What should I do if the salary is not settled and the salary is not settled?

1. The easiest way is to file a complaint with the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the "Labor Security Supervision Regulations" and order it to pay the arrears of wages. 2. According to Article 30 of the Labor Contract Law, if the employer is in arrears or fails to pay the labor remuneration in full, the employee 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. 3. Apply for labor arbitration (no fee) to the local labor administrative department, when arbitrating, you can try to collect some relevant evidence (a work permit is enough), which is conducive to ruling, and it doesn't matter if you don't, labor dispute cases, according to the relevant laws and regulations of the state, the burden of proof is mainly on the employer, and the employer will be ordered to show relevant evidence, you don't have to worry.

4. If the arbitration is not accepted or the award is unfair, a civil lawsuit can be filed with the court within 15 days, and the court will make a judgment for enforcement. 5. While claiming wages in the above ways, you can also request the employer to pay you additional compensation according to the standard of 50% to 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law.

The company violated the relevant provisions of the Labor Contract Law of the People's Republic of China. Labor Contract Law of the People's Republic of China Article 9 When an employer recruits a worker, it shall not seize the worker's resident identity card and other documents, and shall not require the worker to provide a guarantee or collect property from the worker in any other name. Article 84 Where an employer violates the provisions of this Law by seizing a worker's resident identity card or other documents, the labor administrative department shall order the worker to return the worker within a specified period of time and impose a penalty in accordance with the relevant laws and regulations.

If an employer violates the provisions of this Law by collecting property from a worker in the name of guarantee or other means, the labor administrative department shall order the worker to return it within a specified period of time and impose a fine of not less than RMB 500 but not more than RMB 2,000 per person; If any damage is caused to the worker, he shall be liable for compensation.

Legal analysis: If the company does not pay the settlement salary, it can be dealt with as follows: 1. Negotiate and settle.

2. Report to the labor administrative department (usually the labor inspection brigade of the district where the unit is located). If the company fails to pay the employee's wages on time, the employee may terminate the labor contract at any time and immediately require the company to pay the employee's arrears of wages and 25% of the arrears of wages as economic compensation. 3. You can also apply for arbitration directly.

Legal basis: 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) Deducting or arrears of wages for workers without reason, 2) refusing to pay wages for extended working hours, and 3) paying wages to workers below the local minimum wage. The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

1. If the salary is not settled after resignation, the worker can negotiate with the land-burying unit; If the negotiation fails, you can go to the labor bureau to complain, and the labor bureau will order the unit to pay in time; If they are not satisfied with the outcome of the complaint, they may apply for mediation or arbitration in accordance with the law; If they are not satisfied with the arbitration result, they may file a lawsuit in a timely manner.

2. The employee and the employer directly negotiate on the issue of wage settlement, which is not a necessary procedure, and the two parties can negotiate or not, completely out of voluntariness.

3. If the employer refuses to negotiate or the negotiation does not reach an agreement, the worker may file a complaint with the Labor Inspection Bureau.

4. If you are not satisfied with the result of the complaint, you can also apply to the Labor Dispute Mediation Committee for mediation.

Application period: When a party applies for mediation, it shall submit an application to the mediation committee orally or in writing within 30 days from the date on which it knows or should know that its rights have been infringed, and fill in the Application for Labor Dispute Mediation.

5. You can also apply for arbitration at the local labor and personnel dispute arbitration commission and ask for payment of wages.

Materials to be submitted for arbitration:

1) If the applicant is a worker:

1) Application for Labor Arbitration;

2) A copy of the applicant's identity certificate;

3) If there is a person who entrusts **, it is necessary to submit a "Power of Attorney" to indicate the matters to be entrusted; If the entrusting citizen ** shall also submit a copy of the ID card of the entrusting person;

4) The respondent's industrial and commercial registration information;

5) Materials proving that the liquid elimination chamber is in the labor relationship, such as: labor contract, work permit, salary schedule, etc.

II).If there are more than 10 claimants and there is a joint request, they may nominate representatives to participate in the arbitration.

(3) If the applicant is an employer, please submit the following materials:

1) A copy of the Business License (photocopy).

2) Certificate of Identity of Legal Representative (Main Person-in-charge).

3) If there is a person who entrusts **, it is necessary to submit a "Power of Attorney" to indicate the matters to be entrusted;

4) Evidence with a list of evidence.

6. A party dissatisfied with the award of the Labor Dispute Arbitration Commission may file a lawsuit with the people's court.

Competent court: Labor dispute cases shall be under the jurisdiction of the basic people's court at the place where the employer is located or where the labor contract is performed, and if the performance of the labor contract is not clear, the basic people's court at the place where the employer is located shall have jurisdiction.

Evidentiary materials: 1. Indictment;

2. A copy of the plaintiff's ID card or business license of the enterprise and the identity certificate of the legal representative;

3. Evidence to prove the existence of labor disputes.

Legal Analysis: If the employer is aware of the arrears of wages without reason, the employee may be forced to resign on the grounds that the employer is in arrears of wages without reason, and require the employer to pay severance according to the wage standard of one month for each full year of work.

Legal basis: Labor Contract Law of the People's Republic of China Article 20 The salary of an employee during the probationary period shall not be lower than 80% of the minimum wage of the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.

Legal Analysis: If the employer defaults on wages without reason, the employee may be forced to resign on the grounds that the employer is in arrears of wages without reason, and require the employer to pay economic compensation according to the wage standard of one month for each full year.

Legal basis: Labor Contract Law of the People's Republic of China Article 20 The salary of a worker during the probationary period shall not be less than 80% of the minimum wage of the same position in the employer or the salary agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.

Employees who do not settle their wages can directly report to the local labor inspection department, and the labor inspection department will punish them, and require the employer to pay wages and give compensation.

You can go to the local Human Resources and Social Security Bureau Labor Dispute Arbitration Committee to apply for arbitration and ask for payment of wages. If you do not have an employment contract, you can demand double the wages of the non-employment contract. If the termination of the labor relationship is based on arrears of wages, you can also request the payment of severance payments.

In addition to wages, it is also possible to claim financial compensation , double wages, etc., and it can generally be finally resolved; Applying for labor arbitration is a labor lawsuit, which has a slightly more procedure and requires professional guidance.

When the employment relationship is terminated, the employer shall pay the employee's wages in a lump sum. If the employer fails to pay, the worker may file a complaint with the labor inspection brigade of the labor and social security administrative department, and the labor inspection brigade shall order the employee to pay within a time limit. In accordance with the provisions of laws and regulations, if the employer has any of the following circumstances, the labor administrative department shall order the employer to pay the labor remuneration, overtime pay or economic compensation within a time limit = if the labor remuneration is lower than the local minimum wage standard, it shall pay the difference in the amount of the employer and the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 100% of the amount payable

1. Failure to pay the labor remuneration of the employee in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2. The wages of workers are paid lower than the local minimum wage standard in Lazhong;

3. Arrange overtime without paying overtime pay;

4. Dissolving or terminating the labor contract and failing to pay economic compensation to the employee in accordance with these regulations.

Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 9 Where an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears in arrears in medical expenses, economic compensation, or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle the matter according to law.

Labor Law of the People's Republic of China

Article 50 Wages shall be paid to the laborers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Article 30 of the Contract Law of the People's Republic of China on Demolition of the People's Republic of China If an employer is in arrears or fails to pay 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 and issue a payment order in accordance with the law.