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If you are in arrears of wages, you can call 12333** to complain if you do not pay wages or deduct wages, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade.
Since the company fails to pay labor remuneration on time, the party concerned may apply for termination of the labor contract and labor relationship, and demand economic compensation. The parties concerned may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages, and if the labor inspection brigade fails to coordinate with the employee, the worker may apply for labor arbitration.
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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If you complain to the Labor Bureau, it is estimated that your job will not be saved.
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Legal Analysis:1When the employer and the employee terminate or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum.
2.If the employer does not pay the employee's wages in full, the employee may apply for labor arbitration.
3.The employer can only deduct the deduction when the employee causes losses to the employer, and there are restrictions on the amount of deduction.
Legal basis: Interim Provisions on Payment of Wages
Article 3 The wages mentioned in these Provisions refer to the wages and remuneration paid by the employer to the workers in various forms in accordance with the provisions of the labor contract.
Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with law, the employer shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract.
Article 15 An employer shall not deduct a worker's wages. Under any of the following circumstances, the employer may withhold the employee's wages: (1) the individual income tax withheld and paid by the employer; (2) The social insurance premiums withheld and paid by the employer and shall be borne by the employee; (3) alimony and alimony required to be withheld in court judgments and rulings; (4) Other expenses that can be deducted from the wages of employees according to laws and regulations.
Article 16 Where economic losses are caused to the employer due to the worker's own reasons, the employer may require the employee to compensate for the economic loss in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary. However, the monthly deduction shall not exceed 20% of the employee's monthly salary.
If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.
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If a family member is sick and hospitalized, and the boss is in arrears of wages, how should I ask the boss for wages?
1. The easiest way is to file a complaint with the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the "Labor Security Supervision Regulations" and order it to pay the arrears of wages. 2. In accordance with the provisions of Article 30 of the Labor Contract Law, if the employer is in arrears or fails to pay the labor remuneration in full, the employee 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. 3. The most effective is to apply for labor arbitration directly to the local labor administrative department, and claim compensation from the unit through the award issued by the labor arbitration.
4. If the labor arbitration is not accepted or the arbitration is unfair, a civil lawsuit can be filed with the court within 15 days and directly executed through the court judgment. 5. While claiming wages in the above ways, you can also require the employer to pay you additional compensation according to the standard of between 50% and 100% of the payable amount in accordance with the provisions of Article 85 of the Labor Contract Law.
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This is a labor dispute caused by the termination of an employment contract due to illness, and legitimate rights and interests can be safeguarded through legal channels.
1. If an employee is sick, it is illegal for the employer not to give the medical treatment period: the medical treatment period is the time limit for the employee to be sick or injured and stop working for treatment and rest and rest without terminating the labor contract, according to the actual situation, the actual working years are less than ten years, and if the working years in the unit are more than five years, the medical treatment period is six months, and the unit shall give six months of medical treatment.
2. During the medical treatment period, it is illegal for the employer not to pay sick leave wages: during the period of illness or non-work injury, the enterprise shall pay sick leave wages or sick relief expenses in accordance with relevant regulations during the specified medical treatment period, and the sick leave wages or sick relief expenses can be paid lower than the local minimum wage standard, but shall not be less than 80% of the minimum wage standard.
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If the negotiation fails, the two parties may report a complaint to the local labor and social security supervision agency, apply to the labor dispute arbitration commission for arbitration, or file a lawsuit in the people's court. Resignation due to illness is not subject to liquidated damages.
If the negotiation fails, the two parties may negotiate with each other, and if the negotiation fails, they may report and complain to the local labor and social security supervision agency, apply to the labor dispute arbitration commission for arbitration, or file a lawsuit with the people's court. Resignation due to illness is not subject to liquidated damages.
1. What should I do if I resign due to illness and do not pay my salary
The solution to the resignation due to illness and not paying the salary is as follows:
1.Negotiate with the boss.
2.Complain and report to the local labor and social security inspection agency;
3.To apply for arbitration to the local labor dispute arbitration commission, it should be noted that a written application must be submitted to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute;
4.Resolve through litigation.
Reminder: Labor Dispute Mediation and Arbitration Law Article 9 If an employer violates state regulations by defaulting on or failing to pay the full amount of labor remuneration, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle Article 17 of the "Regulations on the Supervision of Labor Security" Article 17 of the "Labor Security Supervision Regulations" The investigation of the violation of labor security laws, regulations or rules by the labor security administrative department shall be completed within 60 working days from the date of filing the case; If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.
2. Do I need to compensate for liquidated damages if I resign due to illness?
Resignation due to illness does not need to compensate for liquidated damages, resignation due to illness also needs to submit a resignation application to the unit 30 days in advance, otherwise bear the compensation for liquidated damages, and can no longer go to work due to work-related illness, do not need to submit a resignation application 30 days in advance, you can resign directly and can request compensation from the company.
3. Can employees leave immediately if they resign due to illness?
If an employee is unable to work after illness, he or she may leave the company normally in accordance with the Labor Law and the company's regulations. Employees can also take long sick leave when they are sick. During the period of illness, the enterprise shall pay the sick leave pay or sickness relief expenses in accordance with the relevant regulations during the prescribed medical treatment period, and the sick leave wages or sickness relief expenses may be paid lower than the local minimum wage standard, but shall not be lower than 80% of the minimum wage standard.
Employees who take long sick leave may continue to perform the labor contract if they are able to engage in their original work after the expiration of the medical treatment period; After the expiration of the medical treatment period, they are still unable to engage in their original work or work arranged by the unit; The labor appraisal committee shall conduct the labor ability appraisal with reference to the appraisal standards for the degree of disability caused by work-related injuries and occupational diseases.
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Summary. First of all, you have to solve your employment problems, go to the next job, and ensure that your life will not be affected because of this salary; Secondly, in view of your boss's life, the premise is that if she usually gives you the impression of being a reliable and trustworthy person, you can take the initiative to communicate with your boss and ask him to provide you with a solution.
A receipt for unpaid wages is at least a guarantee for you.
First of all, you have to solve your employment problems, go to the next job, and ensure that your life will not be affected because of this salary; Secondly, in view of the fact that your boss is born, the premise is: if she usually gives you the impression that she is a reliable and trustworthy person, you can take the initiative to communicate with Jian Qingqi's boss and ask him to provide you with a solution. A receipt for unpaid wages is at least a guarantee for you.
If the situation is not optimistic or worse, and the boss refuses to pay the salary, then you can protect your rights and interests through the law. In the case of arrears of wages by the employer, the employee should first negotiate with the employer, and if the negotiation cannot be resolved, the employee can resolve the matter through the following legal means: (1) to the local labor and social security inspection agency tsjubao; (2) To apply to the local labor dispute dispute arbitration commission for arbitration, it should be noted that a written application should be submitted to the labor dispute arbitration commission within one year from the occurrence of the labor dispute; (3) Resolve through litigation.
Pay attention to collect relevant evidence to prove it.
If the boss is in arrears of wages, he can report to the local labor law enforcement department, and the law enforcement inspectors of the labor department will help coordinate and solve the problem; If you are not satisfied with the arbitration, you can also go to the people's court to sue and enforce it.
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Summary. Hello dear, happy to answer your <>
If the boss has no money to pay the salary, he can do this: the employee can negotiate with the employer to settle the matter first; If the negotiation fails, it shall be dealt with with by the local labor inspection brigade in a timely manner; If the problem still cannot be solved, it shall apply to the local labor arbitration institution for arbitration. If the problem cannot be resolved after labor arbitration, the employee or a lawyer shall file a labor lawsuit to protect their rights.
According to the relevant provisions of Chinese law, during the period of leave of the employee, the employer must pay the employee the corresponding proportion of the employee's leave salary, otherwise the employee shall pay the corresponding compensation. Therefore, when we take BING leave and encounter a similar situation again, we must improve our legal awareness and know how to protect our legitimate rights and interests.
What should I do if my boss is sick and has no money to pay my salary.
Hello dear, happy to answer your <>
If the boss has no money to pay the salary, he can do this: the employee can negotiate with the employer to settle the matter first; If the negotiation fails, it shall be dealt with with by the local labor inspection brigade in a timely manner; If the problem still cannot be solved, it shall apply to the local labor arbitration institution for arbitration. If the problem cannot be resolved after labor arbitration, the employee or a lawyer shall file a labor demolition lawsuit to protect their rights.
According to the relevant provisions of Chinese law, during the period of leave of interest, the employer must pay the employee the corresponding proportion of the employee's leave salary, otherwise the employee shall pay the corresponding compensation for the bored worker. Therefore, when we take BING leave and encounter a similar situation again, we must improve our legal awareness and know how to protect our legitimate rights and interests.
Article 47 of the Labor Law stipulates that an employer shall, in accordance with the characteristics of its production and operation and its economic benefits, independently determine the wage distribution method and wage level of its unit in accordance with the law. During the period of the Ministry of Labor on the issuance of the "Opinions on the Implementation of the Labor Law of the People's Republic of China on Several Rough Problems", the enterprise shall pay the employee his or her false wages or sick relief expenses in accordance with the relevant regulations during the prescribed medical treatment period, and the sick wages or sick relief expenses can be paid lower than the local low wage standard, but not less than 80% of the low wage standard.
The restaurant owner has no fixed assets and has more than 100,000 yuan in wages.
You can go to court and sue him.
Is it true that the other party has no money?
I really don't have any money, and I'm worried to death.
Have you checked the other party's bank account?
If you really don't have any money, you can sue him.
If he sues, the court will seize the car and house in his name for auction.
Don't worry about kissing you.
This matter is very easy to solve.
No, I don't know how to check, I owe 120,000, three employees 180,000, from last year to now.
If you want to check this, you need the public security bureau or the court to check it.
After you file a lawsuit, the court will look into him.
The key is that he now has esophageal cancer, and he has no money for surgery, but we can't pay our salary.
You can ask the other party to sign an agreement.
What protocols. It's an agreement on when the wages will be settled.
1. It is illegal for him not to pay you a salary, and he is now dismissing you? If you are dismissed, according to the provisions of the national labor law, he will not only pay you the full salary you are entitled to, but also pay you another two months' salary. You can take the "work certificate issued by the company" or pay slips and other things that can prove that you have worked in the company, as long as there is a labor relationship, you can go to the labor inspection brigade in your area to complain to him, and you will definitely get your salary back, and if you are a non-farmer, you can also get back the insurance cash you deserve. >>>More
In general, if there is a labor contract, you can use some legal means, and if there is no labor contract, then you can apply to the labor department for labor arbitration with the salary documents, although it is more troublesome than the procedures without a labor contract, but you can also get your salary back.
Under normal circumstances, the parties concerned should first file a complaint with the labor inspection department or apply to the labor arbitration commission for arbitration, and only if they still fail to pay after being urged by the labor administrative department to constitute the crime of refusing to pay labor remuneration, so that it will be useful to report to the police. >>>More
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