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If there is other evidence, such as the employment contract, bank statement of payroll, etc., it can also be submitted as evidence.
Please refer to the Employment Contract Law
Article 74 The local people's labor administrative departments at or above the county level shall supervise and inspect the following situations in accordance with the law:
1) The employer's formulation of rules and regulations directly related to the vital interests of workers and their implementation;
2) The conclusion and termination of labor contracts between the employer and the employee;
3) The compliance of labor dispatch units and employing units with the relevant provisions on labor dispatch;
4) The employer's compliance with the national regulations on working hours, rest and leave for employees;
5) The employer's payment of labor remuneration as stipulated in the labor contract and the implementation of the minimum wage standard;
6) The employer's participation in various social insurances and payment of social insurance premiums;
7) Other labor inspection matters stipulated by laws and regulations.
Article 75 When carrying out supervision and inspection, the local people's labor administrative department at or above the county level shall have the right to inspect materials related to labor contracts and collective contracts, and shall have the right to conduct on-site inspections of the workplace, and both the employer and the worker shall truthfully provide relevant information and materials.
The staff of the labor administrative department shall present their certificates, exercise their functions and powers in accordance with the law, and enforce the law in a civilized manner.
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If it is a bank transfer, you can go to the bank where the bank card is located to print the transfer record with your ID card.
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.
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There is no pay slip, if the salary is sent by bank card, you can go to the bank and print the statement!
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Find out whether the labor bureau can get the Gongyuan scattered capital root orange Li family according to the specific situation.
If the employer owes the employee's wages, the employee complains to the labor bureau or applies for labor arbitration, and there is a great hope of getting the salary. If wages are not paid in a timely manner, there are two ways to claim wages:
1. Workers can complain to the local labor bureau for labor inspection;
2. You can apply for arbitration at the local labor bureau and demand payment of wages.
If you do not have an employment contract, you can also 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.
The law stipulates that if an employer commits any of the following acts, the labor and social security administrative department shall order the employee 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 within a specified period of time; 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
1. Deducting or defaulting on the wages and remuneration of workers without reason;
2. The wages paid to the workers are lower than the local minimum wage standard;
3. The termination of the labor contract fails to give the employee economic compensation in accordance with the law.
Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes
Article 2 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 disturbance of the termination of the labor contract;
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.;
6) Other labor disputes as stipulated by laws and regulations. Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform 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.
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Summary. In general, in the event of a labor dispute, it is recommended to negotiate privately with the other party first to resolve the problem with the highest efficiency. However, if the negotiation fails, you can file a complaint with the labor bureau or other labor administrative departments; If the complaint still does not achieve the effect of rights protection, it may further apply for labor arbitration, and if it is not satisfied with the arbitration result, it may also unilaterally file a civil lawsuit.
It should be noted that no matter which method of rights protection is adopted, the relevant evidence must be kept well first, so as to better protect your legitimate rights and interests.
Is it useful to go to the labor bureau to complain without a pay slip?
Hello, I'm your dedicated Q&A lawyer and I'm happy to serve you.
Is it useful to go to the labor bureau to complain without a pay slip? :
First of all, you should go to the labor bureau in the city where you are located to file a complaint against your company, and the labor inspection brigade will file a case and leave your basic information. Then go to your company to investigate and find out that the matter is true, they will come forward to mediate, and warn you that the company's behavior has violated the labor law, and they will enforce it if they encounter a company that refuses to implement it.
OK. Oh! Thank you!
Okay, you're welcome.
In general, in the event of a labor dispute, it is recommended to negotiate privately with the other party first to resolve the problem with the highest efficiency. However, if the negotiation fails, you can file a complaint with the labor bureau or other labor administrative departments; If the complaint still does not achieve the effect of rights protection, it may further apply for labor arbitration, and if it is not satisfied with the arbitration result, it may also unilaterally file a civil lawsuit. It should be noted that no matter which method of rights protection is adopted, the relevant evidence must be kept well first, so as to better protect your legitimate rights and interests.
This is the end of the consultation here, if you have other legal issues here, you can click on my avatar to follow, so that you can conduct targeted consultation in the future, I hope your problem can be solved smoothly as soon as possible!
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1. Is it useful to find the Labor Bureau if you don't pay wages? The answer is useful
In accordance with the Labor Contract Law of the People's Republic of China
Article 80: If the rules and regulations of an employer directly related to the vital interests of workers violate the provisions of laws and regulations, the labor administrative department shall order it to make corrections and give it a warning; If any damage is caused to the worker, he shall be liable for compensation.
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 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
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.
2. Legal liability of the employer for arrears of wages
The labor administrative department shall order the payment of 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 payableIf the employer is in arrears of wages without reason, the employee may also be forced to terminate the labor contract and request the company to pay economic compensation. You can mail a written notice of forced termination of the labor contract to the company, and then file a labor arbitration to claim that the company should pay you one month's salary per year according to the length of service.
3. What should the employee do if the employer is in arrears of wages?
The employer is in arrears of wages and remuneration to the employee, which violates the Labor Contract Law and other relevant laws and regulations. According to the law, the employee has the right to lodge a complaint with the labor and social security administrative department, which shall order the employer to pay the employee's wages and remuneration within a time limit. If the payment is not made within the time limit, the enterprise shall be ordered to pay additional compensation to the employee according to the standard of 50% to less than 1 time of the amount payable.
In addition, the employee may file a labor dispute arbitration with the Labor Dispute Arbitration Commission to demand payment of arrears of wages and remuneration, and at the same time, the employee has the right to terminate the labor contract and request the employer to pay economic compensation (the economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the employer). where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
Eligible workers may apply for legal aid from the Legal Aid Center.
If readers or other workers encounter wage arrears, they must not panic, but can take up the law to defend their rights, and they must ask for wages. If you need help and want to solve legal knowledge and related problems, but you can't do it yourself. You can find excellent professional lawyers here to defend your rights.
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The way to solve the problem of arrears of wages is to call ** to 12333 to file a complaint or report or apply to the people's court for compulsory enforcement. The amount of time it takes to get the money in the arbitration of arrears of wages needs to be determined according to the progress of the case and the degree of cooperation of the employer.
The way to solve the problem of arrears of wages is to call ** to 12333 to file a complaint or report or apply to the people's court for compulsory enforcement. The amount of time it takes to get the money in the arbitration of arrears of wages needs to be determined according to the progress of the case and the degree of cooperation of the employer.
1. What should I do if the Labor Bureau does not solve the arrears of wages?
The solution to the non-resolution of the arrears of wages by the Labor Bureau is to suggest that the parties file labor arbitration or file a lawsuit directly. Workers who are in arrears of wages, do not pay wages, or deduct wages can call 12333** to complain, which is a buried friend of the Human Resources and Social Security Bureau**. You can also file a complaint with the labor inspection brigade, which will order the employer to pay wages, and if the labor inspection brigade fails to coordinate, the worker can apply for labor arbitration.
Remind you that if you refuse to enforce a labor arbitration award, you can apply to the court for enforcement.
2. How long does it take to get the money for the arbitration of arrears of wages?
Labor arbitration cases need to be concluded within 45 days, and the longest time shall not exceed 60 days, and the specific time to get the money depends on the degree of cooperation of the employer. The claimant shall submit a written claim for arbitration and submit copies according to the number of respondents. The application should contain the statutory contents, including:
1.The name, gender, age, occupation, place of work and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;
2.the claim for arbitration and the facts and reasons on which it is based;
3.Evidence and evidence**, names and residences of witnesses.
3. How to report wage arrears to the Labor Bureau
1.Procedures for reporting wage arrears to the Labor Bureau:
1) Report to the labor administrative department, usually the labor management inspection brigade.
(2) It is also possible to apply directly for arbitration.
3) If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.
4) In accordance with the provisions of the state, in the case of arbitration or litigation, in addition to the full payment of the employee's wages and remuneration within the prescribed time, an additional economic compensation equivalent to 25% of the wages and remuneration shall be paid.
2.Prepare the following materials:
1) Labor dispute complaint in triplicate;
Zhengqin (2) Go to the Industrial and Commercial Bureau to inquire about the company's industrial and commercial registration information;
3) A copy of the applicant's ID card;
4) Make copies of evidence materials in triplicate, such as labor contracts or agreements, pay stubs, work badges, clock-in records, witness testimony of colleagues, etc.
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To go to the labor bureau to ask for wages, you need to bring the following information:
1. Wage payment vouchers or records or employee payroll rosters;
2. Records of payment of various social insurance premiums;
3. The work permit issued by the employer to the employee;
4. Service certificate and other documents that can prove identity;
5. Recruitment registration form of the employer filled in by the worker;
6. Recruitment records and attendance records such as registration forms;
7. Testimony of other workers, etc.
Wages refer to the remuneration paid by the employer or statutory employer to the employee in the form of money in accordance with the law or industry regulations or according to the agreement between the employer and the employee, and the salary can be calculated in different forms such as hourly salary, monthly salary, annual salary, etc.
The following expenses borne by the employer or paid to the employee are not considered wages:
1. Social insurance premiums;
2. Labor protection fees;
3. Welfare expenses;
4. One-time compensation paid when the labor relationship is terminated;
5. Family planning expenses;
6. Expenses that do not belong to wages.
Wages refer to a series of system regulations such as wage grades, wage standards, grading upgrades, wage adjustments, payment forms, etc., which are predetermined for employees on the basis of a comprehensive assessment of the potential form of labor of employees and combined with the positions or positions held by employees, and are used as a basis for the actual payment of wages after labor.
Summing up the practical experience, the basic wage system generally includes the post skill wage system, the base grade wage system, the post wage system, the post grade wage system, the post grade wage system, the multi-structure wage system and the salary point wage system.
The wage standard stipulated in the basic wage system is only the remuneration paid for the fixed amount of labor provided by the employees, and when the wages are actually paid, they must be cashed out in different forms of payment in a floating manner after assessing the amount of labor actually provided by the employees, and when the employees provide excess labor on top of the fixed amount of labor, in addition to the wages, they should also pay the remuneration for the excess labor, that is, the bonus, and when they fail to complete the fixed amount of labor, the corresponding part of the wages should be deducted.
[Legal basis].
Interim Provisions on Payment of Wages".
Article 18 Labor administrative departments at all levels have the right 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.
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