relevant evidence that can prove that the employee works at the employer, and the Labor and Social Security Supervision Brigade shall issue a correction within a time limit.
Legal basis: Article 18 of the Interim Provisions on Payment of Wages Article 18 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 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.
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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 one year 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 labor arbitration award takes effect, the employee 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.
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Complaints from the Labor Inspection Brigade.
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There are many people who work in life, and they may not get their wages in the end, because there are some bosses, they are also very hateful, and they will also owe wages to workers, so at this time, the workers have no choice, because they don't know how to protect their rights and interests, and they don't know who to go to, so at this time, workers may use their own means to get their wages back, which may also hurt others, so if we want to protect our wages, It must be defended by legal means.
1. Report to the labor administrative department.
In normal times, the state also has regulations for workers to defend their rights, so if we can't get paid, we must report to the labor administrative department.
Second, you can also call the police to deal with it.
There are also many workers who do not get paid, and they can also go to the police, and then let the police supervise the boss, and then let the boss pay the workers under the pressure of the police to stop them.
3. Labor arbitration may also be applied.
First of all, we can also go to the labor bureau in the city to complain to the company, and then apply for labor arbitration, so that we can also get our wages back.
Therefore, in life, if we encounter this kind of boss and do not pay ourselves wages in time, we must also defend our rights through legal means, and we must not use private violence, so that not only can we not get wages, but also let ourselves have losses, so this is also very much more than worth the loss, because there are many people who are in arrears of wages in life, so when we choose to work with the boss, we must find a person with good character and tens of millions of people with bad character to work together.
It is also very difficult for every worker to work, because they are uprooted from their hometowns, and it is also very hard to work outside the rough lead and beard all year round, and in the end, the boss will not pay wages, and it is also a bamboo basket to draw water, and there are many migrant workers, they have no culture, so they don't know how to defend their rights.
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Hello! For this issue, you can protect your rights through the following channels: 1. Workers can complain to the labor inspection of the local labor bureau.
2. You can go to the local labor bureau (labor dispute arbitration committee of the human resources and social security bureau) to apply for an arbitration award and demand the payment of wages. If you do not have an employment contract, you can demand double the salary of your brother who has not signed an employment contract. If the employment relationship is terminated on the basis of arrears of wages, the employee can also claim severance payments.
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If the boss has been in arrears and has not paid the salary, you should go to the personnel department, or you can go to the financial department, if you find these two Li Ma departments, they will deal with this problem for you normally, and they will definitely pay you regular wages.
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If the boss has been in arrears of wages, he should go to the labor bureau, apply for labor arbitration, or go to the court to appeal.
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You can go to the labor bureau, you can complain to the relevant departments, so that the actual problem can be solved, and you can go to the municipal department for feedback.
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In this case, you should collect as much evidence as possible and then apply to the Labor Bureau for labor arbitration.
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Arrears of wages can be solved by the Mu Yan Department of the Labor Bureau
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 must 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.
Article 85 of the Labor Contract Law of the People's Republic of China If an employer falls under any of the following circumstances, the labor administrative department shall order it 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 payment is not made within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of between 50% and 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 below 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.
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Legal analysis: If the unit is in arrears of wages, does not pay wages, or deducts wages, you can call 12333** to complain and report, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint directly with the Labor Bureau's Inspection Brigade.
If the employer fails to pay the labor remuneration on time, the party concerned can also apply for the 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.
Legal basis: Article 48 of the Labor Law of the People's Republic of China The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record.
The wages paid by the employer to the employee shall not be lower than the local minimum wage.
Labor Contract Law of the People's Republic of China
Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and in a timely manner. 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 44 Under any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) if the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where 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.
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If the boss of the company owes the wages of the employees, you can take the following ways to solve the problem: 1Text or email to apply:
First of all, you can communicate the situation to the boss through electronic communication, such as text message or email, and ask for the payment of wages. Be polite and sincere, and try not to use a threatening tone. 2.
Negotiate with your boss in person: If the email is invalid, you can negotiate with your boss in person. Explain the hardship situation after the debt, and clearly request the payment of wages.
You can bring legal evidence, such as employment contracts, pay slips, etc. 3.Reflect to the union:
If the company has a labor union, you can inform the union of the situation. Unions can coordinate negotiations or help develop solutions. 4.
Complaints from the original labor department: You can directly go to the local labor security and labor economics department to report and complain. The relevant departments may require the company to pay the arrears of wages, and joint and several recovery measures may be taken if it is invalid within a certain period of time.
5.Take legal action: If you can't reach an agreement with the company, you can appoint a lawyer to file a wage lawsuit with the court.
6.Contributions to the Social Security Administration: If you do not receive your salary, you can still pay your personal identification information to the Social Security Bureau.
The Social Security Institute can enforce the recovery of the social security due to the individual after the company has paid the arrears. The above are some ways to solve the company's unpaid wages, weigh the situation, and choose one or more reasonable solutions. While exerting pressure in disguise, try to maintain reasonable communication and negotiation.
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Suggestions for arrears of wages can be reported to the administrative department of the Labor Management Supervision Brigade (usually the Labor Management Supervision Brigade), or you can directly apply for arbitration, and if you are not satisfied with the arbitration result, you can file a lawsuit in the court within 15 days after receiving the arbitration letter. According to the provisions of the state, in the case of arbitration or litigation, in addition to paying the wages and remuneration of the laborer in full within the prescribed time, it is also required to pay an additional economic compensation equivalent to 25 percent of the wages and remuneration. To apply for labor arbitration, you need to prepare the following documents:
1. One original copy of the application registration form for labor dispute arbitration; 2. Two original copies of the application for arbitration of labor disputes, and copies shall be submitted according to the number of respondents; 3. One copy of the applicant's ID card (please make a copy of both sides of the new generation ID card); 4. One copy of the respondent's registration materials (valid within one month from the date of printing); 5. One copy of the proof of the existence of labor relationship between the applicant and the respondent (such as labor contract, temporary residence permit, work permit, brand, work card, salary record, employment registration form, deposit receipt, penalty certificate, social security policy, certificate of dissolution or termination of labor relationship, etc.). Apply for arbitration to the labor dispute arbitration committee at the place where the employer is located or the place where the labor contract is performed. Article 7 of the Interim Provisions on Payment of Wages stipulates that wages must be paid on the date agreed upon by 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, and weekly, daily, and hourly wage systems are implemented.
Article 9 of the Regulations on the Supervision of Labor and Social Security Any organization or individual has the right to report to the administrative department for labor security any violation of laws, regulations or rules on labor security. If a worker believes that the employer has infringed upon his or her legitimate rights and interests in labor security, he or she has the right to lodge a complaint with the labor security administrative department. The administrative department for labor and social security shall keep the informant confidential; Whistleblowers who report truthfully and provide major clues and evidence for the investigation and punishment of major violations of labor security laws, regulations or rules will be rewarded.
Article 9 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 9 Where an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with law.
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The employer shall not deduct or default on the wages of the employee without reason. If the employer is in arrears of wages, the employee may file a complaint or report to the labor and social security department (labor inspection brigade); You can also apply to the Labor Dispute Arbitration Commission for labor arbitration. Legal basis:
Article 50 of the Labor Law stipulates that wages shall be paid to the worker himself in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed. Article 10 of the Regulations on the Supervision of Labor Security and Obstacle Tolerance Article 10 The administrative department of labor and social security shall carry out labor security supervision and perform the following duties:
1) Publicize labor security laws, regulations, and rules, and urge employers to implement them; (2) Inspect the employer's compliance with labor security laws, regulations, and rules; (3) Accepting reports and complaints about violations of labor security laws, regulations, or rules; (4) Correct, investigate and deal with violations of labor security laws, regulations or rules in accordance with the law. Article 11 The administrative department for labor security shall carry out labor security supervision on the following matters: (1) the employer's formulation of internal labor security rules and regulations; (2) The circumstances of the conclusion of a labor contract between the employer and the employee; (3) The employer's compliance with the provisions prohibiting the use of child labor; (4) The employer's compliance with the special labor protection provisions for female employees and juvenile workers; (5) The employer's compliance with the provisions on working hours, rest and vacation; (6) The employer's payment of wages to workers and implementation of the minimum wage standard; (7) The employer's participation in various social insurances and payment of social insurance premiums; (8) Employment agencies, vocational skills training institutions and vocational skills assessment and appraisal institutions comply with the provisions of the State on employment introduction, vocational skills training and vocational skills assessment and appraisal; (9) Other labor security supervision matters provided for by laws and regulations.
In the event of a labor dispute arising from Article 4 of the Law on Mediation and Arbitration of Labor Disputes, the employee may negotiate with the employer, or ask the labor union or a third party to negotiate with the employer to reach a settlement agreement. 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.
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