-
Labor disputes can be reported to the labor inspection by applying for labor arbitration or to the labor inspection.
-
You can go to the labor inspection brigade of the Human Resources and Social Security Bureau to complain and report, or you can go to labor arbitration and suggest labor arbitration, so as to strive for the greatest rights and interests. The main legal rights and interests that we can fight for through arbitration are:
1.To get your wages back. Basis: Wages should be paid on a monthly basis and must not be in arrears.
2.If you don't sign a contract, you will be paid double your salary. Basis: If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay twice the monthly wage.
3.Double or triple salary. Basis: In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours according to the following standards:
2) If the worker is assigned to work on a rest day and cannot arrange a compensatory break, he shall be paid a wage remuneration of not less than 200% of the wage (the worker shall have at least one day off per week);
3) If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.
4.Fight for compensation. Basis: If the employee is not dismissed in accordance with the regulations, the corresponding economic compensation shall be paid.
and a number of other rights ......
I was able to recover the arrears of wages through labor arbitration, and I also won compensation for more than three times my wages (twice the wages paid to me in the factory without a contract, three times the wages for unused holidays, etc.).
-
Legal Analysis: Persistent delay in non-payment of wages can be resolved in the following ways: 1. Report to the labor administrative department (usually the labor management inspection brigade).
2 Direct application for arbitration is also possible. 3. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration document. 4. In accordance with the provisions of the state, in the event of arbitration or litigation, you may request that in addition to the full payment of the wages and remuneration of the employee within the prescribed time, an additional severance equivalent to 25% of the wages and remuneration shall be paid.
Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China 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 employee's labor remuneration 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 lower than the local minimum wage standard; (3) Arrange 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.
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.
-
Legal analysis: The arrears of wages have not been paid in the following ways:
1. Negotiation between the two parties.
2. Mediation. 3. Apply for arbitration.
4. File a lawsuit.
Legal basis: Article 5 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China 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.
-
The way to deal with the salary has been delayed is as follows:1. Complain to the local labor inspection department, or call **12333.
2. Apply for labor arbitration at the Human Resources and Social Security Bureau.
3. Go to the local people's court to file a lawsuit and apply for a payment order.
Article 30 of the Labor Contract Law stipulates that the employer shall pay the employee labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract and national regulations. 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.
-
Labor rights can be protected through legal means. First, the employer shall sign an employment contract with the employee within one month from the date of employment, and shall pay social security and wages in a timely manner. If a written employment contract is not signed, double wages and severance payments are required.
Second, the payment of double wages is limited to one year, with a maximum of 11 months, and the severance is paid for one month for one year of service according to the number of years of service, and double compensation for illegal dismissal. Third, it is necessary to collect evidence to prove the labor relationship, working hours, and overtime hours, which can be labor contracts, wage transfer records, distribution details (with the seal of the unit), work clothes, work cards, witness testimony and other evidence. Fourth, the employer is required to pay double wages, financial compensation, and unpaid wages through litigation.
Article 85 of the Labor Contract Law of the People's Republic of China stipulates that 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 employee's labor remuneration 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 lower than the local minimum wage standard; (3) Arrange 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 77 of the Labor Law of the People's Republic of China provides that in the event of a labor dispute between an employer and an employee, the parties concerned may apply for mediation, arbitration, file a lawsuit in accordance with the law, or may resolve it through negotiation.
-
Those who are in arrears of wages are as follows, and those who have the right to punish those who are in arrears of wages in accordance with law are as follows. If the employer fails to pay wages within the time limit ordered by the administrative authority, the following methods can be used to resolve the arrears of wages.
If it is found that the employer is in arrears with the wages of the workers, it shall report to the labor administrative department, and shall not deduct or delay the wages of the workers without reason. If the employer does not pay the salary, it will pay the employer.
-
The parties can resolve the matter through negotiation, mediation, arbitration, and litigation.
Negotiation refers to the parties directly negotiating or inviting a third party to mediate and resolve disputes on the basis of voluntary and mutual understanding. If the negotiation fails, a written application for mediation may be submitted to the local people's mediation committee. If mediation is not possible, you can apply for arbitration or litigation.
The parties can resolve the matter through negotiation, litigation, arbitration, and mediation.
-
Then you should collect evidence, then go to the labor department to complain, and apply for labor arbitration, arrears of wages are not allowed.
-
In this case, let's apply for labor arbitration, you can take a look at Shanghui Arbitration, which can help you assess your situation.
-
The way to deal with the salary has been delayed is as follows:1. Complain to the local labor inspection department, or call **12333.
2. Apply for labor arbitration at the Human Resources and Social Security Bureau.
3. Go to the local people's court to file a lawsuit and apply for a payment order.
Article 30 of the Labor Contract Law stipulates that 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 and his grandson in full. 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.
-
If wages have been delayed, the employee can take the following methods: 1. The worker can negotiate with the employer; 2. Workers can complain to the labor administrative department; 3. The worker may apply to the local people's court for a payment order in accordance with the law; 4. The employee may file a labor arbitration to demand the employer to pay the arrears of wages and remuneration and economic compensation. 5. If the worker is not satisfied with the arbitration, he may file a lawsuit with the people's court.
Legal basis: Article 5 of the Labor Dispute Mediation and Arbitration Law 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.
-
There are several ways in which wages have been delayed:
1. For this kind of illegal behavior, the easiest way is to complain to the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the "Labor and Social Security Supervision Regulations" in accordance with the law, 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, and if the compensation is not paid, you can apply to the court for enforcement.
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 request the employer to pay you additional compensation according to the standard of 50% to 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law.
With all that said, have your questions been answered!
Article 30 of the Labor Contract Law of the People's Republic of China provides that an 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.
This is under the control of the local labor bureau, to be precise, the labor inspection brigade. >>>More
It is illegal for an employer to default on wages, and the employee can collect relevant evidence, such as labor contracts, wage slips, bank card payment information, etc., and then go to the local labor dispute arbitration department to apply for arbitration, and the administrative department of the labor bureau will assist the employee in protecting his rights and claiming wages. >>>More
If you leave your job voluntarily, you will be paid, otherwise it will be a violation of the law by the unit. If you voluntarily leave your job and your employer is in arrears of wages, you can go to the labor bureau to complain. The day of termination of the labor contract is the wage settlement date; If the company is in arrears of wages, the workers can complain to the labor inspection brigade, and the labor inspection brigade will order the employer to pay the wages within the time limit, and if the payment is not made within the time limit, additional compensation will be paid; If the coordination fails, the parties will then apply for labor arbitration. >>>More
It is an illegal act, and the boss does not pay wages, and he can protect his interests through legal means. Employees have the right to receive wages and remuneration for the actual working period, and the company's refusal to pay wages is illegal. Wage arrears can choose to protect their rights by filing labor arbitration. >>>More
If the police have already called the police, there is no need to withdraw the case, and after the police deal with it, the employer is still unwilling to support the salary (find an excuse to fool), so it should use the law to protect its rights, and can apply to the local labor department for labor arbitration. >>>More