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The employee can apply for labor arbitration to demand payment of the arrears of wages from the employer.
How to Apply for Labor Arbitration:
1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).
2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court;
3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.
Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the workers themselves in the form of money on a monthly basis. 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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After resignation, the employer may directly apply to the labor arbitration commission for labor arbitration without paying wages and claim the payment of wages.
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If the boss really doesn't pay you, you can go to the labor bureau to report the problem.
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1. What will you do if you resign and your boss doesn't pay your salary?
1. If you resign and the boss does not pay your salary, you can deal with it as follows:
1) Negotiate and settle the solution;
2) If the company fails to pay the employee's wages on time to the labor administrative department, the employee can terminate the labor contract at any time and immediately require the company to pay the employee's arrears of wages and 25% of the economic compensation according to the arrears of wages;
3) Direct application for arbitration.
2. Legal basis: Article 2 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China.
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 stipulated by laws and regulations.
2. Matters to be paid attention to by workers in protecting their rights in arrears of wages.
1. Confirm the facts of the labor relationship with the unit, such as payroll, attendance records, and documents in the process of work;
2. After confirming the labor relationship, for the illegal behavior of the unit in arrears of wages, you can negotiate with the boss and ask the unit to pay back wages;
3. If the negotiation fails, bring the relevant materials to the labor bureau to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration;
4. If the amount of arrears of wages is relatively large, you can directly ask a lawyer to file a lawsuit and recover the arrears of wages through litigation.
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Lodge a complaint with the local labor inspection brigade. 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 51 The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with law.
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Legal analysis: If the employer refuses to pay the employee's wages, the employee can file a complaint with the local labor inspection department or apply for labor arbitration.
If wages are not paid in a timely manner, there are two ways to claim wages:
1. Workers can complain to the local labor bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;
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.
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.
Legal basis: Interim Provisions on Payment of Wages
Article 6 The employer shall pay wages to the workers themselves. 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.
Article 16 The employer shall truthfully compile a wage payment ledger in accordance with the wage payment cycle. The wage payment ledger shall be kept for at least two years. The wage payment ledger shall include the date of payment, the payment period, the name of the payment recipient, the working hours, the items and amounts of wages to be paid, the items and amounts withheld, paid and deducted, the amount of wages actually paid, and the receipt of wages by the bank or the signature of the worker.
Article 17 When an employer pays wages, it shall provide the worker with a list of his or her own wages. If an employer extends the working hours of an employee or arranges for a worker to work on a rest day or statutory holiday, it shall specify the corresponding wages and remunerations in the wage list and if it is unable to provide evidence that they have been paid, it shall be deemed that the corresponding wages and remunerations have not been paid.
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Legal analysis: If the employer is in arrears of wages after resignation, the employee can file a complaint with the labor inspection of the local human resources and social security bureau; or apply to the labor dispute arbitration committee within the local human resources and social security bureau for arbitration and demand payment of wages. The labor administrative department will order the employee to pay labor remuneration, overtime pay or economic compensation within a time limit.
Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China.
The employer shall, in accordance with the provisions of the labor contract and state regulations, pay the labor remuneration to the employee 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.
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Summary. Hello, I mentioned that I left my job, and the boss agreed to let me go, but I just didn't pay my salary, what should I do? If the person in charge agrees to let the employee resign without paying, he can ask for it in the following ways:
Negotiate with the employer; lodge a complaint with the local labour administration; apply for mediation with a mediation organization; Apply to the Labor Dispute Arbitration Commission for arbitration; request a payment order from the people's court; Dissatisfied with the arbitral award, file a lawsuit with the people's court; Other. Article 5 of the Labor Dispute Mediation and Arbitration Law provides that 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, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
Hello, I mentioned that I left my job, and the boss agreed to let me go, but I just didn't pay my salary, what should I do? If the person in charge agrees to let the employee resign but not pay the salary, he can ask for it through the following methods: negotiate with the employer; lodge a complaint with the local labour administration; apply for mediation with a mediation organization; Apply to the Labor Dispute Arbitration Commission for arbitration; request a payment order from the people's court; Dissatisfied with the arbitral award, file a lawsuit with the people's court; Other.
Article 5 of the Law on Mediation and Arbitration of Labor Disputes, if a labor dispute occurs, and the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If you are unwilling to mediate, fail to mediate, or fail to perform Liangxun after reaching a mediation agreement, you may apply to the labor dispute arbitration commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
Is it possible to play local 110**?
Hello, yes.
Because we didn't sign any contracts.
Hello, yes.
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