Half a month in advance, I said that I would resign, but the boss did not pay my salary

If the employer still refuses to pay wages after being reminded, it may appeal or accuse to the local labor inspection department, or may apply for labor arbitration.

How to apply for labor arbitration.

1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).

2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court;

3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.

Interim Provisions on Payment of Wages".

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 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 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.

Article 50 of the Labor Law Wages shall be paid to the worker himself on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed.

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 at a rate lower than the local minimum wage.

4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

Labor Dispute Mediation and Arbitration Law.

Article 9: [Administrative Remedies for Disputes such as Arrears of Labor Remuneration] Where an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or by defaulting on 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.

Labor Contract Law

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.

Legal Analysis: If an employee resigns one month in advance and the employer does not pay wages, the employee may apply for labor arbitration and request the employer to pay the arrears of wages.

Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

When the employment relationship is terminated, the employer shall pay the employee's wages in a lump sum. If the payment is not made, the following methods may be adopted: complain to the labor and social security administrative department (labor inspection brigade), and the labor inspection brigade will order the payment within a time limit, and if the payment is not made within the time limit, it may request additional compensation, compensation standard:

Between 50% and 100% of the amount payable.

1. How to report if the salary has not been paid.

If the employer does not pay wages or is in arrears, it can appeal to the local labor inspection brigade and ask for a settlement. According to the Labor Law, wages shall be paid on a monthly basis. If the company is in arrears of wages, the employee can file a complaint with the labor inspection brigade, which will order the employer to pay wages within a time limit, and if the payment is not made within the time limit, additional compensation will be paid.

If the employer fails to pay the employee's remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; The labor administrative department shall order the payment of labor remuneration, overtime pay or economic compensation within a time limit, and 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 50% to 100% of the amount payable.

Second, can the boss call 110 to call the police if he doesn't pay his salary?

Calling 110 for unpaid wages may work, but it's not the best option. Non-payment of wages is not under the control of the public security organs, so calling 110 is not the right choice. If wages are in arrears, the worker may take the following measures:

1.The employee can negotiate with the employer; 2.If you complain or report to the Ministry of Labor and Social Security, the labor inspection brigade shall order you to pay within a time limit, and if you fail to pay within the time limit, you may request additional compensation, and the compensation standard:

Between 50% and 100% of the amount payable. 3.Apply to the Labor Dispute Arbitration Commission for labor arbitration, request the termination of the labor relationship and the payment of wages and economic compensation. If you still want to maintain the employment relationship, you can only ask for payment of wages.

Labor Contract Law of the People's Republic of China

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Article 49 The State shall take measures to establish and improve a system for the transfer and continuation of workers' social insurance relations across regions.

Article 50 An employer shall, upon dissolution or termination of a labor contract, issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of the worker's file and social insurance relationship within 15 days.

The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

If the boss does not pay the salary, the worker can file a complaint with the local labor inspection department; After the complaint, they will order the employer to pay the arrears of wages within a time limit; Or the worker can apply to the local labor arbitration institution for labor arbitration and demand that the employer pay wages.

Article 85 of the Labor Contract Law stipulates that 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 remuneration for labor reimbursement is lower than the local minimum wage standard for missing sedan cars, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay the employee an additional compensation match compensation according to the standard of between 50% and 100% of the amount payable: (1) Failing to pay the employee's labor remuneration 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 lower than 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.

If the boss does not pay the salary, the worker can file a complaint with the local labor inspection department; After the complaint, they will order the employer to pay the arrears of wages within a time limit; Or the worker can apply to the local labor arbitration institution where the sedan car was sold and ask the employer to pay wages.

Article 85 of the Labor Contract Law stipulates that 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 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 employee's labor remuneration 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 lower than the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or resuming the termination of the labor contract, and failing to pay economic compensation to the worker in accordance with these Regulations.