I didn t sign a labor contract and resigned, but the boss asked for the salary to be paid on the 15t

Updated on society 2024-05-17
12 answers
  1. Anonymous users2024-02-10

    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 the remuneration on time, the employee can apply for the termination of the labor contract and labor relationship, and demand economic 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 conclusion is refused, 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.

  2. Anonymous users2024-02-09

    Collect evidence, and if you don't pay your wages on time, you can apply for labor arbitration.

  3. Anonymous users2024-02-08

    The money will not be less, and if you don't receive it on the 15th, you will ask.

  4. Anonymous users2024-02-07

    After the probationary period, it should be able to be sent, and I once gave money to the waiter for five days

  5. Anonymous users2024-02-06

    Legal Analysis: Even if no labor contract has been signed, as long as it can be proved that there is a de facto labor relationship, it will be adjusted by the Labor Law, and if the wages of the employee are deducted, the labor administrative department shall order the employer to pay the employee's wages and remuneration, economic compensation, and may order the payment of compensation.

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

    Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

    Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

    Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

  6. Anonymous users2024-02-05

    Hello, if you don't resign and then quit, the boss doesn't give you a salary, in this case, I suggest you still resign verbally, if the boss still doesn't pay the salary, you can go directly to the local labor bureau to report.

    Except for the last paragraph of Article 38 of the Labor Contract Law, if an employee terminates a labor contract, he or she must notify the employer that he or she is absent from work, otherwise he or she can continue to count you as absenteeism, and it is okay to pay the employer every month, but the employer generally does not do so, and the salary will be deducted.

    I hope my answers can help you and have a great day

  7. Anonymous users2024-02-04

    Legal Analysis: If the employer does not sign a labor contract with the employee after joining the company, the employee may request the employer to pay double wages and severance in the event of resignation. If the boss does not pay wages, he may file a complaint with the Supervision Brigade of the Labor Bureau, submit relevant evidence, and order the employer to pay the arrears of wages and settle the wages on the day of termination of the labor contract.

    Legal basis: Article 50 of the Labor Contract Law of the People's Republic of China The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

    The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.

    The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

  8. Anonymous users2024-02-03

    Legal analysis: If the boss does not pay wages if he has not signed a labor contract, he or she can go to the security supervision brigade of the labor department to complain about Hongsheng, or he can directly apply for labor arbitration.

    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.

  9. Anonymous users2024-02-02

    Legal analysis: The labor administrative department shall order the employer to pay the wages and remuneration and economic compensation of the employee, and may also order the payment of compensation.

    Legal basis: Article 91 of the Labor Law of the People's Republic of China Where a worker's wages are deducted, 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.

  10. Anonymous users2024-02-01

    If you don't sign a contract and don't pay your salary, you will complain to the labor bureau.

    According to the first paragraph of Article 16 of the Labor Law of the People's Republic of China (hereinafter referred to as the "Labor Law"), a labor contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties.

    According to this agreement, workers join enterprises, individual economic organizations, public institutions, state organs, social organizations and other employers, become a member of the unit, undertake certain types of work, positions or positions, and abide by the internal labor rules and other rules and regulations of the employer.

    Labor contracts are an important means to promote the rational allocation of labor resources. Employers can determine the conditions and methods for hiring workers according to their deep business or work needs, and make reasonable use of labor force by signing labor contracts of different types and durations.

    An employment contract is conducive to avoiding or reducing labor disputes. The labor contract clearly stipulates the rights and obligations of the employee and the employer, which is not only a guarantee but also a constraint on both parties to the contract, which is conducive to improving the consciousness of both parties in performing the contract, and prompting both parties to correctly exercise their rights and strictly perform their obligations. This is because the conclusion and performance of labor contracts are conducive to avoiding or reducing the occurrence of labor disputes and stabilizing labor relations.

  11. Anonymous users2024-01-31

    1. The employer shall sign a written labor contract with the employee within one month from the date of employment. If the contract is not signed, the employee shall be paid twice the monthly salary for the period from the day after the completion of one month to the completion of one year, and the employee shall be paid twice the salary on a monthly basis.

    2. When an employee legally terminates the labor relationship, the employer shall pay the employee's wages in a lump sum.

    3. The above is a labor dispute, and the worker may apply to the labor dispute arbitration commission for labor arbitration.

    Legal basis: Labor Contract Law

    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.

    Interim Provisions on Payment of Wages".

    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.

    Labor Dispute Mediation and Arbitration Law

    Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they 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 a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

  12. Anonymous users2024-01-30

    As long as you can prove your employment relationship, you can apply for settlement through the labor department to fight for your rights and interests, not only to ask for full wages, but also to ask for double wages from the second month of employment.

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