What should I do if my wages are withheld without reason

The law stipulates that you can leave after 30 days' written notice to the employer, regardless of whether he agrees or not. If you don't sign a written labor contract within one month, you will be paid double wages. If you are in arrears of wages, you should file a complaint with the local labor and social security inspectorate.

Or go to your local court to apply for a payment order. The following are the relevant legal bases: Article 82 of the Labor Contract Law: If an employer fails to conclude a written labor contract with an 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.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded. 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.

When you go to your local labor and social security inspectorate to file a complaint or go to court to apply for a payment order, remember to bring sufficient evidence. Such as the company's detailed name, address, and the name of the main person in charge or legal representative. And do you have any relevant evidence that you have worked in the company (such as contracts, work clothes, work permits, shift schedules, payslips, etc.) I hope these can help you

Have you submitted a written resignation request? If you don't have one, you should submit a copy first. Then talk to your boss:

1. The company has not signed a labor contract with you, and has violated the labor contract law, and the company must pay you double the salary. 2. It is also illegal for the company to fail to pay you wages on time; 3. The company must give you 30 days after you submit a written resignation application. No more complaints to the Labor Bureau against your company.

Legal analysis: If the company deducts work and destroys capital for no reason, it can negotiate with the company, and if the negotiation fails, it can file a complaint with the labor administrative department.

Legal basis: Hu Fushen: "Labor Dispute Mediation and Arbitration Law of the People's Republic of China" Article 9 If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with law.

The employee may apply for labor arbitration to require the employer to pay the deducted wages and the wages that have not been paid in full during the period of suspension of work. How to apply for labor arbitration: 1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration

2 copies of the application for arbitration and 1 copy of the applicant's ID card; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing). 2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court; 3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit. Level 10 Work-related injury insurance benefits The main compensation is:

Medical expenses, one-time disability allowance (7 months' salary), one-time employment allowance (determined according to the work-related injury regulations of the province where the employee is located, and received at the time of termination of the labor relationship), one-time medical allowance (determined according to the work-related injury regulations of the province where the employee is located, and received when the labor relationship is terminated), salary for the period of suspension of work with pay (determined according to the notice of conclusion of the labor ability appraisal), food allowance, nursing expenses, transportation expenses, etc. According to Article 37 of the Regulations on Work-related Injury Insurance and the regulations on work-related injury insurance of the province where the worker is located. Article 37 Employees who are assessed as having a disability of grade 7 to 10 due to work-related disability shall enjoy the following benefits:

1) From work-related injury insurance** a one-time disability subsidy shall be paid according to the level of disability, and the standard is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months of prosthetic limb for grade 9 disability, and 7 months' salary for grade 10 disability; (2) If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance** shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Article 50 of the Labor Law of the People's Republic of China stipulates that wages shall be paid to the workers themselves in the form of money on a monthly basis. No reduction or unjustified arrears of wages shall be allowed for workers. Article 15 of the Interim Provisions on Payment of Wages stipulates that users may not deduct workers' wages.

The user must unconditionally pay all wages to the employee in accordance with the standards stipulated in the statutory or labor contract, and shall not deduct it under any form of pretext. If there is a deduction, it is an illegal act. For the employer's illegal act of deducting wages without reason, the employee may take the following measures:

1. If you file a complaint with the labor and social security administrative department (labor inspection brigade), and the labor inspection brigade will order you to pay within a time limit, and if you do not pay your forelimbs within the time limit, you may request additional compensation, and the compensation standard shall be between 50% and 100% of the amount payable. 2. Apply to the labor dispute arbitration commission at the place where the employer is located or the place where the labor contract is performed for labor arbitration on the grounds of failure to pay wages in full and on time, and request the termination of the labor relationship and the payment of wages and economic compensation.

If you still want to maintain the employment relationship, you can only ask for payment of wages.

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.

Interim Provisions on Payment of Wages".

Article 15 An employer shall not deduct a worker's wages. Under any of the following circumstances, the employer may withhold the employee's wages:

1) Individual income tax withheld and paid by the employer;

2) The various social insurance premiums withheld and paid by the employer that should be borne by the employee;

3) Child support or alimony required to be withheld in court judgments or rulings;

4) Other expenses that may be deducted from the wages of workers as stipulated by laws and regulations.

Article 9 of the Law on Mediation and Arbitration of Labor Disputes stipulates that if an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the employee may file a complaint with the labor administrative department, which shall handle the matter in accordance with the law.

If the employer deducts or defaults on the employee's wages without reason, the employer shall, in addition to paying the employee's wages and remuneration in full within the specified time, pay an additional severance equivalent to 25% of the wages and remuneration according to the relevant policies. Unjustified deduction of wages does not include the following circumstances of wage reduction: (1) which are clearly stipulated in the laws and regulations of the state; (2) There are clear provisions in the labor contract signed in accordance with the law; (3) The employer formulates and operates in accordance with the law or has clear regulations in the factory rules and regulations approved by the workers' congress; (4) The total wages of the enterprise are linked to the economic benefits, and when the economic benefits fall, the wages must be lowered (but the wages paid to the workers shall not be lower than the local minimum wage standard); (5) Corresponding reduction of wages due to personal leave, etc.

The employer shall pay the labor remuneration to the employee in full and in a timely manner in the form of money on a monthly basis, and shall not deduct or delay the employee's wages without reason. If the employer does not pay the employee's wages in accordance with the law, the employee may bring his/her ID card and proof of the existence of an employment relationship with the employer (e.g., labor contract, salary slip, employment form, job search form, work permit, attendance record, etc.) to the labor and social security supervision department at the same level as the employer's industrial and commercial registration.

Legal basis] Article 15 of Interpretation I on the Application of Law in Labor Dispute Cases.

In any of the following circumstances, if the employer compels the employee to terminate the labor contract, the employer shall pay the labor remuneration and economic compensation to the employee, and may pay compensation: (1) Forced labor by means of violence, threat or illegal restriction of personal freedom; (2) Failing to pay labor remuneration or provide labor conditions in accordance with the provisions of the labor contract; (3) Deducting or defaulting on the wages of workers without reason; (4) Refusal to pay wages and remuneration for extended working hours; (5) Paying wages to workers below the local minimum wage standard.

Legal analysis: first find the company's HR colleagues to understand the reason, as the saying goes, know yourself and know your opponent, win all battles, even if you plan to get the money back from the boss, you must have enough evidence and information. Therefore, you can find out the situation with HR colleagues in private, whether it has been this for a long time or whether the company has been operating poorly recently.

Although it is wrong for the boss to deduct the employee's salary for various reasons, there may be some internal reasons that we don't know. Find out more.

Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

1. Unreasonable and illegal.

2. The employer has the right to require the employer to pay the due labor remuneration and filial piety, and may request the payment of 25% of the total salary income due to the employer for economic compensation or compensation; If a complaint is filed with the labor bureau or other department, the competent labor department may, after ascertaining the facts, order the employer to pay compensation of 50% to 100% of the wage payable in accordance with the law;

3.The legal basis can be found at:

1) Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts issued by the Ministry of Labor stipulates that "if an employer deducts or defaults on the wages of an employee without reason, in addition to paying the employee's wages and remuneration in full within the specified time, it shall also pay an additional economic compensation equivalent to 25% of the wages and remuneration." ”

2) Measures for Administrative Punishment for Violation of the Labor Law of the People's Republic of China.

If an employer deducts or defaults on the employee's wages without reason, infringing upon the legitimate rights and interests of the employee, it shall order the employee to pay the employee's wages and remuneration and economic compensation, and may also order the employee to pay compensation equal to 1 to 5 times the total amount of the wages and remuneration and economic compensation paid to the employee. ”

3) The Measures for Compensation for Violation of the Provisions of the Labor Law on Labor Contracts stipulates that: "If an employer fails to terminate a labor contract in accordance with the conditions stipulated in the Labor Law or deliberately delays the conclusion of the labor contract, that is, deliberately fails to conclude the labor contract in accordance with the provisions after recruitment, causing damage to the employee, it shall compensate the employee for the loss ......."If the loss of the employee's wage income is caused, the employee shall be paid according to the employee's own salary income, and 25% of the salary income shall be compensated. ”

4) The People's Republic of China.

Article 85 of the Labor Contract Law of the People's Republic of China: If an employer wantonly excites 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; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employee fails to pay the socks within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of not less than 50% but not more than 100% of the amount payable: 1) Failure 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 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.