If you don t get paid to work, ask a lawyer

Since you have not signed an employment contract, you must prove that you have an employment relationship with the employer, or you can find two witnesses. Otherwise, it will be difficult to protect your rights and interests.

If you have not signed a labor contract, the employer shall pay you double your salary, make up social insurance, and pay economic compensation for the termination of the labor relationship (see Article 1 of the Labor Contract Law and Article 1 of the Regulations for the Implementation of the Labor Contract Law for details). The key point is evidence, which requires evidence that you have an employment relationship with the employer. As for the amount of time worked, the principle of "reversal of the burden of proof" can be used, and it will be issued by the employer at the time of arbitration or litigation, because everyone who works in a place should fill out an entry form.

This also proves your working hours, you also have to sign your salary, and the payroll form should also be issued by the employer, which proves your monthly income status.

Reversal of the burden of proof" is widespread in the field of labor law. Article 1 of the Law on Mediation and Arbitration of Labor Disputes, Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I), Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III), Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, and Article 2 of the Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations. Wage payment vouchers, social security records, recruitment registration forms, registration forms, attendance records, etc., can all require the employer to bear the burden of proof.

If you want to fully protect your legitimate rights and interests, it is recommended that you read the Labor Law, the Labor Contract Law, the Regulations for the Implementation of the Labor Contract Law and the Social Insurance Law, so that you can know what aspects the employer has violated your rights and interests, which will benefit you for the rest of your life.

If you report to the Labor Inspection Brigade, you can also apply for labor arbitration at the Labor Bureau.

Legal analysis: Under normal circumstances, if the employer is in arrears of wages, the employee can first apply for labor arbitration, which is free of charge; If the employee is not satisfied with the arbitration result, he can file a lawsuit with the people's court, and the litigation fee is 10 yuan.

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: (1) 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) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

You can hire a lawyer to file a lawsuit for unpaid wages, but you don't have to. If you feel that you have insufficient litigation experience, you can ask a lawyer to assist you so that you can better protect your rights and interests. However, if you feel that you have sufficient evidence and the winning rate is relatively large, you can not be clear.

[Legal basis].

Article 58 of the Civil Procedure Law: Parties and legally-designated persons may entrust one or two persons as litigants. The following persons may be retained as litigants: (1) lawyers, basic-level legal service workers; (2) The parties' close relatives or staff; (3) Citizens recommended by the parties' communities, units, and relevant social groups.

Labor Law Lawyer. If the employer is in arrears of wages, the employee may: 1. Apply to the labor dispute mediation committee of the employer for mediation; 2. Report to the labor administrative department (usually the labor repentance section management and supervision team); 3. It is also possible to directly apply for arbitration; 4. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.

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

Article 82 of the Labor Contract Law If an employer fails to conclude a written contract with the 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.

Yes, if the employer is in arrears or deducts wages, including the situation that the wages are withheld and not paid after resignation, you can go to the labor inspection of the vacant land where the employer is located to fill in the form and complain. If the complaint does not reach a satisfactory result, you can further collect relevant evidence and apply for labor arbitration to fully claim more rights.

1. The following materials are required to file a complaint with the labor inspectorate.

1. Complainant's ID card;

2. Labor contract;

3. "Work Permit", "Service Certificate" and other documents that can prove the identity issued by the employer to the employee;

4. Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

5. Recruitment records such as the "registration form" and "registration form" filled in by the employer for recruitment;

6. Attendance records;

7. Other materials to prove the labor relationship;

Second, the handling process:

1. Listen to the statements of the people who report and complain; 2. Determine the scope of acceptance; 3. Accept or inform the receiving department or unit; 4. Report and the complainant fill in the "Complaint Form" or "Report Form"; 5. Review the evidence materials provided by them related to reports and complaints; 6. Copies of retained evidence materials; 7. Contact the employer to conduct a preliminary investigation of the case;

8. For cases where the case is simple and the reported and complaining unit actively cooperates with the handling of the case, the reporting and complaint center will handle and close the case;

9. For others that meet the requirements for case filing, they shall be transferred to the relevant departments for handling.

10. Inform the report and the complainant of the investigation results. [Legal basis].Interim Provisions on Payment of Wages.

Lawyer analysis

The average salary of different law firms is 2,000-3,000 yuan, mainly relying on the wins and losses of the lawsuit to obtain business commissions, some of them get hundreds of thousands of commissions a month, some lawyers get thousands of commissions a month, and some firms will issue commissions as year-end bonuses, and they can be issued from 30,000 to hundreds of thousands at the end of the year, depending on your ability and lawsuit.

Legal basis: Article 4 of the Interim Provisions on Payment of Wages.

Wage payment mainly includes: wage payment items, wage payment level, form of payment of workers, wage payment object, wage payment time and wage payment under special circumstances.

Article 5 of the Interim Provisions on Payment of Wages.

Wages should be paid in legal tender. Payment in kind and in alternative currency** may not be made.

Article 6 of the Interim Provisions on Payment of Wages.

The employer shall pay the wages to the employee. If the employee is unable to receive wages for any reason, his relatives or entrust others to collect the wages on his behalf, and the employer may entrust the bank to pay the wages on his behalf. The employer must keep a written record of the amount and time of payment of the employee's wages, the name and signature of the recipient, and keep it for at least two years for future reference.

When paying wages, the employer shall provide the employee with a list of his or her personal wages.

Legal basis: Interim Provisions on Payment of Wages

Article 4 Wage payment mainly includes: wage payment items, wage payment level, wage payment form, wage payment object, wage payment time, and wage payment under special circumstances.

Article 5 Wages shall be paid in legal tender. Payment in kind and in alternative currency** may not be made.

Lu Jing Article 6 The employer shall pay the wages to the worker himself. If the worker is unable to receive wages for any reason, his relatives or entrusting others to collect the wages on his or her behalf.

The employer may entrust the bank to pay the wages on behalf of the employer.

The employer must keep a written record of the amount and time of payment of the employee's wages, the name and signature of the recipient, and keep it for at least two years for future reference. When paying wages, the employer shall provide the employee with a list of his or her personal wages.

You can apply for labor arbitration, mediation first, mediation does not lead to arbitration, arbitration is rejected and the lawsuit will be filed, in this case, you can let the company pay the lawyer's fees.

Even if you win, you will still lose, and two months' salary is estimated to be not enough for the lawyer's fees.

Don't worry, complain to the labor department first, first they will mediate the mediation, and if you can't sue the labor insurance bureau, some of them don't need money to help you for free.

Attorney fees vary from place to place, but they are negotiable. In such a situation, you can apply for labor arbitration, mediation first, mediation does not lead to arbitration, and if the arbitration is rejected, you will go to court.

According to the provisions of Article 1 of the Joint Circular of the Supreme People's Court and the Ministry of Justice on Several Issues Concerning Civil Legal Aid Work, citizens who file civil lawsuits in areas such as alimony, alimony, child support, labor remuneration, work-related injuries, etc., may apply for legal aid at the legal aid institution at the location of the people's court with jurisdiction if the following conditions are met:

1. There are sufficient reasons to prove that legal assistance is needed to protect their legitimate rights and interests;

2. The economic situation of myself and my family meets the standards of financial hardship for citizens stipulated by the local ** department. As long as the above two conditions are met, you can apply for legal aid from the local legal aid agency. Once a legal aid institution makes a decision on court assistance, it may also submit a written application to the people's court with jurisdiction to suspend, commute, or waive the payment of litigation fees on this basis.

In addition, where legal aid personnel may also include the above-mentioned expenses in the litigation claim, such as travel expenses, printing expenses, transportation and communication expenses, and investigation and evidence collection fees, which are required for legal aid personnel to handle legal aid cases, the court may request that the company bear them.

Go to the Labor Bureau. If you don't have enough money to find a lawyer.

Go directly to the local labor department for arbitration.

Is two months' salary enough for lawyers?