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According to the provisions of the Labor Law, if the employer fails to pay wages as agreed, the employee may terminate the labor contract at any time. You can report to the local labor department, or you should apply to the local labor arbitration institution for labor arbitration within 60 days after the negotiation fails.
Article 31 of the Labor Law The employee shall notify the employer in writing 30 days in advance of the termination of the labor contract.
Article 32 Under any of the following circumstances, a worker may terminate the labor contract at any time by notifying the employer:
1) During the probationary period;
2) The employer uses violence, threats, or illegal restrictions on personal freedom to force labor;
3) The employer fails to pay labor remuneration or provide labor conditions in accordance with the labor contract.
Article 82 The party making the request for arbitration shall submit a written application to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute. The arbitral award shall normally be rendered within 60 days of receipt of the application for arbitration. If there is no objection to the arbitral award, the parties must perform it.
Article 83 Where a party to a labor dispute is dissatisfied with an arbitral award, it may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. If one party does not file a lawsuit and fails to perform the arbitral award within the statutory time limit, the other party may apply to the people's court for compulsory enforcement.
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You can go to the local labor bureau for labor arbitration.
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Yin him, such as his car, his home,
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Find a relevant** or legal way to solve it.
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Legal Analysis: Unpaid wages can be resolved through negotiation, but negotiation cannot be resolved through arbitration or litigation. Even if there is no labor contract, the worker is compensated for double wages.
If the employer is in arrears of wages, the employee can deal with it through the following channels: if the fact of wage arrears is confirmed, he or she may first file a complaint or report to the local labor inspection brigade and request that it be dealt with in accordance with the law; If the employer still fails to pay within the time limit after the labor inspection brigade has made the payment, it may report to the police to investigate the criminal responsibility of the boss in accordance with the law.
Legal basis: Labor Law of the People's Republic of China
Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Article 91 Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order it 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.
Labor Contract Law of the People's Republic of China
Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, 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 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.
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Summary. Hello, it is a pleasure to serve you.
You can go to the labor office to report him. Apply for labor arbitration.
What should I do if the boss owes wages and does not want to pay the IOU.
Hello, it is a pleasure to serve you. You can go to the labor office to report him. Apply for labor arbitration.
What should I do if the private boss owes money and does not pay the IOU.
What evidence to ask.
It doesn't matter, as long as you can prove an employment relationship with him, even if it is a private boss, you can go to the labor bureau to report him and ask him to pay you wages.
For example, if you have a proof of work with him, some chat logs, or some colleague testimony.
How can the employment relationship be proven.
Some of your usual work cards, pay slips, chat logs.
What if I did it for 40 days, I didn't give any money, and I didn't record it.
Then you have a work permit, or a colleague who works with you.
There is no record of the payment of wages, and there is no recording of the wages at the time.
Yes. Yes, you can't. If you keep this evidence, you can go directly to the labor inspection brigade for labor arbitration and ask him to pay you wages.
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There are three ways for the boss to choose if he owes wages and does not give an IOU:
1. Complain and report to the local labor and social security supervision agency;
2. To apply for arbitration to the local labor dispute arbitration commission, it should be noted that a written application should be submitted to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute;
3. Filing a lawsuit with the people's court where the enterprise is located through litigation. If there is only the fact that wages are owed, you can apply to the court for a payment order to demand payment of wages.
Under normal circumstances, the parties concerned should first file a complaint with the labor inspection department or apply to the labor arbitration commission for arbitration, and only if they still fail to pay after being urged by the labor administrative department to constitute the crime of refusing to pay labor remuneration, so that it will be useful to report to the police. >>>More
You need to keep your monthly pay slips and have sufficient evidence that you work for the company. If you only want to get your 1300 salary back, you don't need to sue, just go directly to the local labor bureau. If you want to be compensated, then you will have to apply for arbitration. >>>More
If you are in arrears of wages, you can call 12333<> to complain, which is the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade. >>>More
Is there any other circumstantial evidence that can prove that you are employed at work, such as WeChat records or QQ chat records, and there is another way, how was the salary in the early stage given to you, and is there a payment record? If it is a company to an individual, it can also be proved. Of course, in this case, it is best to call the local labor bureau ** for consultation. >>>More
Hello! No matter what the case may be, work for a day and get paid for a day, so you can get paid. >>>More