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There are many compensation involved in labor disputes, including the following:
1. If the employer has not signed a labor contract, the employer may be required to pay double wages;
2. If the employer fails to pay social security, it may request the employer to make up the social security or compensate in cash;
3. If the labor contract relationship is terminated illegally, the employer may be required to pay double the economic compensation, that is, compensation;
4. If the employer proposes to terminate the labor contract relationship, it is legally terminated, and the employer may be required to pay economic compensation;
5. If overtime is not paid for overtime, the employer may be required to pay overtime pay;
6. If the employee has not taken annual leave or statutory holidays, the employer may be required to pay three times the salary;
7. It is illegal to collect deposits and certificates, and the employer must return them.
If you have a job, you need to pay labor remuneration, so you can ask for the wages that the employer should pay but did not pay through legal channels, and choose the following corresponding legal channels to solve the problem.
1. If you work for an employer, there are two ways to ask for wages:
1. You can go to the local labor bureau to complain about the 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.
2. If you are working for an individual, which is not considered an employment relationship, you can directly go to the court to sue the individual boss and demand payment of labor remuneration.
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Have you met an old man? This kind of unreliable work should be kept away, if you are thick-skinned enough, you will spend it with him, go to him every day to pester him, he goes**you go**, anyway, you don't quarrel with him and don't fight with him, just consume him, if you can't call the police, arrears of wages, and give him 15 days of work for nothing, what good thing do you think? You're an excavator driver, why do you do something that doesn't belong to an excavator driver.
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You try to hit the mayor, and you can see if there is such a department as human resources arbitration in the local area, and if there is, you can go to the department of human resources arbitration to complain.
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If there is no labor contract, the Ministry of Labor and Social Affairs issued No. 12 2005 "Notice on Matters Concerning the Establishment of Labor Relations" makes the following provisions, you can refer to:
1) Vouchers or records of wage payment (employee payroll roster) and records of payment of various social insurance premiums;
2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;
3) The employer recruits workers filled in by the worker.
Recruit. "Registration form", "registration form" and other recruitment records;
4) Attendance records;
5) Testimony of other laborers in the state of the acre, etc.
Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).
In accordance with the provisions of Article 5 above, the testimony of colleagues may also testify.
You have not worked for a month, but you have already worked and you can be paid according to the labor law.
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If your boss doesn't pay you, you can do the following:1Communicate with the owner:
Submit to labor arbitration: If the problem cannot be resolved through negotiation, it can be resolved through labor arbitration. Labor arbitration is a non-contentious method that is mediated by a professional arbitration institution.
If the labor arbitration fails to resolve the issue, you can file a lawsuit with the people's court to demand payment of unpaid wages and related expenses, and provide corresponding evidence.
Excuse me, what should I do if my boss doesn't pay me!
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If your boss doesn't pay you, you can do the following:1Communicate with the owner:
Submit to labor arbitration: If the problem cannot be resolved through negotiation, it can be resolved through labor arbitration. Labor arbitration is a non-contentious method that is mediated by a professional arbitration institution.
If the labor arbitration fails to resolve the issue, you can file a lawsuit with the people's court to demand payment of the arrears of wages and related expenses, and provide corresponding evidence.
Either way, it is necessary to retain relevant evidence and materials, such as labor contracts, payslips, correspondence and remorse, overtime records, etc., so that they can be used in the process of rights protection. At the same time, when carrying out rights protection actions, it is also necessary to understand the relevant laws, regulations and procedures to protect their legitimate rights and interests.
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If the boss does not pay the wages, the worker may file a complaint with the local labor administrative department, which will order the payment of labor remuneration within the time limit; may apply to the local people's court for a payment order in accordance with the law; You may apply to the Labor Dispute Arbitration Commission for arbitration.
1. Does the summer vacation work law pay off the accounts?
Yes. If wages are in arrears, you can file a complaint with the local labor law enforcement inspection brigade and order it to pay the arrears of wages. 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.
You can also apply for labor arbitration directly to the local labor administrative department, 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.
2. Enterprises are in arrears of wages.
If wages are in arrears, the worker can file a complaint with the labor inspection within the local human resources and social security bureau; or apply to the labor dispute arbitration committee within the local human resources and social security bureau for arbitration and demand payment of wages. The labor administrative department will order the employee 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.
3. What should I do if I leave my job without signing a contract and not being paid a salary?
Summer workers do not sign a contract and leave without pay, and the specific way to deal with it needs to be analyzed according to the situation:
1. If the worker is working for the employer, the worker can file a complaint with the local labor bureau for labor inspection;
2. You can apply for arbitration at the local labor bureau and demand payment of wages.
3. 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 demand payment of labor remuneration.
It is illegal for the company to pay back wages after leaving the company. According to the provisions of the Labor Contract Law, the company has the obligation to pay wages to employees on time and as agreed. If the company fails to fulfill this obligation, it is against the law.
If the company fails to pay wages within the time limit, the labor administrative department shall order the employer to pay additional compensation to the employee at the rate of 50% to 100% of the amount payable.
Article 5 of the Law of the People's Republic of China on Arbitration and Mediation of Labor Disputes.
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; Except as otherwise provided in this Law, a person who is dissatisfied with the Yinlakai arbitral award may file a lawsuit with the people's court.
Article 9. If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears in arrears in medical expenses, economic compensation or compensation for work-related injuries, the worker may appeal to the labor administrative department for complaints, and the labor administrative department shall handle the matter in accordance with law.
Article 30 of the Labor Contract Law of the People's Republic of China.
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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In reality, what should I do if my boss owes me wages and doesn't pay them? The main solutions are as follows:
1. Ask the boss to write an IOU, indicating how long the salary has not been paid, and how much money is paid every day, so as not to have no voucher when asking for wages in the future.
2. Soft grinding and hard bubbles and the boss want, such as living without money, children need money to study, etc., to put it pitifully, as long as the boss gives money.
3. If the boss owes a lot of wages, everyone should unite and go to the boss's office together, especially when the boss talks about business, because the boss can't lose face in front of customers, and will generally give money to settle things.
4. Adopt the method of stoppage to let the boss pay the arrears of wages, and the boss can't watch his company stop production, so the problem of workers' wages must be solved.
5. Knowing that the boss lives in **, you can go to the boss's house to ask for it, and the boss is generally reluctant to let workers come to the house to ask for money, so this method is very effective.
6. Report to the labor inspection brigade, and it will generally be resolved.
7. Apply for arbitration at a labor arbitration institution.
8. If you are not satisfied with the arbitration result of the labor arbitration department, you can file a lawsuit in the court within 15 days.
In short, if the boss does not pay the salary, the demand is not settled, and the worker has better to complain to the local labor inspection brigade, if it cannot be resolved, he can apply to the local labor arbitration commission for labor arbitration. Find the best way to defend yourself!
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Why don't you pay your salary, don't believe it.
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If there is still no labor contract, then it will bear the legal responsibility, and if the worker wants to protect his rights and interests, he must go through the legal procedure, so that he can get back his own wages, so he must know how to protect his own rights and interests.
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Bring the employment contract to the HRM to complain.
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If the boss is in arrears of wages, first negotiate with the boss to settle it, and if the negotiation fails, you can complain to the local labor bureau. You may also apply for labor arbitration, and if you are not satisfied with the arbitral award, you may file a lawsuit with the people's court.
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You have to prove that the boss still owes you wages, otherwise you don't want to go back, just spend the New Year at the boss's house. **12333 is the national unified labor inspection and security agency for consultation, reporting and complaints**.
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10 yuan, take care of your boss The boss does not pay wages, does not pay social security, does not pay overtime pay, etc., in addition to being troublesome, workers are afraid of spending money to fight lawsuits, here, lawyer Pan can clearly tell you, first of all, labor arbitration is free.
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Is there a labor contract? It's more reliable to find a TV station. The labor bureau may have been bribed, and the society is very black.
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Call the police... This kind of laipi is really shameless!
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Hit ** to go to Shandong TV station, 8881234. Reflect on the situation.
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Call the police, find the industrial and commercial bureau, and go to court.
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It's better to find a lawyer to give you advice!
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You file a complaint with the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the "Labor and Social Security Supervision Regulations" in accordance with the law, and order it to pay the arrears of wages.
In accordance with 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.
The most effective way is to apply for labor arbitration directly to the local labor administrative department, and through the award issued by the labor arbitration, claim compensation from the unit, and if the compensation is not paid, you can apply to the court for enforcement.
While claiming wages through the above means, you may also request the employer to pay you additional compensation according to the standard of between 50% and 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law.
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1. If you complain to the labor and social security administrative department (labor inspection brigade), the labor inspection brigade will order you to pay within a time limit, and if you fail to pay within the time limit, you may request additional compensation, and the compensation standard shall be between 50% and 100% of the amount payable.
2. Apply to the labor dispute arbitration commission at the place where the employer is located or the place where the labor contract is performed for labor arbitration on the grounds of failure to pay wages in full and on time, and request the termination of the labor relationship and the payment of wages and economic compensation. If you still want to maintain the employment relationship, you can only ask for payment of wages.
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If this happens, you should work with other workers who are in arrears of wages to collect and retain specific facts and conclusive evidence of wage arrears, and send representatives to the local labor inspection department with jurisdiction to report and complain, and ask them to help you collect the arrears of wages. If the problem is still not resolved or you are not satisfied with the outcome, file a lawsuit in court. Be careful to remain calm and restrained, and do not engage in other conflicts with the other party with excessive behavior.
Finding the labor inspection department to help collect wages is the first choice for collecting arrears of wages due to low cost, short time and simple procedures.
Any effort should be rewarded, and I mean work, since you are an intern, even if the pay is very low, you can't do without. You can negotiate the basic salary with the boss, and then there will be a commission after making achievements. The internship period also depends on the size of your company and the importance of your position, which is estimated to be between 800-1200.
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Pay the salary, the boss actually came to ask you if the salary is enough, then you can tell the truth, if the salary is enough, you will say enough, if it is not enough, just say how much worse.
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