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Boss, dismiss employees without pay, always say that you are not doing this well, that is not doing well, this is the boss in the Ministry of Labor in violation of the law. The premise of the labor law is to do one. Actions that do not want to pay workers.
You can make the facts clear by reporting them to the labor department. No matter how wrong the boss is with the employee, it is not right not to pay the salary. If it really doesn't work, go through labor arbitration.
Fight a lawsuit with him.
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It is not right for the boss to dismiss the employee without paying, no matter how bad the employee is, he cannot not be paid his salary, and if the boss does not pay the salary, the employee can apply to the labor arbitration department for arbitration.
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There are many bosses, and some people have a sense of responsibility and responsibility. Of course, there are also scoundrels who do not take responsibility. There is no problem in dismissing an employee, but it should be a good one.
Employees can be educated, trained, and assessed if they do not work properly, but they must not be paid wages. For the boss's illegal behavior, you can first communicate with the personnel, if not, apply to the labor bureau for arbitration.
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Since you have dismissed people, you have to pay wages and compensation, and your boss is cheating and cheating and violating the labor law!
It is recommended to take up the law** and protect your legitimate rights and interests! Collect evidence and take the lawsuit to court! Or apply for labor arbitration, and you can't let that boss continue to harm employees, and sell well when you get cheap!
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We humans are born to be valuable. You may not be worthless in the eyes of your boss, or maybe you can't do it yourself. You should go and reflect on it. It's just that I'm not afraid to lose the job this time, and I must do it well next time.
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Hello, the labor law clearly stipulates that when an employer or boss dismisses an employee, he must settle the salary and not deduct the worker's wages. If the boss finds an excuse to deduct wages, he can file a complaint with the labor department.
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Be clear about your boss. Resolute attitude. If wages are not paid. Just call the police. or to apply for labor arbitration. Boss, there is dismissal. Employees' rights. But what. Just paid to the employee. Obligation of wages.
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It may be that he wants to pass the buck, so he said. It's important to find a good boss.
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The boss said that you are not good like this or that, and you can correct yourself according to the boss's requirements, but the boss does not pay the salary, then it is his fault, and it is recommended to go to the labor arbitration department to sue him.
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Whether the boss is too picky or the employee is not doing his duty, no matter what, he has to pay the salary before he can dismiss the employee.
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Let him be dismissed! Let him lose money.
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Legal analysis: If the boss dismisses an employee without paying wages, he can apply for labor arbitration and demand that the employer pay compensation for illegal dismissal and arrears of wages, or file a lawsuit.
Legal basis: Article 77 of the Labor Contract Law of the People's Republic of China If the legitimate rights and interests of a worker are infringed, he or she has the right to request the relevant departments to handle it according to law, or to apply for arbitration or file a lawsuit in accordance with law.
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It is illegal for the boss to dismiss the rough rotation workers without paying them, and the employees have the right to take corresponding legal measures to protect their legitimate rights and interests. There are several ways in which employees can address this problem.
First of all, the employee can communicate with the boss and raise his legal rights and interests with the boss to request the payment of wages. If the boss refuses to pay wages without a valid reason, the employee can ask the boss to sign a written undertaking and immediately fulfill the pledge, and if the employee still does not receive reasonable compensation after the retirement annuity is received, he can seek legal assistance and take legal measures to solve the problem.
In addition, the employee can report the matter to the Labor Inspectorate. If the labour inspectorate determines that the boss has not paid wages in accordance with the law, it will require the boss to pay the wages immediately and impose a fine.
At the same time, if employees need to further protect their legitimate rights and interests, they can hire a lawyer to file a lawsuit on their behalf. Lawyers can help employees write litigation materials, protect the legitimate rights and interests of employees, and ensure that employees get due compensation for the destruction of keys. If the court finds that the boss is indeed in arrears, the employee is entitled to compensation and the boss may also be fined or other legal sanctions.
To sum up, in the case of a boss who dismisses an employee without pay, an employee can take a variety of methods to protect his or her legitimate rights and interests, including communicating with the boss, reporting to the labor inspection department, hiring a lawyer to file a lawsuit, etc., to ensure that he or she receives reasonable compensation and protects his or her legitimate rights and interests. <>
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The employee can apply for labor arbitration and demand that the employer pay double wages for not signing the contract and compensation for illegal dismissal.
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 Wang Chun's imitation and 1 copy of the applicant's ID card; 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 ** trial, and then the two of you will be reconciled, and the arbitration committee will issue an award if the mediation fails; 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. Article 47 of the Labor Contract Law of the People's Republic of China stipulates that economic compensation shall be paid to the worker according to the standard of one month's salary for each full year of service in the employer. 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. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract. 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 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law. Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker 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.
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The solution to the boss's dismissal without pay is as follows:
1. Negotiate with the boss: You can negotiate with the boss to negotiate and solve the problem of salary payment.
3. Complain to the labor arbitration institution: You can complain to the local labor arbitration institution and ask the boss to pay the arrears of wages.
4. Report to the labor inspection department: You can report the boss's illegal behavior to the local labor inspection department. Relevant evidence and materials need to be provided, and operations are carried out in accordance with the prescribed procedures and requirements.
The information that needs to be provided when the boss dismisses and sues for non-payment of wages is as follows:
2. Salary slips: It is necessary to provide salary slips, bank statements and other materials to prove the wages of employees to prove that the boss has not paid employees' wages in accordance with the contract.
4. Complaint: Employees need to submit a complaint to the court, detailing the content, requirements and factual basis of the complaint.
5. Lawyer's power of attorney: If the employee entrusts a lawyer to sue, a lawyer's power of attorney is required.
To sum up, the issue of wage payment is a complex issue that needs to be dealt with according to the actual situation. When dealing with wage payment issues, you need to understand the relevant laws, regulations and regulations, and consult relevant professionals or lawyers to protect your rights and interests. At the same time, it is also necessary to retain relevant evidence and materials for subsequent rights protection.
Legal basis]:
Article 77 of the Labor Law of the People's Republic of China.
In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration, file a lawsuit in accordance with the law, or resolve it through negotiation.
The principles of conciliation apply to both arbitration and litigation proceedings.
The ninth sells the eleventh hail.
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) 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 lower than the local minimum wage standard;
4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.
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Summary. The main reasons are: 1. In order to avoid the payment of dismissal compensation for dismissed employees.
Forcing employees to be unbearable to leave on their own. 2. Employees are dismissed without fault, and the company is worried about shaking people's hearts and is not conducive to the stability of enterprise talents. Hence the "delaying tactics".
3. In order to reduce the cost of dismissal, the enterprise no longer does the arduous dismissal explanation and persuasion work for the dismissal.
The main reasons are: 1. Hu Cover in order to avoid paying the dismissal compensation of the dismissed employees. Forcing employees to be unbearable to leave on their own.
2. Employees are not at fault and quit their trousers, and the company is worried about shaking people's hearts and pants, which is not conducive to the stability of enterprise talents. Hence the "delaying tactics". 3. In order to reduce the cost of dismissal, the enterprise no longer does the arduous dismissal explanation and persuasion work for the dismissal.
Relatives can apply for labor arbitration and require the employer to pay compensation, the standard of which is 2 months' wages for every 1 year of service.
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1. Try to negotiate with the company first.
If you don't want to make the relationship stiff or waste a lot of time and energy after a wage dispute with the company, it is best to negotiate with the other party peacefully. If you find it difficult, you can also ask the labor union or a third party to negotiate with the employer to reach a settlement agreement.
2. You can find someone to mediate.
If your company is unwilling to negotiate, fails to negotiate, or fails to perform after reaching a settlement agreement, then you can also apply to a mediation organization for mediation.
3. Go to the labor department to complain.
If the company unilaterally dismisses an employee and does not pay wages, it is a violation of the provisions of the labor law, so if you still refuse to comply with the law after the above-mentioned channels, it is best to go to the local labor inspection department to complain about the company's illegal behavior in time.
4. Apply for labor arbitration directly.
If the other party is still unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, you can now apply to the labor arbitration commission for arbitration.
5. If it can't be solved, go to sue.
If the above methods do not solve the problem, you do not need to worry, you can now file a civil lawsuit directly with the court to request the settlement of the labor dispute and compensation for your losses.
Article 48 of the Labor Law of the People's Republic of China stipulates that 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 An employer shall, in accordance with the provisions of the labor contract and state regulations, 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 In any of the following circumstances, the employer shall pay the worker a wage remuneration higher than the wage for normal working hours according to the following standards: (1) If the worker is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150 percent of the wage; (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.
Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time;
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 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 at a rate lower than 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.
If the boss dismisses the employee in disguise, he should pay compensation to the employee. According to Article 87 of the Labor Contract Law, if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law. Note: >>>More
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