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In fact, according to the provisions of the labor law, you can file an arbitration with the local labor department, regardless of whether you have signed the contract or not, and a de facto labor relationship has been formed, you can ask for this money.
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Agree with the statement upstairs, call ** directly or find your boss, receiving wages is your right and right, you should go for it, if you don't give it, find the local labor arbitration department to solve it!
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The salary must be given to you, you just go to him directly, ask him, it's okay, out of society, you have to learn to be thick-skinned.
One of my classmates also went directly to the boss to ask for it.
If you don't ask for it, some bosses won't give it.
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It's almost the holidays, buy a cheap and practical little gift to see your boss, and by the way, mention the salary.
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You take the initiative to call ** or go to your boss.
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Legal Analysis:1After resigning, you can ask for wages or salaries, you can first call the department leader and the finance department to ask about the situation. 2.If they shirk and speak unclearly, then they have to find a unit to receive a cover.
Legal basis: Interim Provisions on Payment of Wages Article 9 When both parties to an employment relationship terminate a labor contract in accordance with the law or terminate it abruptly, the employer shall pay the employee's wages in full at the time of dissolution or termination.
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[Legal Analysis].1.After resigning, you can ask for salary, you can first call the department leader and the finance department to ask about the situation. 2.If they shirk and speak unclearly, then it is necessary to find the leader of the unit.
[Legal basis].Interim Provisions on Payment of Wages Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum when dissolving or terminating the labor contract.
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Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China stipulates that an employee may terminate the labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employer may terminate the labor contract by notifying the employer three days in advance.
Coarse sensitive wheel. Labor Law of the People's Republic of China Article 50 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.
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Legal analysis: Under normal circumstances, the boss should also settle the salary before leaving the company on time, otherwise it will violate the provisions of the labor law.
After going through the resignation formalities in accordance with the law, the employer must issue a certificate of termination of the labor contract (i.e., a resignation certificate), and at the same time, the salary, deposit and economic compensation of the employee must be settled. The employer shall not arbitrarily deduct or default, and the parties concerned may request settlement when going through the resignation formalities. Otherwise, the parties can go to the labor bureau to complain or Chunwei to report the employer's violations of laws and regulations.
Legal basis: Interim Provisions on Payment of Wages Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum when the labor contract is dissolved or terminated.
Labor Contract Law of the People's Republic of China Article 50 The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and shall complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.
The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.
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Legal analysis: After resignation, you can first agree with the employer to pay wages; If the negotiation fails, the local labor and social security supervision agency shall complain and report, and the labor administrative department shall order the payment within a time limit; or apply to the local labor dispute arbitration commission for arbitration; If they are not satisfied with the arbitral award, they shall file a lawsuit with the local people's court.
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 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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There are the following ways to request a salary:
1. Workers can file a complaint with the local labor inspection department.
2. You can apply for arbitration at the local labor and personnel dispute arbitration commission and request payment of wages; If the labor contract is not signed, Yu Hail can ask Yu Hail to pay double the salary of the unsigned labor contract; If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.
3. If there is an IOU, you can directly sue the court to demand the payment of the salary amount in the IOU.
1. How to protect the rights of workers in arrears of wages.
1. Workers can file complaints with the local human resources and social security bureau for labor inspection; 2. You can apply for arbitration at the Labor Dispute Arbitration Committee of 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 salary, etc.; 3. If there is an IOU, you can directly sue the court to demand the payment of the salary amount in the IOU. Wide.
2. What is the way to ask for wages without a contract?
According to the provisions of the Labor Law, an employer cannot deduct or destroy the wages owed to an employee without reason. If the employer is in arrears of wages, the employee can claim wages in the following ways: 1. The employee can file a complaint with the local human resources and social security bureau; 2. You can apply for arbitration at the Labor Dispute Arbitration Committee of 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. 3. If the employer has written an IOU, it can directly sue the court to demand the payment of the salary amount in the IOU.
Labor Law of the People's Republic of China Article 50 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 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 or 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.
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First of all, you can agree with the unit, and if the negotiation fails, you can go through the following legal procedures: (1) Complain and report to the local labor and social security supervision agency, and bring materials proving the labor relationship when reporting. (2) To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application should be submitted to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute; According to Article 77 of the Labor Law of the People's Republic of China, in the event of a labor dispute between an employer and an employee, the parties concerned may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law.
The principles of conciliation apply to both arbitration and litigation proceedings.
[Legal basis].Article 77 of the Labor Law of the People's Republic of China In the event of a labor dispute between an employer and an employee, the parties concerned may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law. The principles of conciliation apply to both arbitration and litigation proceedings.
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Legal Analysis:1After resigning, you can ask for a salary, you can first ask the department leader and the finance department about the situation. 2.If they pass the buck and speak unclearly, then it is necessary to find the leader of the unit.
Legal basis: Interim Provisions on Payment of Wages Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the wages of the employee in full at the same time as the termination or termination of the labor contract.
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