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You can file a complaint with the Labor Inspection Brigade or apply to the Labor Dispute Arbitration Commission for arbitration and ask the company to pay.
1. Complaints. 1. The legal basis for the complaint: the Regulations on Labor and Social Security Supervision.
Article 2 These Regulations shall apply to the supervision of labor security by enterprises and individual industrial and commercial households (hereinafter referred to as "employers").
Article 9 Any organization or individual has the right to report to the administrative department for labor security any violation of laws, regulations or rules on labor security.
Article 11 The administrative departments for labor and social security shall carry out labor security supervision on the following matters:
1) The employer's formulation of internal labor security rules and regulations;
2) The circumstances of the conclusion of a labor contract between the employer and the employee;
3) The employer's compliance with the prohibition of child labor;
4) The employer's compliance with the special labor protection provisions for female employees and juvenile workers;
5) The employer's compliance with the provisions on working hours, rest and vacation;
6) The employer's payment of wages to workers and implementation of the minimum wage standard;
7) The employer's participation in various social insurances and payment of social insurance premiums;
8) Employment agencies, vocational skills training institutions and vocational skills assessment and appraisal institutions comply with the provisions of the State on employment introduction, vocational skills training and vocational skills assessment and appraisal;
9) Other labor security supervision matters stipulated by laws and regulations.
2. Legal documents for complaints: Labor inspection complaints.
Respondent: (Write down the registered name on the business license of the respondent unit).
Legal representative Position: Contact**.
Complaints.
Write down clearly who is complaining, what you want to complain about, and what you want to complain about. The complaint should be clear and specific. There are a number of complaint requirements to ·· way to indicate. )
Facts and reasons.
Indicate when the employment relationship was established, the time, process, and outcome of the complaint. Where there is a demand for payment of wages in the content of the complaint, the amount and calculation method shall be clearly listed. )
Sincerely. Labour Inspection Brigade.
Complainant: YYYYYYYYYYYYYYYYYYYYYY
II. Arbitration. 1. Legal basis of arbitration: Labor Dispute Mediation and Arbitration Law of the People's Republic of China.
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 termination of labor contracts;
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.
2. Legal documents for arbitration: Application for Arbitration of Labor and Personnel Dispute Arbitration Commission.
Facts and reasons.
Sincerely. Arbitration Committee for Labor and Personnel Disputes.
Applicant: year, month and day.
Attachments: 1. A copy of the Application for Arbitration;
2. List of evidence and relevant evidentiary materials.
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You should claim your wages on the day you terminate your employment contract with your employer. Article 9 of the Interim Provisions on Payment of Wages stipulates that "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." ”
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Salary is obviously an important part of work and life, but for some reason, it has become a secret topic like sex.
We're embarrassed to talk to our leaders, we're embarrassed to talk to our parents, we're embarrassed to talk to the people we associate with.
Flip through the bills, work for three years, and the salary will not rise! Same job, different pay!
So, how do we negotiate gracefully with our leaders to get the salary we expect or even higher?
Here are 7 tips to multiply your chances of a raise!
1.Measure your abilities and evaluate your peers before you negotiate a salary.
Before talking about a raise, you must first make sure that you are doing well because of your ability. It is also necessary to understand and evaluate the income, position and workload of peers, whether they are low or not, and if the answer is no, you can talk about it; If not, it means that you don't know enough about the position, and you need to further cultivate your skills.
2.Find the right time to negotiate salary.
The best time to negotiate salary is when you have completed a large project or made some outstanding contributions to the company; Secondly, the development of the company needs a person to be responsible for a hot potato project, and you are just right for the time of employing people; It's a little bit worse, when you communicate with your performance at the end of the year, and the leader asks you if you have anything else to say.
Essentially, a salary increase is a recognition of your improved abilities. A raise is not a nod to the past, but an affirmation of the future. If you don't maintain the same level of output in the future, the matter of salary increase is not to be discussed.
Therefore, when it is proven that there is potential for the future, it is the best time to negotiate salary.
The best times to be smart are when the team is most mobile. That is really tantamount to falling into a well, even if you get a raise, you will inevitably fall into a stain that cannot be erased for a lifetime.
3.Express loyalty while negotiating salary.
First of all, let's be clear: you just want to talk about a raise, not quit. So whether the next negotiation is successful or not, you have to implicitly express your loyalty to the company. Even if you don't convince your boss to give you a raise, he'll remember the loyalty you promised.
Loyal employees are very important to a successful business. If you talk about a raise with a threat, there are only 2 ways left, either a raise or a fuck off. Even if you don't get out, the leader will leave a bad impression on your rude behavior, which is not the result we want to see.
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Suggestions: 1. Call ** to urge him, one a day, until he is sent.
2. Have you signed a contract with the unit? Has the employer bought you insurance? If not, and you don't feel like you're doing well, you can apply for labor arbitration.
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Answer Hello Friend 1Since it is a resignation, the resignation letter will be handed in for a month. Wages are generally settled at the time of separation or on the next payroll day. No need to ask the boss.
2 3 Resignation is resignation, which is the act of the employee proposing to the employer to terminate the labor contract or labor relationship. There are generally three circumstances for resignation: first, the employment relationship is terminated immediately in accordance with the law, such as the employer has violence or threats against the employee to force the employee, does not pay wages as agreed in the contract, etc., the employee may request the employer to terminate the labor contract at any time; Second, according to the employee's own choice, the employer shall be notified in writing 30 days in advance to terminate the labor contract; The third is to apply to the employer, and the two parties agree to terminate the contract through consultation.
3 Article 36 of the Labor Contract Law of the People's Republic of China The employer and the employee may terminate the labor contract if they reach a consensus through consultation. Article 37 A worker may terminate a 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.
Article 38 An employer may terminate a labor contract under any of the following circumstances: (1) failing to provide labor protection or working conditions in accordance with the provisions of the labor contract, (2) failing to pay labor remuneration in full and in a timely manner, (3) failing to pay social insurance premiums for the worker in accordance with the law, and (4) violating the provisions of laws and regulations and harming the rights and interests of the employee.
Before the question, he said that he would pay us some wages when he was leaving, and then he would leave tomorrow, and there was no sound at the moment.
I wanted to ask him and didn't know how to speak.
First of all, you can tell me that it has been difficult to find a job recently, and the rent is about to expire, so you can say that you are miserable, and ask the boss to pay it in time. You can also mention the suggestions and opinions to the company, and in the end, there is really no way, it is recommended that you still use the law to protect yourself, and the report should be reported.
Ask a question, ask us when we are leaving, when will we be paid, and how can I tell her better.
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The Labor Bureau is not worth the law, and all kinds of reasons are delayed.
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The Labour Code stipulates that wages are paid on a monthly basis. It is okay to pay the previous month's salary in the current month, but it is illegal to cross months; If the company is in arrears of wages, the employee can file a complaint with the labor inspection brigade, which will order the employer to pay wages within a time limit, and if the payment is not made within the time limit, additional compensation will be paid.
Article 50 of the Labor Law: Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Article 7 of the Interim Provisions on the Payment of Wages stipulates that wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day.
Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.
Article 85 of the Labor Contract Law: 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 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 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.
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The employer is obliged to pay the employee's wages, whether it is tactful or not.
1. If you work for an employer, there are two ways to ask for wages:
1. Labor inspection complaints. Advantages: The way is simple, you can go by yourself without having to hire a lawyer. Disadvantages: Labor inspections may not be very enforceable and cannot require double wages and compensation, etc.
2. You can apply for labor arbitration. If you do not have an employment contract, you can 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.
Advantages: In addition to wages, you can also claim economic compensation, double wages, compensation, etc., and generally can be finally resolved, which is more reliable than labor inspection; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.
2. If it is for an individual, it is not considered an employment relationship. You can go directly to the court to sue the individual boss and demand payment of labor compensation.
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If you want to ask the boss for your own salary, then you must be more confident, and you must be proactive, if you don't take the initiative, then the boss will definitely not give it to yourself, and will ignore this matter, if not, then we can also go to some relevant departments to defend rights, which is also very effective.
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1.By filing a complaint with the Labor and Social Security Supervision Department, the administrative department is requested to deal with the claim for wages.
Regulations on the Supervision of Labor and Social Security
Article 11 Paragraph 1, Item 6 stipulates that the administrative department for labor and social security shall carry out labor security supervision on the following matters:
6) The employer's payment of wages to workers and implementation of the minimum wage standard;
The labour administration has the authority and obligation to deal with this matter.
2.Apply for labor arbitration to claim wages.
Paragraph 5 of Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes: This Law shall apply to the following labor disputes between employers and employees within the territory of the People's Republic of China:
5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;
Arrears of labor remuneration are within the scope of acceptance by the labor arbitration commission, and wages can be claimed through labor arbitration.
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When you ask your boss for a salary return, don't be too embarrassed and don't feel ashamed. Mention your difficulties more and tell the truth instead of lying to get your wages back, which will make him feel that he is doing a good thing by paying you back. After all, not every boss will be in arrears.
Because after all, he is already a big leader.
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You have to look at the boss first, why doesn't you pay your salary? Is it because you yourself are not up to the mark, or is it something else? If I don't do a good job in this area and I don't get the salary I deserve, I will look for ways to help myself, and I will definitely try everything I can to get it back if I don't get the corresponding reward.
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Why are wages in arrears? First of all, you can take the initiative to communicate with the boss to understand the reasons for the arrears of wages, if you can't get the result, you can protect your rights by using legal means, and you can go to the labor arbitration commission to fight for your rights through legitimate means.
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