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Labor disputes are civil disputes, and no one can be arrested.
Wages are paid monthly, and it is illegal to pay them every other month, and it is legal to pay this month's wages next month. Workers who are in arrears of wages, do not pay wages, or deduct wages can call 12333** to complain, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint with the inspection brigade of the local labor bureau.
If the company fails to pay labor remuneration on time, the employee can resign and ask for financial compensation. The worker may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages. If the labor arbitration award is refused to be enforced, it may apply to the court for compulsory enforcement.
Article 85 of the Labor Contract Law: 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.
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After the judgment takes effect, you should go to the people's court to apply for compulsory enforcement.
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Hello, you can either complain to the labor inspection brigade or apply to the arbitration commission for labor arbitration, and report directly to the public security department and the case will not be filed.
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1. If the employer is in arrears of wages, it can file a complaint with the labor inspection department where the employer is located, or it can directly apply for labor arbitration, which is acceptable. 2. The police may help mediation, or may inform the arbitration department to apply for rights protection.
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Wage arrears are reported to the Labour Inspection Brigade and demanded payment of wages. Applying for arbitration is relatively slow, arbitration is a judicial procedure, and it may take the first instance and the second instance before the final trial. If the public security organ will not file a case, the criminal law stipulates that it is an escape in arrears of wages, and this condition must be met.
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Of course, if you report to the labor inspection brigade and have a salary dispute with the unit, you must apply to the arbitration commission for labor arbitration.
In general, if you go to the labor bureau, someone will receive you.
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The Public Security Brigade of the Public Security Bureau not only has the power to arrest people when performing its duties, but also has the power to detain and punish those who violate the Public Security Punishment Law.
Referring to article 82 of the "Public Security Administration Punishment Law of the People's Republic of China", where it is necessary to summon a person who violated the administration of public security to be investigated, a summons warrant is to be used with the approval of the responsible person for the case-handling department of the public security organ. People's police may orally summon violators of the administration of public security discovered at the scene upon presentation of their work identification, but this shall be noted in the interrogation record.
The public security organs shall inform the summoned person of the reasons and basis for the summons. A person who does not accept a summons without a legitimate reason or evades a summons may be compulsorily summoned.
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There is no right to arrest people at will, but the police can take people to the public security organs for questioning and examination.
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To be honest, it's too slow to sign in and upgrade alone, so I copied this paragraph and replied when I met the post, and I got at least 15 experience for one return, and it can help you not sink into the post!
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First, the company is not just deregistered. If you really want to cancel it, then you must first deal with the company's claims and debts before you can cancel it.
Second, if the company moves away from the original business address, then the company will also be registered by the industrial and commercial department for the change of business premises. Check it out when the time comes.
If the company is really deregistered or moved out, as long as you know where the legal representative and shareholders are. If the company is deregistered, it can recover from the legal representative and shareholders.
Third, the court may directly go to the bank to check the company's account and directly transfer it from the account. If there are insufficient funds in the account, only to see if the company has any movable property (such as cars), real estate and other assets.
Fourth, as for the execution costs incurred, there must be a burden on the person subject to enforcement, and it has nothing to do with you.
Fifth, it is recommended to apply for enforcement as soon as possible, urge the court, and consult the court. And don't let the company's legal representative or shareholders run away, as you said, know the permanent address of the legal representative (note that the court enforces the company's property, and the company is the person subject to execution).
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The court seems to be a little unreliable, I am in the same situation as you, I have gone farther than you, the seal was sealed on New Year's Day, and it expired on March 15, haven't I seen a penny until now? I'm still on my salary from March 2011 to October 2012,. I'm going to collapse if I want a debt.
My 40,000 yuan, wwwwwwwwwwwwwwwwwwww
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As the person subject to execution, you generally don't have to worry about this aspect, at most it is a matter of time.
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If the arbitration decision has been issued, you may apply to the court to enforce it.
When applying for enforcement, you can ask the court to freeze the company's account or seize part of the property.
After the court receives your application for enforcement, it will complete the enforcement within six months.
The enforcement fee shall be borne by the enterprise in accordance with the law.
All you need to do now is apply for execution.
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This has to have a good relationship with the enforcement court.
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Not necessarily, the remedies vary depending on the employment.
1. If you work for an employer, there are two ways to ask for wages:
1. You can go to the local labor bureau to complain about the labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;
2. You can apply for arbitration at the local labor bureau and demand payment of wages. If you do not have an employment contract, you can also demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.
Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.
2. If you are working for an individual, which is not considered an employment relationship, you can directly go to the court to sue the individual boss and demand payment of labor remuneration.
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You can ask the supervision team to help you negotiate salary, or you can mediate first, and then arbitrate if the mediation fails.
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Hello, according to the provisions of China's labor contract law, you can apply for arbitration resolution at the labor dispute arbitration commission!
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Labor disputes can be arbitrated directly.
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Arbitration may be applied directly without a complaint.
Yes, it has an impact.
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