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The company shall also pay the wages and remuneration of the employee during the working period on time, and the wage payment period shall not exceed one month, and the arrears and deduction of wages infringe on the legitimate rights and interests of the employee, and the employee may file a complaint with the local labor inspection department or initiate labor dispute arbitration.
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Legal analysis: If the company does not pay the settlement salary, it can be dealt with as follows: 1. Negotiate and settle.
2. Report to the labor administrative department (usually the labor inspection brigade of the district where the unit is located). If the company fails to pay the employee's wages on time, the employee may terminate the labor contract at any time and immediately require the company to pay the employee's arrears of wages and 25% of the arrears of wages as economic compensation. 3. You can also apply for arbitration directly.
Legal basis: Article 18 of the Interim Provisions on the Payment of Wages Article 18 The labor administrative departments at all levels have the right to supervise the situation of the employer's wage payment. 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 wages to laborers 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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Workers are not paid wages, and there are two ways for workers to demand 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 (labor dispute arbitration committee of the human resources and social security bureau) and demand the 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 wages, you can also claim economic compensation, double wages, etc., and generally can finally solve the problem of Qingzao; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.
If the company does not pay the employee after resignation, there are many ways to solve the problem, and you can negotiate with the company to ask the company to pay the arrears of wages in a timely manner. If the negotiation fails, you can file a complaint with the relevant department. It is also possible to apply for labor arbitration or file a labor lawsuit.
Legal basis: Interim Provisions on Payment of Wages
Article 18. 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 legitimate rights and interests of a worker, the labor 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.
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Hello dear! We'll be happy to answer for you. What should I do if I can't reply to the company's salary?
Answer: Hello, dear and dear, 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" 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 Merger 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.
The Labor Contract Law of the People's Republic of China shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract and the provisions of the state. 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.
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