How to deal with the company s arrears of wages, there is no contract, there is no salary reconcilia

The first step is to collect relevant evidence that you have worked in the company, labor contracts, work documents, work photos, work records, etc., the more the better, the more beneficial it is for you, if you have not signed a labor contract, you can ask for compensation of double wages every month, if you have worked for one year, there is no more, and the law acknowledges that you have signed the contract.

The second step is to go to the labor supervision brigade or squadron to submit evidence, because the labor bureau will not accept it as soon as possible, but to go to the labor supervision brigade to complain first, and let the labor supervision brigade mediate, it is not mandatory, you can only go to the company to mediate, so that the company knows the seriousness of the arrears, if the mediation is successful, the salary can be recovered, if the mediation is unsuccessful, you can only proceed to the next step.

The third step is to go to the labor bureau to apply for labor arbitration, first go to the industrial and commercial bureau to print the company's information, ask the industrial and commercial bureau to stamp, and then copy the evidence in duplicate again, fill in the online ** application form according to the requirements of the labor bureau, fill in the relevant information, and file the case with the labor bureau.

After the labor bureau files the case, it generally has to wait for about 20 days, and the labor bureau will conduct an investigation, which is mandatory, so it will conduct a series of audits, and then you can ask for a series of compensation, including double wages, social security and the like. When the labor bureau reviews the end, if the salary has not been paid, it will be processed.

Free legal advice platform - Legal Express.

Work permit, colleague references, punch-in records.

You can first negotiate with the company's leaders and ask for the arrears of wages. If the negotiation with the company fails, then go to the local labor inspection brigade to complain, inform the person in charge of the company**, let the labor inspection brigade deal with it, and the general problem can be solved here.

According to the law, as long as the employer has engaged in employment and formed an employment relationship with the employee, even if the employee has not signed the labor contract, the employee enjoys all the rights stipulated in the labor law, and the employer also bears various obligations under the labor law.

If the employer does not sign a labor contract, the employee may file a complaint with the labor inspection department, and once it is verified, the labor administrative department may order the employer to make corrections and may impose a fine.

If the employer deliberately delays the conclusion of the labor contract (including the failure to renew the labor contract in time after the expiration of the labor contract), resulting in the loss of wages, work-related injuries, medical treatment and other benefits, the employee shall be liable for compensation in addition to the liability in accordance with the law, and shall also pay an additional compensation fee of 25%. The labor administrative department may also order the employer to pay compensation, impose administrative penalties, and so on.

Legal Analysis: It is illegal not to sign an employment contract, and you can ask the employer to pay double wages for up to 11 months. In terms of evidence, it is sufficient to prove the employment relationship, such as pay slips, punch-in records, tooling, work information, colleague testimony, etc.

Wages shall be paid in accordance with the contract, including basic salary, bonuses, allowances, commissions and other expenses. It is illegal to pay wages in arrears or withholding, and you can demand full payment. More than 15 days after the salary payment date agreed in the contract is considered arrears.

The company's wage arrears can be resolved in the following ways:

First of all, first go to the company leaders to negotiate and ask for the arrears of wages. If the company continues to default, ask the reason for the default, and if it is because the company is temporarily unable to turn around, ask the company to issue an IOU.

Secondly, if the negotiation with the company is fruitless, then go to the local labor inspection department to file a complaint and let the labor inspection brigade deal with it, and the general problem can be solved here.

Finally, if the labor inspection team fails to deal with it, then it is necessary to collect relevant evidence and go to the local labor arbitration commission for labor arbitration.

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.

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.

If the employer does not sign a labor contract and arrears the wages of the employee, the employee may claim wages from the employer in the following ways: negotiate with the employer; lodge a complaint with the labor administrative department; apply for mediation with a mediation organization; Apply to the Labor Dispute Arbitration Commission for arbitration; He refused to accept the arbitration award and filed a lawsuit with the people's court.

[Legal basis].

Article 5 of the Labor Dispute Mediation and Arbitration Law provides that 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 Committee for arbitration; If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court, except as otherwise provided for in this Law.

Labor laws require a day of work to be paid. Arrears of wages can be made to the Labor Bureau. The investigation of violations of labor security laws, regulations or rules by the administrative department for labor security shall be completed within 60 working days from the date on which the case is filed; If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.

1. Under what circumstances can you sue the Labor Bureau?

If an employer violates labor security laws and regulations, it may report to the Labor Bureau.

Article 9 of the Regulations on the Supervision of Labor and Social Security stipulates that any organization or individual has the right to report to the administrative department for labor and social security any violation of the law, rules or regulations of the Labor Security Law.

The administrative department for labor and social security shall keep the informant confidential; Whistleblowers who report truthfully and provide major clues and evidence for the investigation and punishment of major violations of labor security laws, regulations or rules will be rewarded.

2. Failure to pay wages for several months is not considered a violation of labor law.

With regard to the payment of wages, China's laws and regulations mainly make the following provisions: China's "Labor Law" stipulates that "wages shall be paid to the workers themselves in the form of money on a monthly basis. The wages of the employee shall not be deducted or owed without reason", and "monthly payment" means that the wages shall be paid in the form of monthly wages and shall also be paid monthly, so the employer shall settle the wages within 30 days after the end of the natural month, and more than 30 days shall constitute wage arrears.

If the employer is unable to pay wages on time due to difficulties in production and operation and its capital turnover is affected, it may postpone the payment of wages to the employee within one month after consultation with the labor union of the unit. The time of deferred payment of wages shall be notified to all workers and reported to the competent department for the record, and if there is no competent department, it shall be reported to the city, district or county labor and social security administrative department for the record. The Interim Provisions on Payment of Wages stipulate that "wages must be paid on the date agreed between the employer and the employee.

In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wages may be paid on a weekly, daily, or hourly basis." Generally, the specific date of payment is agreed by both parties, and there is no mandatory provision in the law.

Then, as long as the employer pays once a month, it is legal, and there are no strict rules as for the current month or the previous month, so as long as your employer pays your salary on time, even if it is paid in the next month, it is in accordance with the law.

Article 9 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China stipulates that if an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with law.

Legal Analysis: Labor law stipulates that you must be paid for a day's work. Arrears of wages can be made to the Labor Bureau.

The administrative department for labor and social security shall complete an investigation into the conduct of the employee in violation of labor security laws, regulations, or rules within 60 working days from the date on which the case is filed; For complicated situations, an extension of 30 working days may be granted with the approval of the person in charge of the administrative department for labor protection.

Legal basis: Article 9 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or owes medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with the law.

If the company is in arrears of wages and has not signed a contract, it can negotiate with the employee first, and if the negotiation fails, it can apply for labor arbitration. Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Article 91 of the Labor Contract Law stipulates that if an employer infringes upon the legitimate rights and interests of an employee in any of the following circumstances, the labor administrative department shall order the employer to pay the employee's wages and remuneration and economic compensation, and may also order the payment of compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages and remuneration for extended working hours;

3) Paying wages to workers lower than the local minimum wage standard;

4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

Article 79 of the Labor Law After a labor dispute occurs, the parties may apply to the labor dispute mediation committee of their unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly 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.

[Legal basis].Article 79 of the Labor Law of the People's Republic of China After a labor dispute occurs, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration.

If the applicant is not satisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Article 91 of the Labor Law of the People's Republic of China Where an employer infringes upon the lawful rights and interests of a worker under any of the following circumstances, 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 as soon as possible: (1) the employee is deducted or in arrears of wages without reason; 2) Refusal to pay wages and remuneration for extended working hours; 3) Paying wages to workers lower than the local minimum wage standard; 4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

Legal analysis: If the company has not signed a labor contract, the employee can claim to pay twice the monthly salary for one month and less than one year from the date of employment. If the company is in arrears, the employee can report and complain to the labor inspection department, or apply to the labor arbitration commission for labor arbitration.

Legal basis: Labor Law of the People's Republic of China Article 91 If an employer infringes upon the legitimate rights and interests of a worker under any of the following circumstances, 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: (1) deducting or arrears of the worker's wages without reason; (2) Refusing to pay wages and remuneration for the laborer's extended working hours; 3) Paying wages to workers lower than the local minimum wage standard; 4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

1. If there is no contract and wages are not paid, the handling methods are as follows:

1) In the event of a dispute over the arrears of wages, the employee shall first request the employer for payment and take the initiative to communicate and negotiate with the employer;

2) If it is impossible to negotiate with the employer or the negotiation is still invalid, the employee may, within one year from the date of termination of the labor relationship, initiate arbitration with the labor dispute arbitration commission at the place where the employer is located or where the labor contract is performed and started;

3) If the employee is not satisfied with the result of the labor arbitration, he or she may file a lawsuit with the court where the arbitration institution is located within 15 days from the date of receipt of the arbitration award.

2. Legal basis: Article 11 of the Labor Contract Law of the People's Republic of China.

The following employment contracts are invalid:

1) Labor contracts that violate laws and administrative regulations;

2) Labor contracts concluded by means of fraud, threats or other means. An invalid employment contract is not legally binding from the moment it is concluded. If it is confirmed that part of the labor contract is invalid, the remaining part shall remain valid if it does not affect the validity of the remaining part.

The invalidity of the labor contract shall be confirmed by the labor dispute arbitration commission or the people's court.

2. What are the requirements for the validity of the contract.

The requirements for a contract to be valid are:

1. The actor has the civil capacity to conclude the contract;

2. The intention of both parties to the contract is true;

3. The conclusion of the contract does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.