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If an employer owes an employee wages, the employee has three ways to request payment of wages:
1. Workers can file complaints with the local human resources and social security bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;
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 wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.
3. If there is an IOU, you can directly sue the court to demand the payment of the salary amount in the IOU.
Article 2 of the Law on Mediation and Arbitration of Labor Disputes 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.;
Article 50 of the Labor Law Wages shall be paid to the worker himself on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed.
Article 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels 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.
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What should I do if the contractor is in arrears of wages because he has not done his job well and does not pay or deduct his wages?
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If the boss is in arrears of wages, the employee can request payment of wages in the following ways:
1. Negotiate with the boss about the specific time of salary payment, and ask the boss to issue an IOU for arrears of wages.
2. Complain to the local labor department.
3. Apply to the Labor Arbitration Commission for arbitration.
Article 4 of the Law on Arbitration and Mediation of Labor Disputes stipulates that in the event of a labor dispute, the employee may negotiate with the employer, or ask the labor union or a third party to jointly negotiate with the employer to reach a settlement agreement.
Article 5 stipulates 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.
Legal basis. Article 4 of the Law of the People's Republic of China on Arbitration and Mediation of Labor Disputes In the event of a labor dispute, the employee may negotiate with the employer, or may ask the labor union or a third party to negotiate with the employer to reach a settlement agreement.
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If the boss is in arrears of wages, the employee can request payment of wages in the following ways: 1. Negotiate with the boss about the specific time of wage payment, and ask the boss to issue an IOU for arrears of wages. 2. Complain to the local labor department. 3. Apply to the Labor Arbitration Commission for arbitration.
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When the boss is in arrears of wages, the worker should use legal channels to protect his legitimate rights and interests, seek labor inspection, and use labor arbitration to sue the boss for arrears of wages. Now that the end of the year is approaching, many migrant workers do not have the face to return home if they do not get the money, they need to use the money to send their children to school, buy new clothes or furniture for their families, so the money of migrant workers is still very important, if the boss owes them their hard-earned money, it can be said to be very hateful.
Some migrant workers can't find a suitable way to talk to the boss for money, and even make extreme moves, for example, some migrant workers jump from a very high building, and later learn that the boss owes them a lot of wages, and everyone also expressed great emotion about this matter. Because those bosses who owe wages to migrant workers are ruthless, unjust, and very selfish people. When you encounter a boss who is in arrears of wages, because one person is more weak, you can find a partner you work with and write down the proof together.
In fact, if you don't want to go to the legal process, you must first negotiate with the boss, and then the boss will hand over the salary to you. If the negotiation fails, you can continue to sue the boss through labor arbitration, and let the law order your boss to pay his own salary.
Obviously, we all rely on our own labor in exchange for money, but in the end, it is not easy for us to get our own wages, which can be said to be particularly helpless. At present, the whole country has been carrying out anti-gang activities and eliminating evil, and the phenomena of black bosses who are in arrears of wages, beating, scolding, and arrears of wages must be seriously eradicated. After the employee's application for labor arbitration, the labor inspection department will accept it, and then write an award with the amount of wages we should receive.
However, if both parties do not comply with this result, they can file a lawsuit with the people's court again. Finally, when the award takes effect, if the employer refuses to comply, then the people's court can apply for compulsory enforcement by the employee. In this way, workers can get the value they should get through legal means, so that they can better protect their rights and interests.
Many people think that the boss has a lot of money, but they are still unwilling to pay the corresponding salary for their annual work, which can be said to be particularly hateful. Therefore, most of these bosses who owe their employees' wages are listed as old men, and they are listed in the list of dishonest executors, so that they know how terrible the phenomenon of dishonesty is. ** We should strengthen the channel appeal channel guarantee in this regard, so that every worker knows how to get his wages when his wages are in arrears.
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I think that first of all, we should communicate with the boss, if the communication still can't solve the problem, then it will rise to the law, it is illegal to pay for arrears of wages, and ask for your own remuneration.
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Let's talk to the boss about the conditions first, if it drags on for too long, just call **** directly, I believe the boss doesn't want to be on the news because of wage arrears, it's better not to make a big fuss.
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The security guard at the door does not ask you to enter, and after calling the boss **, the security guard will call you in after allowing you to enter. Otherwise, you won't see it at all, so why talk about asking for money?
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If you encounter a boss who is in arrears of wages, you should go to the relevant departments to report it, which is also to protect your legitimate rights and interests, and the state has a policy that you cannot default on the wages of migrant workers.
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It is very convenient to go to the local labor inspection department to report the relevant unpaid wages, and if you fail to do so, go to the local court to apply for a payment order.
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At this time, don't use your own means to deal with it, you should call the police to deal with it, and use legal means to protect your legitimate rights and interests.
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Report. It is necessary to resolutely report the actions of the boss to the labor department, and insist on protecting their own interests from infringement.
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Generally, if you encounter this situation, you can report him to the relevant department, so that your salary may be paid.
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I will call him every day, block his office door every day to ask for his salary, and I will find his hometown.
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Employees should report it in a timely manner. When encountering this kind of thing, you must take up the law as soon as possible to protect your legitimate rights and interests.
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If you go to court and go through litigation, you must use legal means to deal with such a rogue boss.
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You can report the boss to the relevant departments, or ask the boss to pay wages.
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Don't use violence to solve it, we must take up the law to defend our rights.
If you want to fully protect your legitimate rights and interests, it is recommended that you read the Labor Law, the Labor Contract Law, the Regulations for the Implementation of the Labor Contract Law and the Social Insurance Law, so that you can know what aspects the employer has violated your rights and interests, which will benefit you for the rest of your life. If the employer infringes on your legitimate rights and interests, pay attention to collecting evidence. This is important if there is arbitration or litigation in the future. >>>More
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