Yiqi Zhang Xiao owes our workers wages

Updated on society 2024-04-02
8 answers
  1. Anonymous users2024-02-07

    Hello

    If it is not handled well, it can be handled by the local labor department, and if it is not handled well, it can be sued in the court where the defendant is located.

    If you do not have an employment contract, you can refer to the following legal provisions

    The Ministry of Labor and Social Affairs issued No. 12 2005 "Notice on Matters Concerning the Establishment of Labor Relations".

    The second track is that if the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

    1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

    2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

    3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;

    4) Attendance records;

    5) Testimony of other workers, etc.

    Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

    Hope it helps.

  2. Anonymous users2024-02-06

    If the employer is in arrears of wages, the employee may file a complaint with the labor inspection department or directly apply to the labor dispute arbitration commission for labor arbitration in accordance with the provisions of the Labor Contract Law and the Regulations on the Payment of Wages with evidence of work.

    Labor Contract Law

    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.

    Regulations on the Payment of Wages

    18.Labor administrative departments at all levels 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.

    19.In the event of a labor dispute between an employee and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with the law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

  3. Anonymous users2024-02-05

    What basis do you have in your hands now? If there is nothing, I advise you to find the boss and ask him to write an IOU to you, and then you can take the IOU and apply for labor arbitration.

  4. Anonymous users2024-02-04

    You should call your local 114** to make an inquiry!

  5. Anonymous users2024-02-03

    According to the actual situation, if a person applies for labor arbitration, the boss will not pay back the wages owed to others. The results of labor arbitration have legal effect only on the parties to the labor arbitration, and have no legal effect on persons other than the parties.

    The relevant laws and regulations stipulate the Law of the People's Republic of China on Labor Arbitration and Mediation

    Article 51: The parties shall perform on legally effective mediation documents or rulings within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for enforcement in accordance with the relevant provisions of the Civil Procedure Law. The people's court accepting the application shall enforce it in accordance with law.

  6. Anonymous users2024-02-02

    If you have already applied for labor arbitration, and the boss is busy selling the store and is about to escape, you can block it and ask the labor department to immediately grant mediation or arbitration.

  7. Anonymous users2024-02-01

    The first step is to collect evidence privately, and the evidence needs to be able to prove the following matters: 1Proof of the existence of an employment relationship between you and the factory (employment contract, pay slips, brand number plates, and other items that can prove that you work for the factory); 2.

    Prove that the factory has wage arrears and that wages have not been paid (e.g., workers' testimonies, wage card transaction details); 3. Prove the specific amount of wages owed by the factory (wage standards, records of working hours and piecework, total arrears of wages, and amount of arrears). After completion, proceed to the second step: negotiate with the company, tell the company how much wages he owes, violate the Labor Law, Labor Contract Law, and demand the company to pay the arrears of wages.

    If the factory still does not pay the arrears of wages, it is the third step, apply to the human resources and social security department for labor arbitration, and if the factory still does not implement the arbitration, it can sue the court! Labor disputes are complicated and time-consuming, so it is best to negotiate and settle them, and if the amount of wages owed is huge, you can ask a lawyer to negotiate on your behalf. You workers can also come forward as a person with a higher level of Chinese, please read the relevant legal provisions before negotiation, inform the other party of what regulations have been violated and what consequences you need to bear during the negotiation, and tell the factory that you have the evidence.

    The key to all work is evidence, and with evidence the problem can be solved. Of course, if the factory is in extremely poor condition and is facing closure, you should keep an eye on the situation at any time to prevent the transfer of assets, and call the police in case of emergency!

  8. Anonymous users2024-01-31

    The deeds of three college students in Guizhou who saved people are very touching.

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