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Cut. Guevara once said this after the defeat of the guerrilla war.
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It's useless, there are so many of them that no one will report it to you.
If a company violates labor laws, it can file a complaint or arbitrate in the following ways:
First collect relevant evidence that you have worked in the company, labor contracts (can be without), work records, salary slips, salary transfer records (WeChat, Alipay, banks, text messages), audio and video recordings about arrears of wages and claims for wages, punch-in records of working at work, work permits, entry and exit permits, work clothes issued by the unit, introducers, certifiers, etc. The more evidence, the better, and the better it will be for you.
Then you can go to the labor inspection brigade of the Human Resources and Social Security Bureau to complain and report (advantages: simple and fast. Cons:
The enforcement may not be strong, at most the wages can be recovered), and labor arbitration can also be taken (advantages: in addition to the recovery of wages, you can also claim economic compensation, double wages, triple wages, etc.; Disadvantages: It is a labor lawsuit, with many procedures, a long time, and the need for professional guidance), it is recommended to labor arbitration, so as to strive for the greatest rights and interests.
The main legal rights and interests that we can fight for through arbitration are:
1.To get your wages back. Basis: Wages should be paid on a monthly basis and must not be in arrears.
2.If you don't sign a contract, you will be paid double your salary. Basis: If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay twice the monthly wage.
3.Double or triple salary. Basis: In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours according to the following standards:
2) If the worker is assigned to work on a rest day and cannot arrange a compensatory break, he shall be paid a wage remuneration of not less than 200% of the wage (the worker shall have at least one day off per week);
3) If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.
4.Fight for compensation. Basis: If the employee is not dismissed in accordance with the regulations, the corresponding economic compensation shall be paid.
and a number of other rights ......
I was able to recover the wages I was owed through labor arbitration, and I also won compensation for more than twice my wages (twice the wages paid to me in the factory without a contract, three times the wages for unused holidays, etc.).
In addition, this kind of black-hearted boss should give him some color after winning these rights and interests, report him to the tax bureau, report his substandard products or illegal production to the market supervision and administration bureau, report his pollution problems to the environmental protection bureau, report his fire problems to the fire department, report to the labor inspection brigade of the human resources and social security bureau that he does not sign a written labor contract with the laborer, and does not pay three times the salary on holidays
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Legal analysis: If the brother owes wages, does not pay wages, or deducts wages, he can call 12333** to complain, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade.
Since the company fails to pay labor remuneration on time, the party concerned may apply for termination of the labor contract and labor relationship, and demand economic compensation. The parties concerned may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages, and if the labor inspection brigade fails to coordinate with the employee, the worker may apply for labor arbitration. If the labor arbitration conclusion is refused, it may apply to the court for compulsory enforcement.
Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China If an employer falls 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 according to the standard of 50% to 100% of the amount payable
1) Failure 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;
2) Paying wages to workers at a rate lower than the local minimum wage standard;
3) arranging 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.
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In this case, it is best to find some witnesses.
Or physical evidence, find some evidence that can be shown to the other party, and then go to the labor bureau for adjudication. It is not easy for laborers to earn money with their hands. The time to ask for money cannot be delayed, and if you can't discuss it with the boss, you can go directly to the labor inspection brigade.
or the labor arbitration commission to resolve. There is no fee to apply for arbitration, and the award is then borne by the respondent.
Legal analysis
Evidence in favor of the worker can be collected as evidenced by whether there are witnesses or written evidence that he has completed the work. When talking to the boss, the worker can use the recording equipment prepared in advance to record the other party's admission that the worker has done the job. It's better to negotiate, if you really can't, the worker has evidence to get to court.
Workers work part-time and use their labor to earn labor compensation. When the worker finishes his work, the boss should pay the worker.
This is a labor law that has been agreed upon in ancient and modern China and abroad. Both sides should strictly adhere to it. However, the amount of remuneration and the time and form of remuneration need to be agreed upon by both parties. Generally, units and individuals can perform the contract as scheduled. But the current employment market is chaotic, especially for some small and micro enterprises.
and contract foremen, because their funds are relatively weak, and if they can't turn around for a while, it will lead to wage arrears.
There are also triangular debts, people owe people, and the upstream funds are not in place, resulting in the downstream small bosses or contract foremen not being able to pay wages. There are also individual small bosses or contractors who owe wages to their workers in order to earn a return on investment or interest. It's very upset for the workers to encounter this situation.
If the demand is invalid. It can be reflected in the relevant labor and social security departments. Ask them to negotiate a mediation or arbitration settlement.
Employees who have not signed a labor contract can get the following remuneration when they resign: 1. Labor remuneration payable by employees; 2. If the labor contract is not signed within one month from the establishment of the labor relationship, the company will pay double the salary within one year according to the law. Workers can directly file a complaint with the Labor Bureau or apply for labor arbitration.
and labor litigation, and protect their legitimate rights and interests through Youzhishan Law.
Personal suggestion] In the event of wage arrears, workers should not be afraid of difficulties, but should bravely take up the law and protect their labor rights and interests. When initiating labor arbitration or labor litigation, it is also necessary to pay attention to the submission of relevant evidence to avoid losing the case due to insufficient evidence.
Legal basis
Labor Contract Law of the People's Republic of China
Article 69 Part-time employment.
The parties may enter into an oral agreement. Workers engaged in part-time employment may conclude labor contracts with one or more employers; However, the employment contract concluded later shall not affect the performance of the employment contract concluded earlier.
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Legal analysis: If the boss does not pay the worker, the worker can ask for wages through the following methods: negotiate with the boss; apply for mediation to grassroots people's mediation organizations, enterprise labor dispute mediation committees, or organizations with labor dispute mediation functions established in townships and neighborhoods; Apply to the Labor Dispute Arbitration Commission for arbitration; Dissatisfied with the arbitral award, file a lawsuit with the people's court.
Legal basis: "Labor Dispute Mediation and Arbitration Law of the People's Republic of China" and Judgment Article 5 In the event of a labor dispute, if the person involved in the reform is unwilling to negotiate, fails to negotiate or fails to perform after reaching a settlement agreement, he 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 the person is dissatisfied with the Wuzi arbitral award, except as otherwise provided in this Law, he may file a lawsuit in the people's court.
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Legal Analysis] If the boss does not pay the worker's wages, he must first negotiate with the boss of the employer, and if there is no way to solve the problem through negotiation, the following legal channels can be used to solve the worker's wage problem: (1) complain to the local labor and social security supervision agency and report; (2) To apply to the local labor dispute arbitration commission for arbitration, it should be noted that the relevant written application must be submitted to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute; (3) Resolve the matter by filing a lawsuit in the people's court. If any party is dissatisfied with a labor dispute case after labor arbitration, it may file a lawsuit with the people's court; If the employer fails to enforce the labor arbitration award after the arbitration and does not enforce it after it takes effect, the worker may apply to the people's court for compulsory enforcement. If it is in the category of labor arrears, it can directly file a civil lawsuit with the people's court.
Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China If an employer falls 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 at a rate lower than the local minimum wage standard; 3) arranging 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. Interim Provisions on Payment of Wages 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. 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 administrative department shall order the employer to pay the worker's wages and economic compensation, 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 lower than the local minimum wage standard. The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State. Labor Law of the People's Republic of China Article 91 Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the worker'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) After the termination of the labor contract, the employee is not given economic compensation in accordance with these regulations and the stool posture.
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If the boss does not pay the salary, you can: 1. Report to the labor administrative department. 2. Apply for arbitration to the Labor Arbitration Commission.
3. If you are not satisfied with the arbitration result, you should file a lawsuit in the court within 15 days after getting the arbitration letter. If an employer deducts or defaults on the employee's wages and remuneration without reason, the labor and social security administrative department shall order the employee to pay the employee's wages and remuneration within a specified period of time, the difference between the employee's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract; 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 50% to 1 time of the amount payable. Legal basis: Article 26 of the Regulations on the Supervision of Labor and Social Security: Where an employer commits any of the following acts, the administrative department for labor and social security shall order the employee to pay the employee's wages and remuneration, the difference between the employee's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable
1) Deducting or defaulting on the wages and remuneration of workers without reason; (2) The wages paid to the laborers are lower than the local minimum wage standard; (3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.
Legal basisArticle 26 of the Regulations on the Supervision of Labor and Social Security If an employer commits any of the following acts, the administrative department of labor and social security shall order the employee to pay the employee's wages and remuneration, the difference between the employee's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable
1) Deducting oranges or defaulting on the wages and remuneration of laborers without reason;
(2) The wages paid to the laborers are lower than the local minimum wage standard;
(3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.
If the injured boss does not compensate, he can apply for labor arbitration. If the labor dispute arbitration award has legal effect, and the employer fails to perform it, it shall apply to the people's court for enforcement.
According to the regulations, the employer shall pay the employee a monthly salary according to the wage standard before the injury during the period of rest for the work-related injury. If the employer does not support it, or lowers the standard payment, the employee can file a complaint with the local labor inspection brigade.
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