Wages with IOUs, can you write IOUs if you owe wages

1.It is recommended that the parties collect direct evidence such as IOUs, IOUs, receipts, etc., and if they do not, collect evidence such as witnesses, ** recordings, emails, text messages, and bank transfer records, and then file a lawsuit with the court as soon as possible to demand repayment. Because once the two-year statute of limitations has expired, the debtor has the right to defend against the statute of limitations, and the debtor does not have to pay off the debt.

2.If the facts of the case are clear and the evidence is credible and sufficient, the judge will accept the opinion and rule in favour. After winning the case, if one party fails to fulfill the court's judgment within the performance period specified in the judgment, the other party should apply to the court as soon as possible to enforce the other party's property.

Because the statute of limitations for applying to the court for enforcement is within 2 years after the judgment takes effect.

3.When the court accepts the compulsory enforcement, it will inquire about the real estate, vehicles, ** and deposits in the name of the debtor in accordance with the law, but more property clues and evidence still need to be provided by the parties.

4.If the party subject to enforcement has no property in its name that can be used for enforcement and refuses to perform the effective judgment of the court, the party subject to enforcement will have negative information such as overdue repayment recorded in the individual's credit report and integrity file.

In this way, the party subject to enforcement will be restricted from bank lending and other financial services, and the party subject to enforcement may also be restricted by the court from high consumption and entry and exit, and may even be subject to judicial detention.

5.If the party subject to enforcement has the ability to enforce but refuses to enforce the effective judgment of the court, then it is suspected of constituting the crime of "refusing to enforce the judgment or ruling": if the party has the ability to enforce the judgment or ruling of the people's court but refuses to do so, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine.

Legal analysis: Once the IOU is issued, the legal relationship between the two parties on wage arrears has changed, which was originally an employment relationship, but after the IOU is issued, it will become an ordinary legal relationship of arrears, and the employee can directly sue the court with the IOU, and no longer need to go through labor arbitration. Therefore, try not to write an IOU in arrears of wages, and it is very troublesome to protect rights in the later stage.

If the employer is in arrears of wages, it can file a complaint with the labor inspection brigade, which will order the employer to pay the wages of the employee within a time limit.

Legal basis: Civil Code of the People's Republic of China

Article 667: A contract is a contract in which the borrower borrows money from the lender and returns the loan and pays interest when due.

Article 668:Contracts shall be in written form, unless otherwise agreed upon in the borrowing between natural persons.

The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.

Article 669 When entering into a loan contract, the borrower shall, as required by the lender, provide the true information about the business activities and financial status related to the loan.

Legal analysis: The IOU is valid from the perspective of the validity alone, but it cannot exempt the company from statutory liability, and the IOU is also a strong evidence that the employee terminates the labor contract and claims compensation to the company. However, if the company does not go bankrupt, there is no problem without an IOU, and if you write an IOU, you can only claim the arrears according to the civil procedure, and if you do not have an IOU, you can use labor arbitration to claim wages.

Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 2 This Law 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 or 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, medical expenses for work-related injuries, economic compensation or compensation, etc.; (6) Other labor disputes as provided for by laws and regulations.

Legal analysis: Negotiate with the company first. If you want to get your wages back, the most time-saving way is to negotiate with the company, or you can ask the labor union or a third party to negotiate with the employer to reach a settlement agreement.

2. Find relevant departments for mediation. If you are unwilling to negotiate, fail to negotiate, or your company still does not perform after reaching a settlement agreement, you can also apply to the mediation organization for mediation.

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.

1. For those who fail to repay their debts, they can choose to sue, provided that there is evidence and that they are within the statute of limitations. 2. Evidence including IOUs, recordings, payment vouchers, etc., can not be altered or copied in any way. 3. If the date of repayment is indicated, the statute of limitations shall be within two years from the date of expiration of the IOU; If there is no repayment date, you can request repayment at any time, within two years from the date of the first recovery.

4. After the court makes a judgment, if the other party cannot apply to the court for compulsory enforcement, the debtor can also be detained if he is in bad faith. Article 50 of the Labor Law Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Article 91 Where an employer infringes upon the lawful rights and interests of a laborer in any of the following circumstances, the labor administrative department shall order it to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation. :(1) Withholding or defaulting on the worker's wages without reason; (2) Refusal to pay wages and remuneration for extended working hours; (3) Paying wages to workers at a rate 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.

In particular, the IOU should clearly state the amount of arrears of wages, the time of repayment and the liability for breach of contract, etc., and in specific circumstances, the two parties may negotiate to legally sign and deal with it.

1. Is there any legal effect on the IOU for arrears of wages?

The IOU of the arrears is legally valid, as long as the reason for the arrears and the amount of money are clearly written, and the debtor's signature has legal effect. Who owes whom, the beginning and end of time, the accumulation of time, the accumulation of the amount of arrears, and the final signature (if it is an individual, it is necessary to press the name, amount, and time according to the fingerprint). This basically guarantees that the IOU can have clear legal effect.

2. What are the IOUs that have no legal effect?

1. Non-true intention of the borrower: IOUs signed by the borrower under the circumstances of coercion, deception, concealment of facts, etc.

2. Large-amount IOUs without supporting evidence: Loans of more than 50,000 yuan require bank transfer certificates or witness witnesses in addition to IOUs.

3. IOUs signed by persons without civil capacity: Signed under the age of 10 shall be deemed invalid.

4. IOUs signed by persons with restricted civil capacity that do not meet their age characteristics: IOUs of greater value signed by persons under the age of 18 and over 10 years old.

5. Expired IOU: An IOU whose loan time is due for 2 years, and it cannot be proved that the debt has been collected during this period.

3. The difference between an IOU and an IOU

IOUs and IOUs are different in at least two ways:

First, there is generally a flow of funds or physical goods behind IOUs, but there is no IOU. At the time of the IOU, the lender "has just", "is" or "is about to" deliver the goods or money to the borrower, and the IOU is used to confirm the fact of this "flow"; An IOU is generally the opposite state of settlement or proof of property ownership and possession, that is, the owner's things are in possession and use by the possessor, and this state already exists at the time of the IOU, and the purpose of the IOU is to confirm the existence of this state.

Second, IOUs generally have a loan period and Zhiyan interest, and the starting point of the loan period and interest calculation of IOUs is generally the date of lending, while although IOUs can also stipulate the repayment period and the legal consequences of overdue repayment, this date is generally a certain point in time after the IOU is issued.

The determination of the specific legal effect of the IOU shall be handled in strict accordance with the above-mentioned standards, especially for the determination of the borrowing behavior, which needs to be legally handled after the two parties reach an agreement, and if the two parties have a dispute on the relevant circumstances, they may submit the relevant circumstances to the court for judgment and handling.