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You can call the policeIf the employer still fails to pay the wages after being notified by the labor bureau, it may report to the police and accuse the boss of the crime of refusing to pay labor remuneration and request that he be investigated for criminal responsibility.
Determination of unjustified wage arrears:
According to Articles 7, 8 and 9 of the Interim Provisions on Payment of Wages, wages must be paid on the date agreed between 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 wages can be paid on a weekly, daily, and hourly basis; For workers who have completed one-time temporary labor or a specific job, the employer shall pay wages to the employee after the completion of the labor task in accordance with the relevant agreement or contract.
When both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum within 5 days of the termination or termination of the labor contract.
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1. Can I report to the police if I am in arrears of wages?
It is possible to report to the police for wage arrears, but it is not really useful to report to the police.
If the employer still fails to pay the wages after being notified by the labor bureau, it may report to the police and accuse the boss of illegal and criminal acts. In addition, they can also apply to the labor arbitration commission for arbitration, and if they are not satisfied with the arbitration, they can also file a lawsuit with the court.
2. How to compensate for arrears of wages.
1. If the employer deducts or arrears the wages of the employee without reason, in addition to paying the employee's wages and remuneration in full within the specified time, it shall also pay an additional economic compensation equivalent to 25% of the wages and remuneration.
2. In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation for the termination or termination of the labor contract 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 according to the standard of between 50% and 100% of the amount payable
1) Failure to pay labor remuneration to workers in accordance with the provisions of the labor contract or in accordance with the provisions of this Law;
2) The wages of workers are paid below the local minimum wage standard;
3) arranging overtime without paying overtime pay;
4) Dissolving or terminating a labor contract without paying economic compensation to the employee in accordance with these Regulations.
3. 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. Where an employer is in arrears or fails to pay labor remuneration in full, the people's court shall issue a payment order in accordance with law.
3. In the case of arrears of wages by the employer, the migrant worker shall first negotiate with the employer, and if the negotiation cannot be resolved, the matter can be resolved 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 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.
It should be particularly pointed out that when encountering a situation where rights and interests such as wage arrears are infringed, we must not resort to radical acts such as climbing buildings and blocking roads, and we must rely on legal means to solve the problem. Otherwise, impulsiveness will not only be useless, but may also be held accountable for violating the criminal law.
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The report of non-payment of wages will be dealt with. However, because the boss's arrears of wages are generally a labor dispute, it will be difficult to deal with them after reporting to the police. In practice, it is advisable for an employee who is owed wages to take the following measures:
1. Negotiate with your boss. 2. Complain to the labor department. 3. Find a labor arbitration institution for arbitration.
4. Find a court to file a lawsuit. deducting or defaulting on the wages of the workers without reason; refusal to pay wages and remuneration for extended working hours; The wages of workers are paid below the local minimum wage standard. 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.
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 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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Legal analysis: If the boss does not pay wages, the worker can call the police, but in most cases it is useless to call the police.
1. It is useless to call the police, the easiest way is to complain to the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the "Labor and Social Security Supervision Regulations" in accordance with the law, and order it to pay the arrears of wages.
2. In accordance with the provisions of Article 30 of the Labor Contract Law, if the employer is in arrears or fails to pay the labor remuneration in full, the employee 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.
3. The most effective is to apply for labor arbitration directly to the local labor administrative department (no fees, no lawyer), and claim compensation from the unit through the award issued by labor arbitration, and if it is not compensated, it can be applied to the court for enforcement.
4. While claiming wages in the above ways, you can also require the employer to pay you additional compensation according to the standard of 50% to 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law.
Legal basis: Article 77 of the Labor Contract Law In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law.
The principles of conciliation apply to both arbitration and litigation proceedings.
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If you are owed wages, then you can choose to call the police, but this matter is a general civil dispute, so ** will only let both of you negotiate to settle, so calling the police is not very helpful for you to hate wages, and I personally suggest that you have better complain to the local labor bureau, and then ask for your own wages through the labor bureau!
Questions. The Labor Bureau didn't solve it with us, they said that they would ask you a few words, and they said that they had no money, but he told me that he wouldn't pay that salary, didn't he solve it with us, and the Labor Bureau didn't seem to deal with it very well.
He made it clear that he didn't want to give it.
It's useless to ask for wages and find the police, so you can only go to the labor bureau, and then you can go to the labor bureau to directly complain about the boss's arrears of wages, and in this case, the labor bureau should have a special person responsible, in addition, you can also go directly to the court to sue the boss for wages!
Questions. Or can you go directly to the court to sue?
Or can you go directly to the court to sue?
There is a labor dispute between you and your boss, so it is definitely okay to go to court to sue, but it may drag on for months!
Questions. Now you can go to the labor bureau again, and at the same time you can go to the court?
You go to the labor bureau first to see if it can help you solve the problem, if you can't solve the problem and then go to the court to sue, this is best to take it step by step, because this can ensure that you can get your salary to the greatest extent!
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It didn't work, and the police couldn't be called.
Civil and criminal, this is the most basic common sense. The public security organs are investigating criminal cases and administrative cases, and what you are talking about owing wages is a civil labor dispute, and it is not under the jurisdiction of ** at all.
Go to the labor department to apply for labor arbitration, or go to the court to file a lawsuit.
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If the two parties fail to negotiate or have a labor dispute, you can go to the labor bureau to complain or apply for arbitration.
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If the boss is in arrears for more than 90 days, he can apply for arbitration at the local labor arbitration authority to protect his rights. Asking for arrears of wages, it is useless to call the police, ** is only responsible for criminal cases.
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If the really good boss is in arrears for two days and does not pay the medicine, and if he does not give you 40, you will go to the labor bureau to sue him, and we don't need to call the police, just ask the salary back.
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It is also useful for the boss to report to the police in arrears of wages, but it is too slow, you can go to the labor bureau to complain, and it will be processed faster if there is evidence.
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It is useful to call the police, who will ask the reason for the matter and then ask you to go to the labor bureau for arbitration or to file a lawsuit in court, provided that you prepare sufficient evidence.
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If the boss reports to the police in arrears of wages, the police will only coordinate a solution for you, and it is best to find the local labor inspection brigade. If the labor inspection brigade can't solve the problem, you can only go to labor arbitration and take legal means in accordance with the requirements of labor arbitration.
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If the boss is in arrears of wages, if you choose to call the police, it is not useless, but even if the police come to the scene, it may be recommended that both parties go to the relevant departments for coordination, or go to the court to sue the boss.
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If it is useless, you can call 12333, you can go to human resources management to complain, or go to the people's court to sue.
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There is a little bit of use to scare him, but the main thing is that you take the contract and go to the local labor arbitration
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It is not under the jurisdiction of the police. However, after calling the police, most of them will help you mediate.
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report to the labor and social security administrative department; initiating arbitration; If the person is not satisfied with the arbitration result, he can sue Jian Lao, and if the arrears of wages constitute a crime, he can report to the police; If a crime is not constituted, the worker may claim wages through the following methods: complain to the administrative department of Labor Trembling; apply for mediation with a mediation organization; Apply to the Labor Dispute Arbitration Commission for arbitration; Other.
Article 5 of the Labor Dispute Mediation and Arbitration Law provides that in the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or fail to perform their duties 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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Summary. Dear, good owner. The boss is in arrears of wages and the police are useful.
If the employer still fails to pay the wages after being notified by the labor bureau, it may report to the police and accuse the boss of the crime of refusing to pay labor remuneration and request that he be investigated for criminal responsibility. "If an employer deducts or defaults on the wages of the workers without reason, in addition to paying the wages and remunerations of the workers in full within the prescribed time, it shall also pay an additional economic compensation equivalent to 25% of the wages and remunerations", and "if the employer deducts or defaults on the wages of the workers without reason, and infringes upon the legitimate rights and interests of the workers, it shall order the payment of wages and remuneration and economic compensation to the workers, and may order the payment of compensation to the workers at a rate equivalent to 1 to 5 times the total amount of wages and remuneration and economic compensation paid to the workers".
Dear, good owner. The boss is in arrears of wages and the police are useful. If the employer still fails to pay the wages after being notified by the labor bureau, it may report to the police and accuse the boss of the crime of refusing to pay labor remuneration and request that he be investigated for criminal responsibility.
If an employer deducts or defaults on the wages of the employee without reason, in addition to paying the employee's wages and remuneration in full within the prescribed time, it shall also pay an additional economic compensation equivalent to 25% of the wages and remuneration", and "if the employer deducts or defaults on the wages of the employee without reason, and infringes upon the legitimate rights and interests of the employee, it shall order the payment of the employee's wages and remuneration and economic compensation, and may also order the payment of the employee's compensation equal to 1 to 5 times the total amount of the wages and remuneration paid to the employee and the economic compensation for the lack of draft".
Legal basis: According to Articles 7, 8 and 9 of the Interim Provisions on Payment of Wages, wages must be paid on the date agreed between 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 wages can be paid on a weekly, daily, and hourly basis if the weekly, daily, and hourly wage system is implemented; For employees who have completed a temporary job or a specific job, the employer shall pay wages to the employee after the completion of the labor task in accordance with the relevant agreement or contract. If both parties terminate or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum within 5 days of the termination or termination of the labor contract.
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