After leaving the company, the boss does not pay the full salary

Updated on society 2024-05-22
8 answers
  1. Anonymous users2024-02-11

    You can apply for labor arbitration.

    First of all, it is necessary to prove the existence of a de facto employment relationship with the factory, such as evidence such as payslips and witnesses.

    Secondly, you have to prove that the agreed monthly salary is 2,500 yuan. If you don't have a payroll, you can record it to the boss to prove that the agreed salary was 2,500 yuan at that time, and it was 2,500 yuan a month.

    With the above evidence, you can claim the employer to pay the unpaid wages, half a month's severance payment, and two months of double wages for those who have not signed an employment contract.

    Finally, if the boss does not pay your social insurance premiums, you can also go to the local labor inspection brigade to complain and ask the factory to pay you 2 months of social insurance premiums.

    Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

    If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

    Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

    If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

    I wish you to get rid of your troubles as soon as possible and find a job that you are satisfied with! Good luck!

  2. Anonymous users2024-02-10

    What proof is there for giving you 2,500 yuan a month? If you don't go to the labor arbitration office, ask them to negotiate with the company. Regardless of whether the company is on probation or not, the company will sign an agreement with the new employee, and sign a formal contract after the probationary period expires.

  3. Anonymous users2024-02-09

    Legal Analysis: It is illegal to resign and deduct wages. As long as the employee participates in the company's work, regardless of whether the labor contract is signed or not, the corresponding labor remuneration needs to be paid.

    If the worker has paid the labor, the employer shall pay the wages in accordance with the law. It is illegal for an employer to deduct wages, and the employee can file a complaint with the local labor inspection brigade or apply to the labor dispute arbitration department for arbitration.

    Legal basis: Article 50 of the Labor Law stipulates that wages shall be paid to the workers themselves in the form of money on a monthly basis, and the wages of the workers shall not be deducted or owed without reason.

    Article 30 of the Labor Contract Law: 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 the provisions of the state. Article 9 of the Interim Provisions on Payment of Wages:

    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.

  4. Anonymous users2024-02-08

    What should I do if I resign and my boss doesn't pay my salary: 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, should the employer give one month's notice when it should terminate the labor contract? Otherwise, the worker 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, the unit violates the law? If the labor contract is terminated, the employee may claim economic compensation, which is twice the amount of the 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: Article 2 of the Labor Dispute Mediation and Arbitration LawThis 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 or 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 provided for by laws and regulations.

    Article 3 of the Labor Dispute Mediation and Arbitration Law? In resolving labor disputes, the lawful rights and interests of the parties shall be protected in accordance with the law, impartiality, timeliness, and mediation-oriented principles based on facts.

    Article 4 of the Labor Dispute Mediation and Arbitration Law? In the event of a labor dispute, the employee may negotiate with the employer, or ask the labor union or a third party to negotiate with the employer to reach a settlement agreement.

  5. Anonymous users2024-02-07

    Hello,Xiaodu is at your service.,Check for you whether it's illegal for the boss not to pay wages after resigning.。

    Illegal. The Labor Law stipulates that all wages of the employee shall be settled in a lump sum after the expiration of the employee's resignation, and if the employer owes the employee two months' wages without reason, if it is for the employer, the employee may file a complaint with the local labor inspection department or apply for labor arbitration. If it is a job for an individual, it is not considered an employment relationship, and you can directly go to the court to sue the individual boss and demand payment of labor remuneration.

    We hope you find it helpful

  6. Anonymous users2024-02-06

    Legal Analysis: If the resigned boss does not pay wages, the employee can file a complaint with the local labor administrative department, and the labor administrative department has the right to monitor the employer's payment of orange wages. The employee can apply to the arbitration commission for arbitration, and the worker can also directly apply to the local people's court for a payment order.

    Legal basis: Interim Provisions on 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 a lump sum judgment to the employee at the time of dissolution or termination of the labor contract.

  7. Anonymous users2024-02-05

    Legal Analysis: Negotiate and resolve the report of the labor administrative department (usually the labor inspection brigade of the district where the unit is located) and request arbitration and litigation.

    Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China 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 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.

  8. Anonymous users2024-02-04

    Lodge a complaint with the local labor inspection brigade. 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 51 The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with law.

Related questions
17 answers2024-05-22

If you are in arrears of wages, you can call 12333<> to complain, which is the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade. >>>More

16 answers2024-05-22

You can go to the labor bureau to sue for this.

He doesn't give money, so it's reasonable! >>>More

8 answers2024-05-22

The employee can apply for labor arbitration to demand payment of the arrears of wages from the employer. >>>More

29 answers2024-05-22

The boss said that the salary is 7,500, and now he will not give 7,500, if there is an agreement, then you can file a complaint with the Labor and Social Security Bureau to ask for compensation, but today the situation is different, if the boss has difficulties in negotiating with you, then you should also overcome the difficulties together.

22 answers2024-05-22

I quit my job a few days ago, and recently my boss asked me to go to work again, in this case, what should we choose? I'm sure many people have been in a similar situation. That is to say, after we resign, whether it is the relevant leaders of the original unit or the boss, we will be asked to go back to work. >>>More