The private sector is in arrears of wages and wants to leave the job, but how can I ask for wages?

If the employer has deducted or defaulted on wages, it is recommended to report and complain to the local labor inspection brigade with jurisdiction to demand the arrears of wages.

Wage arrears can choose to protect their rights by filing labor arbitration.

Article 85 In any of the following circumstances, the labor administrative department shall order the 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) Failure 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) Pay wages to workers below the local minimum wage.

3) Arrange overtime without paying overtime pay.

4) Dissolving or terminating a labor contract and failing to pay economic compensation to the worker in accordance with this Regulation.

Your evidence is too small to be supported in applying for labor arbitration; It is advisable to lodge a complaint with the Labour Inspection Brigade.

Do you have a contract? If there is, it can be used as evidence. If there is no labor arbitration, the employer is obliged to provide it, or the person from the same unit testifies, don't be afraid, go to labor arbitration.

It is recommended to apply for labor arbitration directly at the labor bureau, and the burden of proof on whether wages are paid on time lies with the employer.

After resignation, the original company can claim the arrears of wages through arbitration or litigation negotiation.

1. Confirm the facts of the labor relationship with the unit, such as payroll, attendance records, and documents in the process of work.

2. After confirming the labor relationship, you can negotiate with the boss and ask the employer to pay back wages for the illegal behavior of the unit in arrears of wages.

3. If the negotiation fails, bring the relevant materials to the labor bureau to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration.

Complaints about wage arrears or wage arrears should be addressed to the Labor Bureau or the Labor Arbitration Commission.

If you feel troublesome or still unresolved or the amount of arrears of wages is relatively large, you can directly ask a lawyer to file a lawsuit and get back the arrears of wages through litigation. If wages are paid beyond the date agreed upon by both parties or unilaterally decided by both parties without reason, or if wages are not paid in full without exceeding the prescribed date, they are in arrears of wages and violate the provisions of the above-mentioned labor laws and regulations.

1. What are the rules for arrears of wages?

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 remuneration and economic compensation for the employee's bad wages, 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) After the termination of the labor contract, the employee is not given economic compensation in accordance with the regulations.

If wages are paid beyond the date agreed upon by both parties or unilaterally decided by both parties without reason, or if wages are not paid in full without exceeding the prescribed date, they are in arrears of wages and violate the provisions of the above-mentioned labor laws and regulations.

If you resign, you must also complete the liquidation of your wages, and you must not be in arrears of wages.

It doesn't matter if you don't sign a contract, and the employer doesn't sign a contract with you, it's illegal in itself, as long as you can show evidence to prove the labor relationship between you and the employer, such as asking a worker to testify, or the employer pays you a salary to bury the certificate, the employer's work permit, etc., as long as you can prove the labor relationship between you and the employer.

You first go to the Shenmao Labor Bureau to file a lawsuit and ask for your wages, and the Labor Bureau will generally order the other party to pay your wages. If the other party still does not pay, you can only apply for a labor arbitration and apply to the local labor arbitration commission for labor arbitration, and ask the employer to pay wages and economic compensation. If the arbitration result is out and you are not satisfied, you can file a labor lawsuit.

For arbitration and litigation, the time is generally relatively long, so it is better not to go to arbitration until the end, try to negotiate with the other party or solve it through the labor bureau, and when there is really no way, you can only go to arbitration.

From a legal point of view, if it is illegal for an employer to default on the employee's wages, the employee can first negotiate with the employer to resolve the problem of your salary in accordance with the agreement on labor prudence or filial piety.

You don't have to be afraid. As long as you submit your resignation in writing one month in advance in accordance with the normal regulations, and if you leave the unit after one month and do not pay your salary, you can go to the labor inspection brigade to complain or apply for arbitration, and your lawful income will be protected.

Hello, what is the stipulation in the labor contract you signed at that time, if the agreement clearly stipulates that you will resign cautiously in advance and do not enjoy any treatment and salary of the unit's silver belt, then you can only follow the agreement.

If the employer has started recommending the company, it proves that there has been a problem with the operation, and it is no problem to resign. Chong Chi Regarding the rough jujube problem that you are worried about not paying for work, if this situation really occurs, you can go to the local labor arbitration department to apply for arbitration, and you will definitely win the case.

If the employer is in arrears of wages, it may apply to the local labor dispute arbitration authority for arbitration. If you do not have a labor contract, you can provide payroll, attendance records or work clothes, etc., which can prove that you work in the unit.

If the employer does not pay wages after resigning, you can apply for a labor president at the labor inspection brigade of the local human resources and social security bureau.

Labor arbitration may be initiated in accordance with the provisions of the Labor Contract Law to recover wages.

In the case of arrears of wages, you can terminate the employment contract and ask the employer to pay you financial compensation. If you want to resign, you first need to submit a written notice of termination of the labor contract (or a letter of resignation) to the employer, stating that the employer has not paid wages in full and in a timely manner, and that the employer should pay the arrears of wages and pay you the compensation you are entitled to. If the unit refuses to sign for it, you can send one copy to the unit by courier, leaving the courier as evidence that you have delivered it in writing.

Labor Contract Law of the People's Republic of China

Article 85.

In any of the following circumstances, the labor administrative department shall order the employer 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 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.

Labor Contract Law of the People's Republic of China

Article 38.

The employee may terminate the labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract.

2) Failure to pay labor remuneration in full and in a timely manner.

Report to your local labor inspectorate. or submit an application for arbitration to the Arbitration Commission.

Apply for labor arbitration. General arbitration can be resolved, and if it doesn't work, it will be sued in court!