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Collect evidence on your own and apply for labor arbitration.
Labor arbitration refers to the mediation and adjudication of labor disputes by the labor dispute arbitration commission on the arbitration of the parties. In China, labor arbitration is a necessary procedure for parties to a labor dispute to file a lawsuit in the people's court. According to the Labor Dispute Mediation and Arbitration Law, the party initiating labor arbitration shall submit a written application to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute.
Unless the parties apply for arbitration due to force majeure or other justifiable reasons, the arbitration commission shall not accept the application if the time limit for arbitration has expired as prescribed by law.
The complainant is an employee and is required to submit the following documents:
1) Labor Dispute Arbitration Complaint Registration Form;
2) Statement of Appeal (detailed statement of the reasons and requirements of the complaint, provided in duplicate or according to the number of respondents);
3) Identification certificate and copy of the complainant;
4) If there is a person who is entrusted, it is necessary to sign and submit the "Power of Attorney" in person, indicating the matters of entrustment, and submit a copy of the ID card of the entrusted person. If the client's ** person is a practicing lawyer sent by a law firm, a copy of the practicing lawyer's certificate should be provided: if the client's ** person is a citizen, the no-charge ** agreement signed with the client, as well as the legal information on the relationship between the client and the client;
5) The respondent's industrial and commercial registration information;
6) Proof of the existence of an employment relationship between the complainant and the respondent; (Supporting materials include: labor contract, temporary residence permit, work permit, brand plate, work card, salary schedule (slip), employment registration form, deposit receipt, as well as proof of punishment and notice or certificate of dismissal, dismissal, dismissal, dissolution (or termination) of labor relations, etc.) When the complainant submits the supporting materials, the original and a copy shall be attached, and the original shall be returned after review;
7) List of Evidence to be Submitted in duplicate;
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A responsible labor bureau will take up the investigation! It's hard to say if you're not responsible! If you go to arbitration and file a lawsuit, you will be responsible for providing this evidence!
Since you're working there, you can't have no proof at all! For example, work clothes, pay stubs. Documents you have signed with the factory, attendance sheets, employee certificates, etc.
It's easy to find!
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1. What should I do if the employee can't get the salary?
If not, apply to the labor department for arbitration, and if you apply for labor arbitration, you should pay attention to many points: first file an application for labor arbitration within one year of the labor dispute, and submit the main materials. If you are not satisfied with the arbitral award, you must file a lawsuit within 15 days.
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. Thirdly, 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.
3.If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.
2. How to complain
1. Complain to the labor bureau where the employer is located.
2. Complain to the labor arbitration commission where the employer is located.
3. More economical approach:
1. Complain to the labor inspection brigade of the local labor bureau and ask them to investigate.
2. If they do not come to investigate, they will complain to the Labor Bureau and write written materials.
3. Submit a request for arbitration to the local labor arbitration commission.
4. If the applicant is not satisfied with the arbitration result, he or she shall file a lawsuit with the people's court.
Fourth, attention should be paid to rights protection
1. Confirm the facts of the labor relationship with the unit, such as payslips, attendance records, and documents in the process of work.
2. After confirming the labor relationship, you can negotiate with the boss and ask the employer to pay back wages for the illegal behavior of the unit in arrears of 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.
If not, apply to the labor department for arbitration, and if you are not satisfied with the arbitration result, you must file a lawsuit within 15 days. If your situation is more complicated, tips:
The Civil Code came into force on January 1, 2021, and the Marriage Law, Inheritance Law, General Principles of the Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law, and General Provisions of the Civil Law are repealed at the same time.
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If the worker does not receive his wages, he or she may negotiate with the employer and require him to pay the worker in a timely manner on the date agreed by both parties; If the employer fails to pay within the time limit, the worker can directly report and complain to the labor bureau; or by applying for arbitration in accordance with the law to claim wages.
Article 85 of the Labor Contract Law of the People's Republic of China stipulates that if an employer commits a crime 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.
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If the worker does not receive his wages, he or she may negotiate with the spine office of the unit and ask him to pay the worker on the date agreed upon by both parties and when the cherry blossoms are hidden; If the employer fails to pay within the time limit, the worker can directly go to the labor bureau to report and complain; or by applying for arbitration in accordance with the law to claim wages.
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Legal Analysis:1Report to the labor administrative department.
2.It is also possible to apply directly for arbitration. 3.
If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after obtaining the arbitration letter. 4.According to the provisions of the state, in the event of arbitration or litigation, you may request that in addition to the full payment of the employee's wages and remuneration within the specified time, an additional severance of 25% of the wages and remuneration shall be paid.
Legal basis: Labor Law of the People's Republic of China Article 50 Wages shall be paid to the workers themselves on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed.
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Legal analysis: You can report to the local labor administrative department, or apply to the labor arbitration committee for labor arbitration.
Legal basis: Labor Contract Law of the People's Republic of China Article 30 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. If the employer is in arrears or fails to pay the full amount of the remuneration for labor, 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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You can go to the labor office first....If they don't settle it, you can go to the arbitral chamber....The labor law stipulates that wages should be paid to the job on a monthly basis in the form of money! It's illegal for her to do this now! The Labor Bureau will definitely take care of it.
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Hello, glad to answer for you :
You can go to the local labor administrative department to complain or go to the labor arbitration committee to apply for labor arbitration! Interim Provisions on Payment of Wages:
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.
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The wage problem has different remedies depending on the employment, and the wage problem can be solved by the following means:
1. If you work for an employer, there are two ways to ask for wages:
1. You can go to the local labor bureau to complain about the 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.
2. If you are working for an individual, which is not considered an employment relationship, you can directly go to the court to sue the individual boss and demand payment of labor remuneration.
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If you can't get wages for work, go to the Labor Insurance Bureau, **12333
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