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If you want to resign, you only need to submit a notice of resignation to the employer in writing 30 days in advance (3 days before the probationary period) Remember: the employer is required to sign your "Receipt of Delivery and Handover (Documents and Materials) of the Employee", and the consent of the employer is not required. If you continue to work for 30 days, you can apply to the employer for resignation the next day, and the employer should handle the formalities (Article 31 of the Labor Law and Article 37 of the Labor Contract Law), pay your salary in full in a lump sum (Article 9 of the Interim Provisions on Payment of Wages), and issue you a certificate of resignation (Article 50 of the Labor Contract Law), otherwise the employer will be in violation of the law.
If you have fulfilled the resignation procedure in accordance with the law, and the employer violates the law by failing to handle the relevant procedures for your resignation and letting you go, and you believe that the employer has violated your legitimate rights and interests in labor security, you have the right to make a written report or complaint to the local labor and social security inspection brigade (Article 9 of the Labor and Social Security Supervision Regulations) and request the labor and social security inspection brigade to handle the matter in accordance with the law, or apply to the local labor dispute arbitration commission for arbitration in accordance with the law (labor dispute arbitration is free of charge). If you are not satisfied with the arbitration, you can also file a lawsuit against the employer in court (Article 77 of the Employment Contract Law).
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If the boss insists on not paying wages, he can directly complain to him, and then recover his wages According to the regulations, if the company does not pay wages within the time specified in the labor contract, it is a wage arrears, and he must bear legal responsibility, and he can go to the labor complaint. If you still can't solve the problem after that, you can go to court to file a lawsuit. In addition, if the employer does not pay wages, there are two ways for the labor commander to demand the payment of 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.
Article 85 of the Labor Contract Law If an employer falls under any of the following circumstances, the labor administrative department shall order the employer to pay the 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, and if the employer fails to pay the difference within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of 50% to 100% of the amount payable.
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Legal analysis: First of all, you need to confirm the facts of the employment relationship with the employer. Secondly, after the employment relationship is confirmed, the employer can be required to pay back social insurance and pay back wages.
Thirdly, the employer shall notify the employee one month in advance when terminating the labor contract, otherwise it shall pay one month's economic compensation as a payment in lieu of payment.
Fourth, if a written labor contract is not signed to pay double wages, a written labor contract shall be signed within one month from the date of employment.
Fifth, if an employer illegally terminates a labor contract, it may claim economic compensation, which is twice the amount of economic compensation. It is recommended to collect relevant evidence in a timely manner, apply to the local labor arbitration department for labor arbitration in accordance with the law, and require the company to fulfill the above obligations. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.
1. Negotiate and settle.
2. Report to the labor administrative department (usually the labor inspection brigade of the district where the unit is located).
If the company fails to pay the wages of the employees on time, the employees can terminate the labor contract at any time and immediately require the company to pay the wages in arrears and 25% of the wages in arrears.
3. You can also apply for arbitration directly.
Legal basis: Article 51 of the Labor Law of the People's Republic of China Wages shall be paid in the form of money on a monthly basis, and wages shall not be deducted or owed to workers without reason. Article 79 stipulates that after a labor dispute arises, it may apply to the labor dispute mediation committee within the unit for mediation, or directly apply to the labor dispute arbitration commission for arbitration.
If the applicant is not satisfied with the arbitration, he or she may file a lawsuit with the people's court. Labor law is a general term for the legal norms that regulate labor relations and social relations closely related to labor relations. It is the legal department that arises from the development of capitalism to a certain stage, which is a legal department separated from the civil law, an independent legal department.
These legal provisions govern the relationship between trade unions, employers and employees, and protect the rights and obligations of all parties.
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1. First settle privately with your boss.
2. In the case of comprehensive collection of evidence of the boss's arrears of wages (including attendance sheets, testimony of the financial department, testimony of employees, evidence of previous wages, etc.), you can report to the Labor and Social Security Supervision Brigade (the Labor Inspection Brigade is a subordinate agency of the Human Resources and Social Security Bureau, and generally works in the Human Resources and Social Security Bureau).
3. If the Labor and Social Security Supervision Brigade does not deal with the case or you are dissatisfied with the result, you can apply for labor arbitration at the Labor Arbitration Court under the Human Resources and Social Security Bureau.
4. If you are dissatisfied with labor arbitration, you can file a lawsuit with the court. (It should be noted that labor arbitration must be carried out in advance, and litigation can only be filed with the court after the labor arbitration is concluded.) Labor arbitration is a pre-procedure that must be conducted).
Extended information: The Labor and Social Security Inspectorate is required to comply with Article 10 of the Regulations on the Supervision of Labor and Social Security.
2. The third paragraph is: to inspect the employer's compliance with the laws, regulations and rules on labor security, and to accept reports and complaints about violations of labor security laws, regulations or rules. Paragraph 6 of Article 11 is to supervise the payment of wages to workers and the implementation of minimum wage standards by employers.
Migrant workers can file a complaint with the local labor and social security supervision department, and they do not have to go through the trouble of finding the person in charge of the employer, because the labor file and social security supervision department can generally find them and help them recover their wages.
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Summary. Hello, if you have been working for a month and the boss has not paid you, then it is illegal and you have the right to claim the salary you deserve. First of all, you can communicate with your boss to solve the problem and remind him that you need to pay your salary on time.
If that doesn't work, you can file a complaint with your local labor inspectorate, who can coordinate the issue. If you need further legal help, you can consult a local lawyer or legal aid agency. In any case, do not give up your rights and interests.
I worked in a pedicure shop and wanted to leave my job for a month, but my boss wouldn't pay me.
Hello, if you have been working for a month but the Hail Rough Boss has not paid you, then it is illegal and you have the right to claim the labor resources you deserve Sakura. First of all, you can communicate with your boss to solve the problem and remind him that you need to pay your salary on time. If that doesn't work, you can file a complaint with your local labor inspectorate, who can coordinate the issue.
If you need further legal help, you can consult a local lawyer or legal aid agency. In any case, do not give up your rights and interests.
Hello, there are a few things to pay attention to when dealing with this situation:1In the process of communicating with the boss, try to keep yourself calm and calm, express your thoughts and requirements rationally, and do not use excessive words or behaviors.
2.If you need to file a complaint with the labor inspectorate, it is best to first understand the local labor laws and regulations, and clarify your rights and requirements, so that you can more convincingly defend your rights and interests. 3.
In the process of dealing with this issue, it is best to keep relevant evidence, such as work contracts, pay stubs, labor time records, etc., in order to prove your work and wages. 4.In dealing with this issue, try to avoid taking drastic actions, such as retaliating against the boss or destroying the store's property, which may lead to more legal problems and disputes.
Hello, the current boss is not giving you directly.
Hello, then you can go directly to labor arbitration.
I have a sister, because I owe her 4,000 yuan in wages and didn't pay it, I told her at the time that if she didn't come to work, she would tell me a month in advance, she didn't do it, and when she left, she said that she would still come to work, and I didn't calculate her salary, and then she sent a message saying that she couldn't come! He also said that Chalu was going to sue me.
Later, she sent me a message to scold me, how to solve this matter.
Hello, let's not discuss this first, you still have a salary of 4000 that has not been given to him, right, my suggestion here is to negotiate.
Hello, if the other party goes to arbitration, you generally have to give.
At that time, because the salary had not been calculated clearly, she decided that I owed her so much here.
I'm wrapping it, but I'm going to deduct the utility bill.
She voluntarily left her job, and I was not paid for this rule.
Hello, this is your internal regulation and does not meet the standards.
Hello, you currently calculate how much the utility bill is, and then you can deduct it directly, because if you go to the labor bureau for arbitration, you generally have to pay.
The employee can apply for labor arbitration to demand payment of the arrears of wages from the employer. >>>More
Hello! No matter what the case may be, work for a day and get paid for a day, so you can get paid. >>>More
Here are two suggestions for your current situation:
First, if you don't want to continue working here, you can quit at any time and ask for double pay every month from the time you start working until you quit. >>>More
Article 37 of the Labor Contract Law The employee may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period. >>>More
If the injured boss does not compensate, he can apply for labor arbitration. If the labor dispute arbitration award has legal effect, and the employer fails to perform it, it shall apply to the people's court for enforcement.