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It's useless to find anyone, I've been deceived by people before, that's a year's hard-earned money, the police, the labor inspection brigade, everything that should be found has been found, no one really helps you, just learn a lesson.
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Find the local labor bureau law enforcement brigade.
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If the foreman is in arrears of wages and the negotiation fails, the worker may file a complaint with the labor administrative department, which will order the boss to pay the wages within a time limit. Employees can also apply for labor arbitration to claim wages. The full name of wage arrears is wage arrears without reason, that is, the behavior of the employer not paying the wages of the employee on time or in full without falling under the circumstances prescribed by law.
1. How to protect the rights of employees who have not signed a labor contract and are in arrears of wages.
If the boss fails to sign a contract and is in arrears of wages, the worker can file a complaint with the labor inspection department, which will order the employer to pay the employee's wages within a time limit. Alternatively, the worker may also apply to the labor arbitration department for labor arbitration and request the employer to pay wages.
If the employee complains or applies for arbitration without signing an employment contract, the employee needs to provide evidence to prove the existence of an employment relationship with the employer, such as a work card, the company's roster and other evidence.
2. Will the self-departure salary be paid normally?
There is a salary. If the company does not pay the wages, the worker can file a complaint with the labor inspection brigade or apply for labor arbitration. If the employer is in arrears of wages, the labor and social security administrative department shall order the payment of the worker's wages and remuneration, the difference between the worker's wage and the local minimum wage standard, or the economic compensation for the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable.
3. How long is arrears of wages considered arrears?
The full name of wage arrears is wage arrears without reason, that is, the behavior of the employer not paying the wages of the employee on time or in full without falling under the circumstances prescribed by law. Arrears of wages are generally civil disputes that can be resolved through the Labor and Social Security Supervision Department or the courts. If the employer evades the payment of the employee's labor remuneration by transferring property, escaping, etc., or fails to pay the employee's remuneration when it has the ability to pay, it only constitutes a crime if the amount of labor remuneration is relatively large and it is still not paid after being ordered to do so by the relevant departments.
Article 50 of the Labor Law stipulates that 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.
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If the foreman is in arrears of wages, the worker can claim wages by negotiating with the foreman; Directly request a payment order from the people's court; lodge a complaint with the labor administrative department; apply for mediation with a mediation organization; Apply to the Labor Dispute Arbitration Commission for arbitration; Dissatisfied with the labor arbitration award, file a lawsuit with the people's court; Other.
[Legal basis].
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.
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Legal Analysis: If the foreman is in arrears of wages, the worker can claim wages through the following methods: negotiate with the foreman; Directly request a payment order from the people's court; lodge a complaint with the labor administrative department; apply for mediation with a mediation organization; Apply to the Labor Dispute Arbitration Commission for arbitration; Dissatisfied with the labor arbitration award, filing a lawsuit with the people's court, etc.
Legal basis: Labor Dispute Mediation and Arbitration Law of the People's Republic of China Article 5 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 gross mediation agreement, he or she may apply to the Labor Dispute Zhongyansou Arbitration Committee 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.
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Legal analysis: The most effective is to apply for labor arbitration directly to the local labor administrative department, and claim compensation from the unit through the Zheng Lian award issued by the labor arbitration, and if the compensation is not paid, you can apply to the court for enforcement.
Legal basis: Labor Contract Law of the People's Republic of China Article 30 If an employer is in arrears or fails to pay labor remuneration in full, the worker may apply to the local people's court for a rollover 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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Legal analysis: The most effective is to apply for labor arbitration directly to the local labor administrative department, and issue an award through labor arbitration to claim compensation from the unit, and if it is not compensated, it can apply to the court for enforcement.
Legal basis: Labor Contract Law of the People's Republic of China Article 30 If the employer defaults on 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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Legal analysis: For the construction site boss who is in arrears of wages, the most effective is to apply directly to the local labor administrative department for labor arbitration, and claim compensation from the unit through the award issued by labor arbitration, and if it is not compensated, it can apply to the court for enforcement. 【
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 the provisions of the state, 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 ruined 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.
According to the law, a complaint can be filed with the Labor Inspection Brigade, an application to the Arbitration Commission for arbitration, and a lawsuit filed in court. If you do not repay the money after receiving the verdict, you can report the case to the public security and pursue criminal responsibility.
Migrant workers cannot be in arrears.
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If the employer is in arrears of wages, the employee can file a complaint with the labor administrative department or directly apply for labor arbitration. If you complain to the labor administrative department, you should go to the labor inspection brigade in the urban area to complain about the company's wage arrears, and the labor inspection brigade will accept it, leave the relevant information of the complainant, and then contact the complained company to investigate and understand, if the situation is true, the labor inspection brigade will come forward to mediate, and require the complained company to correct its violation of the labor law and other relevant laws and regulations within a time limit, if the company refuses to implement, the labor inspection brigade will apply to the court for compulsory enforcement, and punish the unit. Wage arrears are a common problem that employees can solve with the following methods: >>>More
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