The salary is not paid, and the salary is deducted 40

If an employer owes an employee wages, the employee has three ways to request payment of wages:

1. Workers can file complaints with the local human resources and social security bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;

2. You can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request payment of wages. If you do not have an employment contract, you can 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.

3. If there is an IOU, you can directly sue the court to demand the payment of the salary amount in the IOU.

Article 2 of the Law on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

Article 50 of the Labor Law Wages shall be paid to the worker himself on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed.

Article 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels 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.

Find the company's leaders to argue with reason, and then go to the labor bureau to sue.

If it's illegal, if you are in Nanchang, you can go to Zigu Road to apply for arbitration, and the hotel can pay you double your salary.

The proprietress has violated labor laws! According to Article 82 of the Labor Law, if an employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, the employer shall pay the employee twice the monthly wage.

If the company fails to pay the employee wages for more than three months, the employee can go to the local labor bureau to complain, and the labor bureau will order the company to pay the wages within a time limit, otherwise the employee will be compensated according to the standard of 50% to 100% of the arrears of wages.

1. How to calculate the standard of compensation for arrears of wages after resignation?

If an employee is owed wages after leaving his or her job, if the employer is ordered by the Labor Bureau to pay the employee within the time limit, there will be compensation, but if there is no compensation, the Labor Bureau may order the employer to pay the employee additional compensation at the rate of 50% to 100% of the amount payable. The worker may file a complaint with the local labor bureau and request the labor administrative department to give him a warning or punishment, and at the same time request the people's court to issue a payment order in accordance with the law.

2. How to deal with the arrears of wages owed by enterprises.

In general, the legal person who is in arrears of wages is not liable. However, if wages are in arrears due to factors or subjective intentions of the legal person, the legal person may be subject to administrative penalties. The labor department may order the employee to pay wages within a time limit, and if the payment is not made within the time limit, the company will be ordered to pay additional compensation to the employee at the rate of 50% to 100% of the amount payable.

If the company evades paying employees' wages by transferring property, evading, etc., or has the ability to pay employees' wages but does not pay them, and the amount is relatively large, but it still refuses to pay wages after being supervised by the relevant authorities, it constitutes the crime of refusing to pay labor remuneration.

3. How to calculate the late payment penalty for the company's arrears of wages.

If the company is not entitled to a penalty for arrears of wages, and the labor administrative department orders the company to pay the unpaid wages within a time limit, the employer shall order the employer to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable. 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.

Article 85 of the Labor Contract Law of the People's Republic of China.

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.

Article 77 of the Labor Law of the People's Republic of China.

In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration, file a lawsuit in accordance with the law, or resolve it through negotiation.

File a complaint with the labor department.

Apply for labor arbitration.

If not, sue your boss.

Here's the evidence to gather.

1. How to determine whether a de facto employment relationship has been formed?

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 employee issued by the employer.

3) Recruitment records such as the "registration form" and "registration form" filled in by the employee.

4) Attendance records.

5) Testimony of other workers, etc.

2. Based on two points:

1) If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. (That is to say, more than 1,000 per month after becoming a regular.) ）

2) If the employee fails to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state, or fails to pay the labor remuneration within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of 50% to 100% of the amount payable.