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The issue of wages should be addressed to the local human resources and social security bureau, which has a labor dispute arbitration committee, which can file a collective application, file a case with the labor arbitration commission in writing, and apply to the court for enforcement after obtaining the award.
Or go to the district level where the construction site is located** and ask for assistance in the implementation of wages.
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If the employer is in arrears, then the employee can call 12333 to file a complaint with the local labor department, or apply for labor arbitration to protect their rights.
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 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 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.
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Legal analysis: If the construction site does not give money, the labor bureau will take care of it. You can call 12333 to complain about labor disputes, 12333 is a unified national labor administrative department to consult and complain**, and most areas are 20 cavity slip burial four-hour manual service.
Legal basis: Labor Law of the People's Republic of China Article 79 After the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation; If the mediation fails and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration.
If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
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Legal analysis: If migrant workers are in arrears of wages, it is recommended to first file a complaint with the labor inspection department of the local human resources and social security bureau, and if necessary, they can also directly apply for labor arbitration to protect their legitimate rights and interests. The method of the elder brother is as follows:
Complain to the labor inspection department first, and then apply for labor arbitration yourself. In this case, you can ask the company to pay you the full amount of your salary, and you can also claim an additional compensation equivalent to 25% of the arrears of wages. If the complaint and arbitration fail, litigation may be adopted.
In principle, the labor subcontractor (actual constructor) cannot directly sue the owner or contractor who does not have a contractual relationship, but because the labor subcontractor is often involved in the issue of migrant workers' wages, the law makes special provisions in this regard. If the construction party defaults on the payment to the labor subcontractor, the labor subcontractor can choose two ways to protect its rights: one is to sue the construction party with which it has a direct labor subcontracting relationship; Second, the owner, the construction unit and the construction party can be sued, and the owner shall be liable to the labor subcontractor within the scope of the unpaid project price. Therefore, if the owner's construction unit defaults on the construction party's project payment, resulting in the construction party defaulting on labor fees, the labor subcontractor can protect its rights by suing the owner and the construction party, and the owner will pay the payment directly to the labor subcontractor.
In addition, the listing of the owner's construction unit with abundant funds as a defendant is also conducive to the ascertainment of facts and the pressure on the owner to urge the owner to assist the construction party in paying the labor costs in a timely manner.
Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee 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 for the change of lease in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
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Summary. In China's "Labor Law", it is clearly stipulated that if the legitimate rights and interests of workers are infringed, they have the right to request the relevant departments to deal with them according to law, or apply for arbitration in accordance with the law, and employees can use the law to protect their rights and interests when the following situations occur:
1. The employer fails to pay the remuneration due to the employee in full and in a timely manner within the time agreed in the contract or in accordance with the provisions of the state; 2. Paying employees remuneration lower than the local minimum wage standard; 3. Overtime work is arranged but the employee is not paid overtime pay; 4. Rescinding or terminating the contract without paying the employee's economic compensation in accordance with relevant laws and regulations.
construction site, can the boss not give money to the labor bureau after the construction site is completed?
Hello, dear, <>
After the construction site is completed, the boss has not given money to find the labor bureau, <>
It can also be prepared to call 12333 is a unified national labor administrative department to inquire about complaints**, and most areas of Daye Bi are 24-hour manual service. If you need the district and county labor administrative department**, you need to call 114 to ask for a step. <>
If the company does not pay wages, you can contact the labor bureau. It is reasonable and legal for employees to obtain normal labor returns (wages) from the source, and the company violates China's "Labor Law" by not paying wages to employees, and employees can complain to the local labor bureau and labor inspection department in accordance with the law, or go to the local labor dispute arbitration committee to sue the staff for labor sock crack arbitration.
China's "Labor Law" clearly stipulates that if the legitimate rights and interests of workers are infringed, they have the right to request the relevant departments to deal with them in accordance with the law, or apply for arbitration in accordance with the law, and employees can use the law to protect their rights and interests in the following circumstances: 1. The employer fails to pay the employee the remuneration due to the employee in full and in a timely manner according to the time agreed in the contract or in accordance with the provisions of the state; 2. Paying employees remuneration lower than the local minimum wage standard; 3. Overtime is arranged, but the employee is not paid overtime if he is not promoted to filial piety; 4. Rescinding or terminating the contract without paying the employee's economic compensation in accordance with relevant laws and regulations.
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Summary. <>
Hello, dear, I'm glad to have your question, help you find out: what information do you need to bring to the labor bureau to ask for wages1Salary card, wage passbook, salary slip or record confirmed by the unit, employee roster stamped by the unit; 2.
Records of the employer's payment of various social insurance premiums for the employee;
If you can't pay to work on the construction site, you need to bring what information you need to bring to the labor bureau to ask for wages.
Hello, dear, I'm glad that you are hungry for the big demolition question, to help you inquire: what information do you need to bring to the labor bureau to ask for wagesSalary card, wage passbook, salary slip or record confirmed by the unit, employee roster stamped by the unit; 2.
Records of the employer's payment of various social insurance premiums for the employee;
3) Handwriting of the "work permit", "service certificate" and other documents that can prove the identity issued by the employer to the employee; (4) Recruitment records such as the "Brief Lead Registration Form" and "Completion and Merger Form" filled in by the employee;
5) Attendance records stamped by the employer; (6) Testimony of other workers, etc.
How to apply for labor arbitration1, 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 when filing the case, you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card; 2 copies of relevant evidence and a list of evidence; The employer's industrial and commercial stool has a rough record of information.
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 the liquid party will give the other party a defense period; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be settled within 60 days; If the employee is not satisfied with the award, he or she can sue the court;
During the application for labor arbitration, the employee shall not be delayed to work in the new unit.
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Legal analysis: If the wages are not paid, the labor bureau will help, and the labor bureau will deal with the complaint according to the facts after accepting the complaint, but it must do a good job of collecting evidence before complaining. Such as contracts, salary cards, duty records (punch-in records), etc.
Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 9 If 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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Summary. Hello, I can't get the money for the construction site after consulting the Labor Bureau. Ask the local labor and social security department for help, or report it to the labor administrative department (usually the labor management inspection brigade).
Counties, including people at all levels above the county level, have set up labor and social security bureaus, under which they have labor and social security supervision departments.
Hello, I can't get the money from consulting the Lao Rolling Blind Calling Bureau to do the construction site. Ask the local labor and social security department for help, or report to the labor administrative department (usually the labor management and supervision team). Counties, including people at all levels above the county level, have set up labor and social security bureaus, under which they have labor and social security supervision departments.
legal analysis; You can also apply for arbitration directly (the arbitration fee is 200-300 yuan, you win, all of which will be borne by the defendant, and if you are not satisfied with the arbitration settlement, you can go to the court to sue within 15 days after getting the arbitration letter. Migrant workers must have a legal basis for claiming wages, in other words, they must collect evidence of work in the company or construction site, evidence that the company or construction site has not paid wages, and so on. If there is no evidence, it is likely to face the legal consequences of losing the case, and with sufficient evidence, the claims of the parties can be supported by the law.
In addition, according to state regulations, in arbitration or litigation, you can request that in addition to the full payment of the worker's wages within the specified time, an additional economic payment equivalent to 25 percent of the wages and remuneration must be paid.
legal basis; Paragraphs 2 and 3 of Article 10 of the "Regulations" are: to inspect the employer's compliance with labor security laws, regulations, and rules; Accept reports and complaints about violations of labor security laws, regulations or rules. Paragraph 6 of Article 11 is to supervise the payment of wages to workers and the implementation of minimum wage standards by employers.
There is no charge. Apply to the labor dispute arbitration commission (located in the district or county labor bureau) where the employer is located or the place where the labor contract is performed (the place where you work). >>>More
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