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1. If the worker works for the employer, there are two ways to request payment of wages:
1. Workers can file complaints with the labor inspection in the local human resources and social security bureau; Pros: Simple way. Disadvantages: Enforcement may not be very strong in some areas;
2. You can apply for arbitration at the labor dispute arbitration committee in the local human resources and social security bureau and request payment of wages. 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 salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; 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. The parties can directly go to the court to sue the individual boss and demand payment of labor remuneration.
Article 85 of the Labor Contract Law If an employer falls under any of the following circumstances, the labor administrative department shall order it 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.
Article 2 of the Law on Mediation and Arbitration of Labor Disputes 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.;
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.
Article 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels 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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The key is to have evidence of an employment relationship with the employer. For example, tooling with the company's name, work card or work card (preferably stamped with the official seal), salary card, salary slip, attendance record, social insurance payment record, colleague testimony (resignation and employment are acceptable), audio and video recordings or other documents with your name and official seal, etc. (including the work card with the official seal, social insurance payment records, documents with your name and official seal, one is enough to prove the labor relationship).
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If it doesn't work, then you have to find a co-worker who has worked with you and can prove that you have worked with him and is willing to testify for you, and then call the police, you are 15 years old, and it is illegal to use you.
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The co-workers who work for your boss with you are direct witnesses.
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Find a few friends to ask for it, if you don't give it, you won't do it, let him get him if he doesn't know it.
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If the boss is in arrears of wages, first negotiate with the boss to settle it, and if the negotiation fails, you can complain to the local labor bureau. You may also apply for labor arbitration, and if you are not satisfied with the arbitral award, you may file a lawsuit with the people's court.
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What should I do if my boss owes my wages? You can go to the labor office to file a complaint.
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Legal: What should I do if my boss owes me wages?
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How to deal with the arrears of wages owed by private bosses.
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Lodge a complaint with the Labour Inspectorate. If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, the worker may file a complaint with the labor administrative department, which shall handle the matter in accordance with law. 2.
Labor arbitration. 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, or if they are unwilling to mediate, fail to mediate, or fail to perform after reaching a mediation agreement, they may apply to the labor dispute arbitration commission for arbitration; If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court. 3.
Filing a lawsuit in court. If the worker has an IOU, he or she may file a civil lawsuit with the court with his ID card, household registration booklet, IOU, complaint and a copy thereof, and the court orders the employer to pay the arrears, but the employer still fails to pay, the worker may apply to the court for compulsory enforcement within two years after the expiration of the time limit specified in the judgment.
What I'm afraid of is that you sue him.
Questions. You can show them the chat history and then you can sue them.
Questions. Is it the Labor Bureau?
Yes. Questions.
After calling the labor bureau ****, they didn't have a good answer.
You can go to the place where they work a little better.
Questions. What's the use of ignoring him alone.
Then you can find a lawyer to sue him.
Questions. The money is not much more than 10,000 yuan, and it will be a few days.
More than 10,000 yuan in lawyer fees is not enough.
Then you can go to your local police station and report the crime.
You can try and see if it doesn't work.
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Analysis of the Law of Fortune Annihilation:
First of all, you can directly contact the private boss to discuss and solve the problem of unpaid wages in person to see if you can solve it directly. If there is no result, information on wage arrears can be collected and submitted to the local labor inspection brigade for negotiation and settlement. Finally, you can contact the local law firm to collect relevant evidence and materials, and take legal action to solve the problem.
Legal basis: Contract Law of the People's Republic of China on Labor Side-Burning and Punching 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 employee in full and in a timely manner. Segment.
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.
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Private bosses are most afraid of complaints from labor inspectors from labor bureaus for wage arrears.
Any organization or individual has the right to report violations of labor security laws to the administrative department of human resources and social security; Workers have the right to lodge a complaint with the administrative department of human resources and social security against the employer's violation of labor security laws and infringement of their legitimate rights and interests. The scope of the complaint includes:
1. The employer fails to formulate rules and regulations that directly affect the vital interests of the employee.
2. The employer has not established an employment management account.
3. The employer and the employee have not signed a labor contract, agreed on a probationary period and other necessary terms, failed to deliver the text of the labor contract, and failed to issue a certificate of dissolution or termination of the labor relationship.
4. The employer fails to implement the minimum wage standard, fails to pay the employee's wages, economic compensation and compensation.
5. The employer fails to comply with the relevant regulations on employment registration and filing, as well as the regulations on the employment of Taiwanese, Hong Kong and Macao personnel in the Mainland and the employment of foreigners in China.
6. The employer fails to comply with the special labor protection regulations for female employees and juvenile workers and the regulations on not prohibiting the use of child labor.
7. The employer fails to comply with the regulations on working hours, rest and vacation.
8. Failure of labor dispatch units and employers to comply with the relevant provisions of labor dispatch.
9. Vocational intermediary institutions, vocational skills training institutions and vocational skills assessment and appraisal institutions fail to comply with the relevant provisions on employment introduction, vocational skills training and vocational skills assessment and appraisal.
10. Medical institutions, drug business units and other social insurance service institutions fail to comply with the relevant provisions of social insurance.
11. The internship and trainee unit fails to comply with the laws and regulations on labor security for student internships and trainees.
12. As well as other labor security supervision and inspection matters stipulated by laws, regulations and rules.
Negotiation, if the negotiation fails, you can go to the local court to sue. >>>More
The private boss asked you to work and did the work, which means that there is already a de facto labor relationship between you, although there is no IOU, but since there is this level of labor relationship, then you can go to the labor department to complain. Now it is a society governed by the rule of law, and everything is subject to the law. >>>More
You can find labor arbitration from the Human Resources and Social Security Bureau, or you can negotiate to deal with it. >>>More
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 the employer infringes on your legitimate rights and interests, pay attention to collecting evidence. This is important if there is arbitration or litigation in the future. >>>More
A few years ago, when I worked in a company, I was in arrears for nearly half a year, and then I had no choice but to coordinate peace talks with the boss with a few colleagues in the unit, which was also face-saving, and then the boss only compromised verbally, but it was only lip service, and did not put into action, so we discussed it and sued the boss to the labor arbitration, which prepared the information for a week, but in the end we got back our wages through the arbitration, but the company could not stay. I had to find another job, and now my job has become very good.