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1. If the company owes employees wages, employees can call 12333 to complain to the local labor department, or apply for labor arbitration to protect their rights.
2. In accordance with the "Interim Regulations on the Payment of Wages".
Article 7 Wages must be paid on the date agreed between the employer and the worker. 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 wage systems are implemented.
Article 8 The employer shall, in accordance with the relevant agreements or contracts, pay wages to workers who have completed one-time temporary labor or a specific job.
Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with law, the employer shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract.
Article 15 An employer shall not deduct a worker's wages. Under any of the following circumstances, the employer may withhold the employee's wages:
1) Individual income tax withheld and paid by the employer;
2) All social insurance premiums withheld and paid by the employer that should be borne by the employee;
3) Child support or alimony required to be withheld in court judgments or rulings;
4) Other expenses that may be deducted from the wages of workers as stipulated by laws and regulations.
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.
Labor Dispute Mediation and Arbitration Law
Article 2 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.;
6) Other labor disputes as stipulated by laws and regulations.
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Find a local **, and find a few more workers who don't get paid.
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Put on the couch of the statement alpha.
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If the 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, 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.
According to Article 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 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 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 workers are lower than the local minimum wage;
3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.
Legal basis. Article 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 or pretending to be in arrears of wages and remuneration for workers without reason;
2) The wages paid to the workers are lower than the local minimum wage;
3) Terminating a labor contract without giving the employee compensation in accordance with the law.
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Salary failure can be solved in the following ways:
1. Report to the labor administrative department;
2. You can also apply for arbitration directly;
3. If you are not satisfied with the arbitration result, you can file a lawsuit in the court within 15 days after getting the arbitration letter;
4. In accordance with the provisions of the state, in the case of arbitration or litigation, in addition to the full payment of the wages and remuneration of the worker within the specified time, an additional economic compensation equivalent to 25% of the wages and remuneration shall be paid.
Wages refer to the remuneration paid by the employer or statutory employer to the employee in the form of money in accordance with the law, or the industry regulations, or according to the agreement between the employer and the employee. Wages can be calculated in different forms such as hourly salary, monthly salary, annual salary, etc.
The solution to the problem of not paying is as follows:
1. You can negotiate with the employer first;
2. Or ask the labor union and a third party to negotiate with the employer;
3. If you do not negotiate or are unwilling to negotiate, you can find the mediation department for mediation;
4. If the mediation fails, you can apply to the local labor dispute arbitration commission for arbitration;
5. Filing a lawsuit with the court.
When a party applies for arbitration, it shall submit a written application for arbitration, and submit copies according to the number of respondents. The arbitration commission shall make a decision on whether to accept or disapprove the arbitration application within five days from the date of receipt of the arbitration application. If the arbitration commission decides to accept the application, it shall serve a copy of the statement of claim on the respondent within five days from the date of making the decision.
Where a decision is made not to accept it, the reasons shall be explained.
We hope you find the above helpful, and if you still have any questions, please consult a professional lawyer.
Legal basis.
Article 13 of the Interim Provisions on Payment of Wages.
If the employer arranges the employee to work outside the statutory standard working hours according to the actual needs after the employee has completed the labor quota or the prescribed work tasks, the employer shall pay the employee according to the following standards:
1) If the employer arranges for the employee to work longer than the statutory standard working hours in accordance with the law, the employer shall pay the employee's wages at a rate not lower than 150% of the employee's hourly wage as stipulated in the labor contract;
2) If the employer arranges for the worker to work on a rest day in accordance with the law, but cannot arrange compensatory leave, the employer shall pay the employee wages at a rate not lower than 200% of the employee's daily or hourly wage as stipulated in the labor contract;
3) If the employer arranges for the employee to work on statutory holidays and holidays in accordance with the law, the employer shall pay the employee wages at a rate not lower than 300% of the employee's daily or hourly wage as stipulated in the labor contract.
If the employer arranges an extension of working hours for a worker who is subject to piece-rate wages after completing the piece-rate quota task, he or she shall be paid wages according to the principle stipulated above, at a rate not less than % of the unit price of the piece-rate working hours of the employee.
With the approval of the labor administrative department to implement the system of comprehensive calculation of working hours, the part of the comprehensive calculation of working hours exceeding the statutory standard working hours shall be regarded as extended working hours, and the wages for the extended working hours shall be paid to the workers in accordance with these provisions.
Employees who practice the irregular working hours system are not subject to the above provisions.
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Go to the local labor inspectorate to complain about the company's illegal deduction of employees' wages. If this is not possible, then apply for labor arbitration without negotiation to protect your legitimate rights and interests.
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According to China's labor law, it is strictly forbidden to default on the wages of employees, and if employees do not receive wages, the following measures should be taken:
1. The easiest way 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.
3. The most effective is to apply for labor arbitration directly to the local labor administrative department (no fees, no lawyer), and claim compensation from the unit through the award issued by labor arbitration, and if it is not compensated, it can be applied to the court for enforcement.
4. If the labor arbitration is not accepted or the arbitration is unfair, a civil lawsuit can be filed with the court within 15 days and directly executed through the court judgment.
5. While claiming wages in the above ways, you can also request 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.
If wages are in arrears, they can report to the local labor law enforcement department, and the law enforcement inspectors of the labor department will help coordinate and solve the problem; You can also go to the labor dispute arbitration institutions in various places to apply for arbitration, and if you are not satisfied with the arbitration, you can also go to the people's court to sue and enforce it; If you can't afford to pay for a lawsuit, you can also apply for a waiver of legal fees. In short, with the help of ** and the law, you should get the remuneration you deserve.
The labor and social security departments have asked all localities to attach importance to the protection of the legitimate rights and interests of migrant workers. Make enterprises maliciously defaulting on and deducting migrant workers' wages the focus of labor security supervision and law enforcement, strictly investigate and deal with illegal acts of deducting migrant workers' wages in accordance with the law, and order employers to make up for the arrears of wages, so as to protect the legitimate rights and interests of migrant workers.
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Wages are paid monthly, and it is illegal to pay them every other month, and it is legal to pay this month's wages next month. Workers who are in arrears of wages, do not pay wages, or deduct wages 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.
If the company fails to pay labor remuneration on time, the employee can resign and ask for financial compensation. The worker may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages. If the labor arbitration award is refused to be enforced, it may apply to the court for compulsory enforcement.
Article 85 of the Labor Contract Law: In any of the following circumstances, the labor administrative department shall order the employer 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 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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I don't do it, I'm a security guard, and my monthly salary is 4200
Generally, it is opened in the third month of two months.
It is not excluded that there will be a third month that will not be opened.
If you don't open it in the third month, you can't consume it, and if you don't open it in the fourth month, I'll just leave, 10,000 yuan, it's not enough for you to hire a lawyer, let alone ask for money.
I'm looking for another job to do.
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Labor inspection complaints or labor arbitration.
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Lodge a complaint with the Inspection Brigade of the Labor Bureau.
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It is recommended that you find a person from the legal profession (lawyer) to help you defend your rights.
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You can go to your local labor office, or you can file a report.
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You can go to the Labour Inspection Brigade to lodge a complaint.
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Change jobs, don't waste time by pestering with him.
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Jia Tanchun, Ai Guan, Cui Mo, Xiao Chan.
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What should I do if migrant workers don't get their wages?
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The thirty-fifth round of General Shi's village store sent books to Xiao Li Guangliang Mountain to shoot geese.
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For private people, I didn't sign a contract, I still haven't got half a month's salary, and the boss doesn't plan to give it, at first he said it was 2800 a month, and in the end he only gave 2600 a month, and overtime pay was not given, how can I get the money as quickly as possible.
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It's been two years soon, and the boss doesn't want to give tens of thousands of yuan, and the labor bureau doesn't care, so he calls the court, and the court asks for a lawyer.
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