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If the employer defaults on its wages without reason, the employee may file a complaint with the local labor inspection department or apply for labor arbitration.
If wages are not paid in a timely manner, there are two ways to claim wages:
1. Workers can complain to the local labor 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 local labor bureau and demand payment of wages. If you do not have an employment contract, you can also 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.
Legal basis: Provincial wage payment regulations. For example:
Article 13 of the Regulations of Guangdong Province on the Payment of Wages Article 13 Where an employer terminates or dissolves a labor relationship with an employee in accordance with the law, it shall settle the settlement and pay the employee's wages in a lump sum on the day of termination or dissolution of the labor relationship.
Article 33 of the Provisions on the Payment of Wages by Enterprises in Shandong Province Where an enterprise dissolves or terminates a labor contract with a worker in accordance with the law, the enterprise shall pay the wages due to the worker in a lump sum when the labor contract is dissolved or terminated.
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Legal: What should I do if my boss owes me wages?
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Article 85 of the Labor Contract Law stipulates that 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, the employer shall be ordered to pay additional compensation to the employee at the rate 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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The company's withholding of deposits and arrears of workers' wages is itself illegal! You can take the evidence to complain directly to the local labor bureau, or through ****.
Of course, things can be resolved through negotiation, and if you really haven't handed over clearly, you can also accommodate each other in line with the principle of getting together and dispersing. As a company finance officer, you should have a clearer understanding of the company's operations than other employees, and weigh up which way to handle this matter more appropriately.
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Go to the labor bureau and sue them. Effective.
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What should I do if my boss owes my wages? You can go to the labor office to file a complaint.
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Employees who are owed wages can first file a complaint with the labor inspection department, or they can directly apply for labor arbitration.
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Legal: What should I do if my boss owes me wages?
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Resolve with your local labor arbitration institution.
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What should I do if my boss owes my wages? You can go to the labor office to file a complaint.
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Legal: What should I do if my boss owes me wages?
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It is recommended that you go directly to the labor inspection department, if it is not possible, go directly to the court, generally there is a labor security in the local area, and the labor bureau will still give the majority of working people the decision.
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What should I do if my boss owes my wages? You can go to the labor office to file a complaint.
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If you do not sign a labor contract, the employer shall pay you double your salary, make up social security and pay economic compensation from the second month. The key point is evidence, which requires evidence that you have an employment relationship with the employer. As for the amount of time worked, the principle of "reversal of the burden of proof" can be used, and it will be issued by the employer at the time of arbitration or litigation, because everyone who works in a place should fill out an entry form.
This also proves your working hours, you also have to sign your salary, and the payroll form should also be issued by the employer, which proves your monthly income status.
Reversal of the burden of proof" is widespread in the field of labor law. Article 6 of the Law on Mediation and Arbitration of Labor Disputes stipulates that "in the event of a labor dispute, the parties shall have the responsibility to provide evidence for their claims.
If the evidence related to the disputed matter is in the possession and management of the employer, the employer shall provide it; If the employer does not provide it, it shall bear the adverse consequences. Paragraph 2 of Article 39 stipulates that: "If the employee is unable to provide evidence related to the arbitration claim that is in the possession and management of the employer, the arbitral tribunal may require the employer to provide such evidence within a specified time limit."
If the employer fails to provide it within the specified time limit, it shall bear the adverse consequences." Article 13 of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases clearly stipulates that the employer shall bear the burden of proof in the event of a labor dispute arising from an employer's decision to dismiss, dismiss, dismiss, terminate the labor contract, reduce the labor remuneration, calculate the employee's working years, etc.
The Ministry of Labor and Social Security's Circular on Matters Concerning the Establishment of Labor Relations stipulates that "the burden of proof shall be borne by the employer for wage payment vouchers, social security records, recruitment registration forms, registration forms, and attendance records".
It is recommended that you take an hour to read the "Labor Law", "Labor Contract Law" and "Regulations for the Implementation of the Labor Contract Law", so that you can know what aspects the employer has violated your rights and interests, and can more comprehensively protect your legitimate rights and interests, which will benefit you for a lifetime.
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Legal: What should I do if my boss owes me wages?
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z directly to the boss, the boss does not give it to the labor inspection department! Or go directly to the local labor arbitration commission for mediation! If you can't do it, sue!
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Find a local labor arbitration commission to solve it!
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What should I do if my boss owes my wages? You can go to the labor office to file a complaint.
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Go to the Department of Justice to find legal aid!
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Legal: What should I do if my boss owes me wages?
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If you don't sign a contract, you may suffer from the legal way, and it is best to put forward opinions to your superiors with the company's internal employees and strive for a proper solution!
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Hurry up and leave, change homes and sign contracts to buy insurance units.
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You can consult with the Labor Bureau.
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What should I do if my boss owes my wages? You can go to the labor office to file a complaint.
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Legal: What should I do if my boss owes me wages?
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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 Security Supervision Regulations" and order it to pay the arrears of wages. 2. According to 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 court for a payment order in accordance with the law, and the court shall issue a payment order in accordance with the law. 3. Apply for labor arbitration directly to the local labor administrative department (no fee, no lawyer), and claim compensation from the unit through the award issued by the labor arbitration, and if you still do not pay compensation, you can apply 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.
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First, collect evidence of your employment relationship with the employer (labor contract, employment form, salary schedule, meal card, time card, etc.) and file a complaint with the local labor department. According to Article 38 of the Labor Contract Law, an employee may terminate a labor contract under any of the following circumstances: (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; (3) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations.
If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer. 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; (2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.
Article 85 stipulates that 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 specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay the employee 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;
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Prosecution, according to the labor law, first to the labor arbitration department, not to go to the court here, this is the basic procedure... The premise is that the name of the subject of the prosecution must be accurate; The other is to find the arrears of the voucher and other related information. . .
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Many people ask such questions and recommend going to the labor office, but it takes too long, and if the salary is small, it is often ineffective and wastes your time. Please underworld is a crime. I think if the money is not a lot of wine, forget it, leave and start over.
If the employer is in arrears of wages, the employee can file a complaint with the labor administrative department or directly apply for labor arbitration. If you complain to the labor administrative department, you should go to the labor inspection brigade in the urban area to complain about the company's wage arrears, and the labor inspection brigade will accept it, leave the relevant information of the complainant, and then contact the complained company to investigate and understand, if the situation is true, the labor inspection brigade will come forward to mediate, and require the complained company to correct its violation of the labor law and other relevant laws and regulations within a time limit, if the company refuses to implement, the labor inspection brigade will apply to the court for compulsory enforcement, and punish the unit. Wage arrears are a common problem that employees can solve with the following methods: >>>More
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