What to do if you don t pay your salary, and how to deal with what to do if you don t pay your salar

Is there an employment contract? If you go to the labor bureau to sue him, now the labor law has been changed.

Article 58 A labor dispatch unit is an employer as used in this Law, and shall perform the obligations of the employer to the workers. In addition to the matters specified in Article 17 of this Law, the labor contract concluded between the labor dispatch unit and the dispatched worker shall also specify the employing unit of the dispatched worker, the dispatch period, the position and other circumstances. The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched worker for a period of more than two years, and pay the labor remuneration on a monthly basis; During the period when the dispatched worker is not working, the labor dispatch unit shall pay him monthly remuneration in accordance with the minimum wage standard stipulated by the local people.

Go to the labor bureau, although there is no labor contract, there is a labor relationship.

As an employee, you can file a complaint with the labor bureau or collect evidence of the existence of an employment relationship between the two parties and apply for labor arbitration. Wages must be paid on the date agreed between the employer and the employee.

Go to the labor and social security department to apply for arbitration.

Sue him at the Labor Arbitration Commission!

Such people must not be spared.

Take up the law of ** to protect yourself.

You can go to your local labor office to sue. It will be resolved soon.

Sue him at the Labor Arbitration Commission!

Such people must not be spared.

50 yuan? It's time to feed the dogs.

50 yuan? When it's time to buy him a wreath, forget it

Legal Analysis: The handling of non-payment of wages is as follows:

1. Local Labor Law Enforcement Supervision Brigade. The easiest way is to file a complaint with the local labor enforcement and inspection team, and they will supervise and inspect the employer in accordance with the "Labor and Social Security Supervision Regulations" in accordance with the law, and order it to pay the arrears of wages. Complaints and reports** Consult the local labor department for details.

2. Local people's courts. 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.

3. Local labor administrative department. The most effective way is to apply for labor arbitration directly to the local labor administrative department, and through the award issued by the labor arbitration, claim compensation from the unit, and if the compensation is not paid, you can apply to the court for enforcement.

Legal basis: Article 5 of the Labor Dispute Arbitration Law of the People's Republic of China In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform the file after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Article 214 of the Civil Procedure Law of the People's Republic of China shall apply to the people's court with jurisdiction for a payment order with a valid certificate of outstanding labor remuneration.

Article 30 of the Labor Contract Law of the People's Republic of China stipulates that if an employer is in arrears or fails to pay 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.

Legal analysis: Because there is no labor contract and no insurance, important evidence to prove the employment relationship is lost. Because first of all, it is necessary to obtain strong evidence of his employment, such as pay slips, work notes at work, and ** at work to prove the existence of the employment relationship.

This is the most important piece of legal evidence.

Legal basis: "Tanpeng Civil Code of the People's Republic of China".

Article 118:Civil entities enjoy creditor's rights in accordance with law. A creditor's right is the right of the obligee to request a specific obligor to do or not to do a certain act due to contract, tort, management without cause, unjust enrichment and other provisions of the law.

Article 119 A contract established in accordance with law shall be legally binding on the parties.

Article 215:Unless otherwise provided by law or otherwise agreed by the parties, a contract concluded between the parties concerning the creation, modification, transfer or extinction of real estate rights shall take effect upon the conclusion of the contract; If the registration of the real right of the brother letter is not completed, the validity of the contract shall not be affected.

Legal analysis: If the employer is in arrears or deducts wages, including the situation that the wages are withheld and not paid after resignation, the employer may go to the labor inspection department where the employer is located to file a complaint.

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. Employees shall not be deducted or owed wages for the work-based reform without reason.

Article 85 The labor administrative departments of the people's ** at or above the county level shall supervise and inspect the employer's compliance with labor laws and regulations in accordance with the law, and have the right to stop and order corrections in violation of labor laws and regulations.

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 the worker 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.

Legal analysis: The company can take the following measures to reduce wages and not pay employees: 1. Report to the labor inspection administrative department; 2. Apply for labor arbitration to the labor arbitration commission; 3. If you are not satisfied with the arbitration result, you shall file a lawsuit in the court within 15 days after obtaining the arbitration award.

Labor Contract Law of the People's Republic of China Article 85 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 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; (2) Paying wages to workers lower than the local minimum wage standard; (3) arranging overtime work without paying the extra mileage; (4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

Legal basis: Article 48 of the Labor Law of the People's Republic of China The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record.

The wages paid by the employer to the employee shall not be lower than the local minimum wage.

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 44 Under any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: if the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) If a worker is arranged to work on a statutory holiday, he shall be paid a wage remuneration of not less than 300% of the wages of the worker.

Legal analysisThe following measures can be taken by the company to reduce wages and not pay employees: 1. Report to the labor inspection administrative department; 2. Apply for labor arbitration to the labor arbitration commission; 3. If you are not satisfied with the arbitration result, you shall file a lawsuit in the court within 15 days after obtaining the arbitration award.

Legal basisArticle 80 of the Labor Contract Law of the People's Republic of China Where 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 time limit; In the case of a quick defense that the labor remuneration is lower than the local minimum wage, 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 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; (2) Paying wages to workers lower than the local minimum wage standard; (3) Arrange 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.

Legal analysisIf the complaint does not reach a satisfactory result, you can further collect relevant evidence and apply for labor arbitration to fully claim more rights. Failure to pay wages can be dealt with in the following ways: (1) Forcing the company to pay wages through a court judgment.

If the employer is in arrears or fails to pay the labor remuneration in full according to the relevant laws, the worker may apply to the local people's court for payment of the order in accordance with the law, and the people's court shall issue a payment order in accordance with the law. In addition, in accordance with the provisions of relevant laws, the unit may also be required to pay additional compensation according to the standard of 50% to 100% of the amount payable. (2) Collect and retain evidence, rely on the labor law enforcement department to solve the problem1, collect evidence of the enterprise's wage arrears, and on the basis of the evidence, complain to the local labor law enforcement inspection brigade, supervise and inspect the employer in accordance with the law, and order it to pay the arrears of wages.

2. Apply for labor arbitration directly to the local labor administrative department, and claim compensation from the unit according to the arbitration result and the award issued, and if the compensation is not paid, you can apply to the court for enforcement.

Legal basisLabor 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.