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The boss's failure to pay wages to the police has no effect, because the non-payment of wages is a civil dispute and is not within the scope of acceptance by the public security organs, and the boss's failure to pay wages violates China's labor law and labor contract law, and can be reported to the labor administrative department.
In accordance with the provisions of the 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.
In accordance with the provisions of the Labor Contract Law of the People's Republic of China.
Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker 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.
Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor 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 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 labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;
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Wage arrears do not belong to the management of the public security organs, and the remedies are different due to different employment, you can solve the wage problem 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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Legal analysis: The boss can report to the police if he does not pay wages, but the arrears of wages to employees are labor disputes and are not under the control of the police. Therefore, the employee can first apply to the labor dispute mediation committee of the employer for mediation.
If the mediation fails, the applicant may apply to the Labor Dispute Arbitration Commission for arbitration. It is also possible to apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may directly file a lawsuit with the people's court.
Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes
Article 4 In the event of a labor dispute, the worker may negotiate with the employer, or may ask the trade union or a third party to negotiate with the employer and reach a settlement agreement.
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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The answer is found for you in the following ways. If you don't pay your salary, you can call the police. Wage arrears are illegal, and if there is a contract between the parties, the party owed can take the other party to court, but it should be noted that legal methods must be taken to protect their legitimate rights and interests.
But here's what needs to be said. The easiest way to report to the police is to file a complaint with 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.
The most effective is to apply directly to the local labor administrative department for labor arbitration (no fees, no lawyers), and through the award issued by the labor arbitration, claim compensation from the unit, and if the compensation is not paid, you can apply to the court for enforcement.
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If the boss does not pay the salary, the worker can call the police, but in most cases it is useless to call the police. 1. It is useless to call the police, 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 Security Supervision Regulations" in accordance with the law, and ask 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 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 way is to apply directly to the local labor administrative department for labor arbitration (no fee, no lawyer), and claim compensation from the unit through the award issued by labor arbitration, if you still do not pay compensation, you can apply to the court for enforcement. 4. While claiming wages in the above ways, you can also require 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.
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You can call the policeIf the employer still fails to pay the wages after being notified by the labor bureau, it may report to the police and accuse the boss of the crime of refusing to pay labor remuneration and request that he be investigated for criminal responsibility.
Determination of unjustified wage arrears:
According to Articles 7, 8 and 9 of the Interim Provisions on Payment of Wages, wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wages may be paid on a weekly, daily, or hourly basis if the weekly, daily, and hourly wage system is implemented; For workers who have completed one-time temporary labor or a specific job, the employer shall pay wages to the employee after the completion of the labor task in accordance with the relevant agreement or contract.
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 a lump sum within 5 days of the termination or termination of the labor contract.
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If the boss does not pay the salary, the worker can call the police. If the boss does not pay wages, whether he is on the job or resigns, whether he is in arrears or not paying wages for no reason, he should first communicate and negotiate with the main person in charge of the company through normal channels, find out the reasons for the arrears or non-payment, and then choose a reasonable way to deal with it. If the negotiation fails, through the negotiation with the main person in charge of the company, the communication and negotiation fails, and the only way to protect their legitimate rights and interests is to take up the law.
However, it is necessary to collect or retain some evidence that can prove the existence of an employment relationship with the employer, such as a work card, salary card, attendance records, etc., or the insurance paid by the employer is the best evidence. Therefore, when the boss does not pay wages, the employee can report to the police and complain to the labor bureau where the unit is located. You can also apply for labor arbitration to defend your legitimate rights and interests through legal means.
If the employer deducts or defaults on the employee's wages without reason, in addition to paying the employee's wages and remuneration in full within the prescribed time, it shall also pay an additional economic compensation equivalent to 25% of the wages and remuneration.
Labor Law of the People's Republic of China Article 70 In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law. The principles of mediation apply to both arbitration and litigation proceedings. Article 85 The Ministry of Labor Administration of the People's Government at or above the county level shall supervise and inspect the employer's compliance with labor laws and regulations in accordance with the law, and shall have the right to stop and order corrections to the violations of labor laws and regulations.
How long is it illegal to be in arrears of wages.
It is illegal to be in arrears for 30 days. If the employer is unable to pay wages on time due to difficulties in production and operation, and its capital turnover is affected, it may postpone the payment of wages to the employee within one month after reaching an agreement with the labor union of the employer. The time of deferred payment of wages shall be notified to all workers and reported to the competent department for the record, and if there is no competent department, it shall be reported to the city, district or county labor and social security administrative department for the record.
Therefore, the employer should settle the wages within 30 days after the end of the calendar month, and more than 30 days will constitute wage arrears.
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If the boss does not pay the salary, the worker can call the police, but in most cases it is useless to call the police. However, there are the following options; 1. ** Complain to the local labor law enforcement inspection brigade, 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 (no fee, no lawyer), 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. 4. While claiming wages in accordance with the above-mentioned channels, the employer may also be required to pay 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. Article 30 of the Labor Contract Law The employer shall pay the labor remuneration 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 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. Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the minimum wage standard of the local trainees, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of between 50% and 100% of the amount payable: (1) Failure to pay the labor remuneration of the employee 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) arranging overtime work and not paying overtime pay; (4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
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The boss can call the police if he does not pay his salary, and the other ways to deal with it are as follows:
1. The parties concerned may file a complaint or report to the local labor and social security supervision agency;
2. The parties may apply to the local labor dispute arbitration commission for arbitration;
3. If no labor contract has been signed:
1) It is possible to demand the payment of double wages for those who have not signed a labor contract;
2) If the labor relationship is terminated on the basis of arrears of wages, the employee may also be required to pay severance payments;
4. For labor dispute cases, if any party is dissatisfied after labor arbitration, it can file a lawsuit with the court, and they will obey after arbitration; Tuan Zhihu.
5. If the employer fails to enforce the labor arbitration award after it takes effect, it may apply to the court for compulsory enforcement;
6. Those who belong to the category of labor arrears can directly file a civil lawsuit with the court.
Legal basis: Article 91 of the Labor Law of the People's Republic of China.
If the employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the administrative department of the Department of Labor shall order the employee to pay the employee's wages and remuneration and economic compensation, and may also order the payment of compensation
1) Withholding or defaulting on the wages of workers without reason;
2) Refusal to pay wages and remuneration for extended working hours;
3) Paying wages to workers lower than the local minimum wage standard;
4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.
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
This is under the control of the local labor bureau, to be precise, the labor inspection brigade. >>>More
2. Legal basis:
1) Labor Dispute Mediation and Arbitration Law Article 9 [Labor Inspection] If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with the law. >>>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
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