What should I do if I don t pay my salary when I resign, and what should I do if I don t pay my sala

You may file a complaint or report with the labor and social security department (labor inspection brigade) or apply to the labor dispute arbitration commission for labor arbitration.

Legal basis: Article 9 of the Interim Regulations on the Payment of Wages Article 9 When both parties to an employment 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.

If a worker and an employer establish an employment relationship, and the worker resigns in accordance with the law, and the employer fails to pay the employee's wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with the law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Interim Regulations on the Payment of Wages

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 18 The labor administrative departments at all levels shall have the right 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.

Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

1. Negotiate to see when it will be issued;

2. If it is indeed not issued, it can be complained or reported to the labor and social security department (labor inspection brigade) or applied to the labor dispute arbitration commission for labor arbitration. Legal basis: Article 9 of the Interim Regulations on the Payment of Wages Article 9 When both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

If the other party does not make a claim, it will have to pay double.

Legal analysis: If you do not pay wages after resignation, you can report and complain to the local labor inspection brigade with jurisdiction, and the labor inspection brigade will order you to pay labor remuneration within a time limit; or apply to the mediation organization for mediation, and if the mediation is unwilling, the mediation fails, or the mediation agreement is not performed, it may apply to the labor dispute arbitration commission for arbitration; or directly apply to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Legal basis: Labor Contract Law of the People's Republic of China

Article 85 In any of the following circumstances, the labor administrative department shall order the employer to pay remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employee 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) the employee fails 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, ( ) the employee's wages are paid in accordance with the local minimum wage standard and approval; (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.

Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

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.

Legal analysis: When an employee resigns, the company should pay the labor remuneration due to him so far in accordance with the law, if the employer does not pay wages, the employee can take the following ways to protect his legal rights: 1. Raise objections to the relevant person in charge and negotiate freely with him; 2. Complain to the labor administrative department; 3. Initiate mediation or arbitration with relevant units; 4. File a lawsuit to resolve the problem of wage arrears through litigation procedures.

Legal basis: Article 79 of the Labor Law of the People's Republic of China After the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration.

If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Legal analysis: If the company does not pay wages, it can be solved through the following ways: 1. Negotiate with the boss to solve the problem; 2. Complain to the labor inspection agency, and the employer shall order the employer to settle the complaint; 3. Apply for labor arbitration to the labor arbitration committee of the local labor bureau to get back the wages, the procedure is specially designed to resolve labor disputes, and no fees should be paid.

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 9 of the Interim Provisions on Payment of Wages When both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

If the negotiation with the employer fails, the employee can go to the labor inspection department to report the situation, or apply to the labor arbitration commission to protect his rights and interests.

Article 30 of the Labor Contract Law [Labor Remuneration] The employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract and the provisions of the state.

The materials that need to be prepared for labor arbitration are:

1. Proof of labor relationship, such as: labor contract, brand, employment registration form, etc.;

2. Proof of resignation time, such as: notice of termination of labor, resignation order, etc.;

3. The amount of wages and the proof of unpaid, such as: salary slips, salary bank card flows, attendance records, etc.

Legal analysis

1. Negotiate and settle.

2. Report to the labor administrative department (usually the labor inspection brigade of the district where the unit is located). If the company fails to pay the employee's wages on time, the employee may terminate the labor contract at any time and immediately require the company to pay the employee's arrears of wages and 25% of the arrears of wages as economic compensation.

3. You can also apply for arbitration directly. First of all, you need to confirm the facts of the employment relationship with the employer. Second, after the labor relationship is confirmed, the employer can be required to pay back social insurance and wages.

Third, the employer shall notify the employee one month in advance when terminating the labor contract, otherwise it shall pay one month's severance as a payment in lieu of payment. Fourth, if a written labor contract is not signed to pay double wages, a written labor contract shall be signed within one month from the date of employment. Fifth, if an employer illegally terminates a labor contract, it may claim economic compensation, which is twice the amount of economic compensation.

It is recommended to collect relevant evidence in a timely manner, apply to the local labor arbitration department for labor arbitration in accordance with the law, and require the company to fulfill the above obligations. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.

Legal basis

Labor Law of the People's Republic of China Article 51 Wages shall be paid in monetary form on a monthly basis, and wages shall not be deducted or delayed without reason. Article 79 stipulates that after a labor dispute arises, it may apply to the labor dispute mediation committee within the unit for mediation, or directly apply to the labor dispute arbitration commission for arbitration. If the applicant is not satisfied with the arbitration, he or she may file a lawsuit with the people's court.

Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 2 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 as stipulated by laws and regulations.

Legal analysis: If the resigned boss does not pay the salary, the employee can file a complaint with the labor inspection brigade or directly apply for labor arbitration.

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.

Article 85 of the Labor Contract Law of the People's Republic of China Where a worker fails to pay his or her remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state, the labor administrative department shall order the payment of the remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid.

Legal analysisIf the resigned boss does not pay the salary, the employee can file a complaint with the labor inspection brigade or directly apply for labor arbitration.

Legal basisArticle 9 of the Interim Provisions on Payment of Wages When both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

Labor Contract Law of the People's Republic of China Article 85 Where an employee fails to pay his or her labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state, the labor administrative department shall order the payment of 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 by the land.

If the employee resigns without pay, the employee can ask for it through the following methods: negotiate with the company; lodge a complaint with the labor administrative department; Directly request a payment order from the people's court; 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 basisArticle 5 of the Law on Mediation and Arbitration of Labor Disputes.

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.

1. What should I do if I resign and do not pay my salary1. If the employee resigns without wages, the worker can ask for it through the following methods: negotiate with the company; lodge a complaint with the labor administrative department; Directly request a payment order from the people's court; 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;

2. 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.

2. Should the employer pay bonuses to employees who resignThe bonus stipulated by the retired employee is the labor income due to the employee, and the employer does not pay the bonus, which violates the labor contract law, and the relevant content is not specified in the contract. The bonus is a part of the salary, which is the treatment that the employee deserves, and it is the obligation of the employer to pay the performance bonus to the employee. It should be noted that bonuses, like other forms of wages, are stipulated by the employee and the employer through the employment contract or the relevant system of the employer.

If the employee and the employer agree on the bonus in the labor contract, or the employer stipulates the payment method of the bonus through the wage payment and performance appraisal system, but the employer does not pay it, the employee may claim it from the employer in violation of the provisions of the Labor Contract Law. If the employer has not signed a labor contract with the employee, the employee may request payment of labor remuneration, including bonuses, in accordance with the provisions on equal pay for equal work. The employer shall fulfill the following obligations:

Implement national labor standards, provide corresponding working conditions and labor protection; Inform the dispatched workers of the job requirements and remuneration; Overtime pay and performance bonuses are paid, and position-related benefits are provided.

1. What should I do if I don't pay my salary after resigning.

1. The handling of non-payment of wages after resignation is as follows:

1) Negotiate with the employer;

2) Apply to the mediation organization for mediation;

3) Report to the labor administrative department;

4) Apply to the Labor Dispute Arbitration Commission for arbitration;

5) Request a payment order from the people's court, and if the person is not satisfied with the arbitral award, he can also file a lawsuit.

2. 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.

Article 6. In the event of a labor dispute, the parties concerned have the responsibility to provide evidence for their own claims. And.

If the evidence related to the disputed matter is in the possession and management of the employer, the employer shall provide it; If the employer does not provide it, it shall bear the adverse consequences.

2. How to pay the salary after resignation.

After resignation, the employer shall pay the employee's wages in monetary terms in a lump sum. If the employer deducts wages, the worker may file a complaint with the labor and social security administrative department, and the labor inspection brigade shall order the employee to pay within a time limit.