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If the employer deducts or defaults on the employee's wages, the worker may file a complaint with the Labor and Social Security Supervision Brigade against the employer.
When going to the labor inspection brigade to complain, bring your ID card, the full name of the employer, the name and contact information of the person in charge, and relevant evidence that can prove that the worker works in the employer, and the labor and social security inspection brigade will issue a correction within a time limitIf the enforcement is not within the time limit, apply to the court for compulsory enforcement. At the same time, if you fail to make corrections within the time limit, the employee can claim that the employer should pay you 50%-100% of the amount of wages in arrears.
Article 50 of the Labor Law stipulates that wages shall be paid to the workers themselves in the form of money on a monthly basis, and no wages shall be deducted or owed to the workers without reason.
Article 30 of the Labor Contract Law The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner.
Article 9 of the Interim Provisions on Payment of Wages When both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.
Article 85 of the Labor Contract Law If an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a specified period of timeIf 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) Paying wages to workers lower than the local minimum wage standard;
3) Arrange overtime 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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No matter how much wages are owed, chase them back, and don't let any of them go.
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The construction money can be sued to the court, and the salary can be applied for arbitration.
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Go to the labor bureau to file a complaint or apply for labor arbitration. For legal problems, you can search for a legal partner and consult a lawyer to solve them.
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Let's go to the labor arbitration place!
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Of course, it is illegal, and you have the right to defend your rights through legal means.
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If the boss agrees, it is not illegal.
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You do not have the right to do so.
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Migrant workers should urgently gather relevant evidence to defend their rights. If an employer violates the provisions of the Labor Law, the Labor Contract Law, and the Interim Provisions on Payment of Wages to an employee, the migrant worker shall immediately file a written complaint with the local labor and social security inspection brigade and request the labor and social security inspection brigade to handle the matter in accordance with the law. **12333 is the national unified labor and social security supervision agency for consultation, reporting and complaints**.
Article 26 of the Regulations on the Supervision of Labor and Social Security If an employer commits any of the following acts, the administrative department of labor and social security shall order the employer to pay the employee's wages and remuneration, the difference between the employee's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50 to 1 time of the amount payable
deducting or defaulting on the wages and remuneration of workers without reason;
The wages paid to the workers are lower than the local minimum wage;
The termination of the labor contract does not give the employee economic compensation in accordance with the law.
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1. In the case of arrears of wages by the employer, the employee shall first negotiate with the employer, and if the negotiation cannot be resolved, the employee can resolve the matter through the following legal means:
1) Complain and report to the local labor and social security inspection agency;
2) To apply to the local labor dispute arbitration commission for arbitration, 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) Resolve through litigation. This is divided into three situations: first, for labor dispute cases, if any party is dissatisfied after labor arbitration, it can file a lawsuit with the court; Second, if the employer does not enforce the labor arbitration award after the labor arbitration award takes effect, the employee may apply to the court for compulsory enforcement; Third, those who belong to the category of labor arrears can directly file a civil lawsuit with the court.
2. It should be particularly pointed out that when encountering a situation in which rights and interests such as arrears of wages are infringed, we must not resort to radical acts such as climbing buildings and blocking roads, and we must not resort to violent means, and we must rely on legal means to solve the problem. Otherwise, impulsiveness will not only be useless, but may also be held accountable for violating the criminal law.
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From a legal point of view, of course, it is resolved through litigation.
Reflect to the relevant ** department, you also tried, but it didn't work. Other ways are not legal matters, and it is difficult for lawyers to evaluate and analyze.
The above analysis is for reference and needs accurate help, so it is recommended to bring materials to a lawyer for specific communication. After the consultation is completed, please end the consultation with the ** price.
In the information, only the Beijing area is limited to call for consultation, and the field can also be contacted if you have the intention to entrust, please explain the purpose after connecting.
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You can report unpaid wages.
1. Complain to the local labor inspection department, or call **12333.
2. Apply for labor arbitration at the Human Resources and Social Security Bureau.
3. Go to the local people's court to file a lawsuit and apply for a payment order.
In accordance with the Labor Contract Law
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 77 Where the lawful rights and interests of a worker are infringed upon, he or she has the right to request the relevant departments to handle the matter in accordance with law, or to apply for arbitration or file a lawsuit in accordance with 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
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Hello! Search for the future suggests calling ** to their higher-level unit to complain.
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1) Publicize labor security laws, regulations, and rules, and urge employers to implement them;
2) To inspect the employer's compliance with labor security laws, regulations and rules;
3) To accept reports and complaints about violations of labor security laws, regulations or rules;
4) Correct, investigate and deal with violations of labor security laws, regulations or rules in accordance with the law.
Article 11 The administrative departments for labor and social security shall carry out labor security supervision on the following matters:
1) The employer's formulation of internal labor security rules and regulations;
2) The circumstances of the conclusion of a labor contract between the employer and the employee;
3) The employer's compliance with the prohibition of child labor;
4) The employer's compliance with the special labor protection provisions for female employees and juvenile workers;
5) The employer's compliance with the provisions on working hours, rest and vacation;
6) The employer's payment of wages to workers and implementation of the minimum wage standard;
7) The employer's participation in various social insurances and payment of social insurance premiums;
8) Employment agencies, vocational skills training institutions and vocational skills assessment and appraisal institutions comply with the provisions of the State on employment introduction, vocational skills training and vocational skills assessment and appraisal;
9) Other labor security supervision matters stipulated by laws and regulations.
Article 17 The investigation of violations of labor security laws, regulations or rules by the administrative department for labor security shall be completed within 60 working days from the date on which the case is filed; If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.
Article 18 The administrative department for labor security shall, on the basis of the results of investigation and inspection, make the following dispositions with respect to violations of labor security laws, regulations or rules:
1) Where administrative punishments shall be received in accordance with law, make an administrative punishment decision in accordance with law;
2) Where corrections should be made but not corrected, order corrections or make corresponding administrative decisions in accordance with law;
3) Where the circumstances are minor and have already been corrected, withdraw the filing of the case.
If it is discovered that the case of violation is not a labor security supervision matter, it shall be promptly transferred to the relevant department for handling; and where a crime is suspected, it shall be transferred to the judicial organs in accordance with law.
Otherwise, you can also ask a lawyer to help you deal with it. For example, in - l vb a n 365 - you can find a legal person in your area.
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Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts, please see my personal post for details.
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