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There are three ways for employees to request payment of wages for the employer's unjustified wage arrears: 1. The employee can file a complaint 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; Cons:
Applying for labor arbitration is a labor lawsuit, which has a slightly more procedure and requires 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 Labor Dispute Mediation and Arbitration Law 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 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.; Article 50 of the Labor Law stipulates that 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 stipulates that labor administrative departments at all levels have the right to supervise the payment of wages by employers.
If an employer commits any of the following acts that infringe upon the lawful 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) deducting or delaying the worker's wages 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.
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If you leave your job and take the payment, the employer can call the police, and the illegal unit does not pay wages, and you can go to the labor inspection department to complain to the unit or apply for labor arbitration to notify the employer to resign on the grounds that the employer does not pay wages in time and in fullArticle 38 of the Labor Contract LawArticle 38 of the Labor Contract LawIf the employer has any of the following circumstances, the employee may terminate the labor contract: (1) Failure to provide labor protection or working conditions in accordance with the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker: (1) the worker terminates the labor contract in accordance with the provisions of Article 38 of this Law; Article 47 Economic compensation shall be paid to the laborer according to the standard of one month's salary for each full year of the worker's service in the unit.
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. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.
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After working for four months, I gave 1000 and collected a deposit of 1000, which is really a garbage company
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It can't be established: as long as your company's system has a reason to write: the final salary can only be settled after the employee leaves the company, there is no problem.
You can notify the employee to come to the resignation procedure, and the salary can be settled only after the completion of the resignation. Leave a call log and so on. You tell him that there is no resignation formalities and you can't confirm whether you owe money to the company or any other job handover.
The company can't confirm when you left the company, so you didn't pay the payroll. It is for the accuracy of the salary. We've had cases like this before.
At that time, it was an application for arbitration, and it was finally dismissed.
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You can go and complain to the Labor Bureau!
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It turns out that you have to hand over the card when you punch in?
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You shouldn't have left your job in the normal way, you have to get your hard-earned money back, that's what you deserve.
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I'm so sorry! Your question is not confirmed!
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Love? How can it be resistant?
Anyway, I'm going to take the midterm exam this afternoon to call for the history of the government.
To put it simply, it is.
Probably not, I don't know if there is any situation, so I have to postpone it again?
If this is the case, I suggest that you wait when you are not in a hurry to use the money=v= If you don't open a bonus, then it is also a wait, and now many Hengshou company bonuses have to be delayed.
If he is very powerful and tells you that he just doesn't pay anything, you have to use the law of chain numbers to protect yourself, first look at your contract, is there a non-payment of wages in the contract?
If not, then tell him, don't force you to appeal.
Well, in short, you have to calm down
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1. In the case of arrears of wages by the employer, the employee shall first negotiate with the employer, and if the negotiation cannot be resolved, the employee can resolve the matter through the following legal means:
1) Complain and report to the local labor and social security inspection agency;
2) To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application should be submitted to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute;
3) Resolve through litigation. This is divided into three situations: first, for labor dispute cases, if any party is dissatisfied after labor arbitration, it can file a lawsuit with the court; Second, if the employer does not enforce the labor arbitration award after the labor arbitration award takes effect, the employee may apply to the court for compulsory enforcement; Third, those who belong to the category of labor arrears can directly file a civil lawsuit with the court.
2. It should be particularly pointed out that when encountering a situation in which rights and interests such as arrears of wages are infringed, we must not resort to such radical acts as seizing goods, climbing buildings, blocking roads, and other drastic acts and violence, and we must rely on legal means to solve the problem. Otherwise, impulsiveness will not only be useless, but may also be held accountable for violating the criminal law.
3. 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.
2) Article 17 of the Regulations on the Supervision of Labor and Social Security: The investigation of violations of labor security laws, regulations or rules by the administrative department of labor security shall be completed within 60 working days from the date of filing the case; If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.
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As an OPPO employee, our salary is mainly in three aspects: salary, shareholding, and year-end bonus. Many of our colleagues do not pay attention to wages, but value year-end bonuses; It's not that our basic salary is not high, on the contrary, the daily basic salary is also very high, but the year-end bonus is even more considerable; The year-end bonus is our main salary**, as long as your performance is good enough.
At the same time, we advocate benefit sharing within OPPO and full stock ownership, which is also part of the income of employees. So as long as you join us at OPPO, salary is definitely not a problem.
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This factory can't enter, from the moment you fill out the form and prepare to enter the company, you are ready to suffer all kinds of grievances, this kind of factory really can't enter, it's 2019 or this management model, this kind of factory is really shameless, it's hard to quit, and the management is inhumane, even if you are seriously ill and don't work overtime on Saturday, you have to be counted as absenteeism.
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It is recommended that you try to solve the problem through legal means. Prepare evidence of the de facto employment relationship, and you can go to your local labor department to file a complaint or apply for arbitration.
The specific unpaid wages resolution process is provided below, I hope it will be helpful to you:
1. 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" of Tanran, and order it to pay He Liang's arrears of Chan Xinkuan's 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.
Recommended visit. You can also consult with a legal professional in the field of employment and get advice from a lawyer.
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It stands to reason that a regular company can not be in arrears of employee wages, in this case, I think you can first reflect the situation with your supervisor, please ask the leader to the financial department to help coordinate and solve it, to see what kind of feedback the leader gives, if the leader still ignores this matter, then you take other measures, in short, solve it calmly.
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You can go to your local labor inspectorate to complain.
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Are you selling OPPO mobile phones, if it is an offline store dealer, you should find the owner of your store.
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Generally, the company has basic benefits, such as five insurances and one housing fund, annual leave, maternity leave, paternity leave, ......OPPO also has its own unique benefits, such as a biennial company tour: a five-day double-fly paid easy tour; Every year, special festivals such as the Mid-Autumn Festival and Dragon Boat Festival will issue exclusive gifts; Snacks and fruits are provided for overtime after 21:30 or overtime on weekends; The company also regularly organizes single networking activities, basketball games, football games and other development activities, after all, our entire company, young people account for a large number, so there are a lot of benefits for our young people.
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The treatment is very good, and it is the top among similar companies in China. OPPO employee income, monthly salary and equity, usually subsidies, and year-end bonuses at the end of the year. The year-end bonus is particularly generous, and many people have used the year-end bonus to buy a house and a car.
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You talk about it according to your personal strength.
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