-
Lodge a complaint with the Labor Inspection Brigade or apply for labor arbitration.
When an employee legally terminates a labor contract, the employer shall pay the employee's wages in a lump sum.
If the employer fails to pay, the worker may file a complaint with the labor and social security administrative department (labor inspection brigade), and the labor inspection brigade shall order the employee to pay within a time limit.
When making a complaint, a copy of the applicant's ID card and evidence of the relevant arrears of wages should be provided. or apply to the Labor Dispute Arbitration Commission for labor arbitration. A written application for arbitration (2 copies) shall be submitted at the time of application; List of evidence and corresponding evidence materials (2 copies), the main evidence materials are labor contracts, salary bank statements; Copy of ID card (1 copy).
Legal basis: Article 9 of the Interim Provisions on Payment of Wages When both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum when the labor contract is dissolved or terminated.
Article 50 of the Labor Law 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 85 of the Labor Contract Law 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 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.
Article 5 of the Labor Dispute Mediation and Arbitration Law 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.
-
to local labor arbitration.
-
1. Complain to the labor inspection brigade. If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, the worker may file a complaint with the Ministry of Labor Administration, and the labor administrative department shall handle the matter in accordance with the law.
2. Labor arbitration. 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, or if they are unwilling to mediate, fail to mediate, or fail to perform after reaching a mediation agreement, they may apply to the labor dispute arbitration commission for arbitration; If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
3. Filing a lawsuit with the court. If the employee has an IOU, he or she may file a civil lawsuit with the court with his ID card, household registration booklet, IOU, complaint and a copy, and the court orders the employer to pay the arrears, but the employer still fails to pay, the worker may apply to the court for compulsory enforcement within two years after the expiration of the time limit specified in the judgment.
4. If the employer is in arrears or fails to pay the remuneration of the laborer's head and friend, 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.
-
Legal Analysis: If the employer refuses to pay the employee's wages when the employee's resignation expires, the employee may file a complaint with the local labor inspection department or apply for labor arbitration.
1. If you work for an employer, there are two ways to ask for wages:
1. Workers can file a complaint with the local labor bureau for labor inspection.
2. You can apply for arbitration at the local Luhua Labor Bureau (Labor Dispute Arbitration Committee of the Human Resources and Social Security Bureau) and ask for payment of wages. If you do not have an employment contract, you can demand double the wages of the unsigned employment contract. If the employment relationship is terminated on the basis of arrears of wages, Bi Yan can also be required to pay economic compensation.
2. If it is a job for an individual, it is not considered a labor relationship, and you can directly go to the court to sue the individual boss, and ask for payment of labor remuneration.
Legal basis: 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.
-
If the employer refuses to pay the employee's wages when the employee's resignation expires, the employee may file a judgment lawsuit with the local labor inspection department or apply for labor arbitration. 1. If you work for an employer, there are two ways to request payment of wages: 1. The worker can file a complaint with the labor inspection of the local labor bureau of the rented bank.
2. You can apply for arbitration at the local labor bureau (Human Resources and Social Security Bureau, Labor and Social Security Bureau, Labor and Social Security Dispute Arbitration Committee) and ask for payment of wages. If you do not have an employment contract, you can demand double the wages of the unsigned employment contract. If the labor relationship is terminated on the basis of arrears of wages, you can also request the payment of economic compensation.
2. If it is a job for an individual, it is not considered an "employment relationship", and you can directly go to the court to sue the individual boss and demand payment of labor remuneration. Article 2 02 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China 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, work-related injuries, medical expenses, economic compensation or compensation, etc.; (6) Other labor disputes as stipulated by laws and regulations.
Article 50 of the Labor Law 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.
There is only a de facto employment relationship, and there is no such thing as a "de facto employment contract". >>>More
Half a month's salary is calculated as follows: the actual salary paid by the employee and the number of days of actual attendance. >>>More
If an employee resigns, the employer shall pay the employee all wages in a lump sum when the labor contract is terminated. It is illegal to delay the payment of wages for one month. >>>More
The analysis is as follows: 1. This situation should not be deducted from wages by the employer; Because the employee resigns normally, it is illegal for the employer to deduct wages. >>>More
Don't listen to the intermediaries, they pick the skins of the crew. Don't listen to the deception of state-owned enterprises, they suck the blood of the crew. At present, the domestic second mate private ships are basically 17,000-18,000. >>>More