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Send a written document to indicate the request, find the labor bureau for mediation, and then request arbitration, it is best to communicate with the person in charge of the original company in person to solve the problem. If you have a friend who does legal work, you can ask your friend to help you send a lawyer's letter, which is the most effective and easiest way.
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In the event of such wage arrears, they will apply for labor arbitration. Write a labor dispute arbitration application, don't write the above things, just write that I work in the company, and now I am in arrears for one month's wages, just ask for wages. As long as you can prove that you worked for the company, the burden of proof that you paid your salary falls on the company, and he will be liable if he cannot produce evidence to pay you expenses.
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According to 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." In other words, you should be paid on time. However, in the circumstances you have stated, the company has the right to recover from you if you have suffered a loss of property due to your mismanagement, so it is self-help to withhold your wages.
For now, you should first confirm the value of these missing items, and they should pay you more than the value of the salary. If the other party deliberately drags on and does not reconcile with you and does not pay you back wages, you can apply for arbitration and demand payment of wages.
Supplement: The ** of the women's bag is not determined by what your company says, but by the market. If it doesn't work out (it can't be settled), you can sue for wages. As for whether or not they file a lawsuit against you for compensation, that's their business.
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Summary. 1. After the employee goes through the resignation and handover procedures in accordance with the law, the employer must issue a certificate of termination of the labor contract (i.e., the resignation certificate), and the employee's salary, deposit and economic compensation must be settled. The employer shall not arbitrarily deduct or default, and the parties concerned may request settlement when going through the resignation formalities.
Otherwise, the parties concerned can go to the labor bureau to complain or report the employer's violations of laws and regulations.
2. When both parties dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in one lump sum when the labor contract is dissolved or terminated.
3. According to Article 9 of the Interim Provisions on Payment of Wages, when both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.
For example, I leave on March 31, and my salary is usually 15 per month. Will I receive a monthly salary or a half?
Dear, you will receive a month's salary.
The salary is paid on the 15th of each month, and if you leave the company at the end of the month, the salary should be paid in the next month, and it is the full salary of the month of resignation.
1. After the employee goes through the resignation and handover procedures in accordance with the law, the employer must issue a certificate of termination of the labor contract (i.e., the resignation certificate), and the salary, deposit and economic compensation of the employee must be settled at the same time. The employer shall not arbitrarily deduct or default, and the parties concerned may request settlement when going through the resignation formalities. Otherwise, the parties concerned can go to the labor bureau to complain or report the employer's violations of laws and regulations.
2. When both parties dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in one lump sum when the labor contract is dissolved or terminated. 3. According to Article 9 of the Interim Provisions on Payment of Wages, when both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.
4. According to Article 50 of the Labor Contract Law of the People's Republic of China, the employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and shall go through the formalities for the transfer of the file wheel and social insurance relationship for the employee within 15 days. The worker shall, in accordance with the agreement between the two parties, handle the handover of the work of the brigade. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.
The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.
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You have to ask for it yourself, and if you don't give a reason. There is no reason to deliberately fail to file a complaint in arbitration.
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Then you hurry up to the company to ask for it, each company must have company-related documents in this regard, if you don't give it you can complain to the former company.
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Looking for a company, generally speaking, the salary can be paid to you one month after you resign.
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You can look for it in "Labor Law". There are professional laws there to help you out.
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If the employer has deducted or defaulted on wages, it is recommended to report and complain to the local labor inspection brigade with jurisdiction to demand the arrears of wages.
Wage arrears can choose to protect their rights by filing labor arbitration.
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) 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, and (2) The wages of the worker are paid in full and below the local minimum wage standard.
3) Arrange overtime without paying overtime pay.
4) Dissolving or terminating a labor contract and failing to pay economic compensation to the worker in accordance with this Regulation.
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If the company only counts 10 days for you, then probably the company thinks that since you have enjoyed the five days of statutory holidays stipulated by the state, and how many years of service have you had? How many days of marriage leave should I enjoy? If you take five days of marriage leave and only work two days, you can only count 10 working days.
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Therefore, in the optimal case, 19 days' wages should be counted.
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Depending on your situation, the following comments are provided:
1. If you provide labor, the employer shall pay you labor remuneration in accordance with the labor contract;
2. If the employer wants to pay you labor remuneration, you can ask the employer for payment, or directly complain to the labor inspectorate, of course, you can also directly initiate arbitration.
3. If the employer cannot prove that your salary is paid (including the record of your bank card), it will be deemed that the wages have not been paid.
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Hello, the answers to your questions are as follows:
1. It is recommended that you contact the employer firstNegotiationPreferably by sending a written reminder;
2. If the negotiation fails, you can report to the local areaLabor Scouting Brigade complained
3. If none of the above methods work, you can apply to the local labor departmentLabor arbitrationThose who are dissatisfied with the arbitration can also file a lawsuit with the court.
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Negotiation
Entrust a lawyer to issue a lawyer's letter;
apply for arbitration or mediation at the Labor Arbitration Commission, the fee is 10 yuan;
You can entrust me with the consultation.
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Ask the company the reason first; If it is unreasonable, go to labor arbitration.
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