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It is not necessary to have a written certificate.
The relationship between you and your boss is a de facto labor contract, and the contract reads: you and your girlfriend work for the boss, and he pays you 4,000 yuan a month.
First of all, he didn't pay you completely, but only a part of it. So, was the last time he paid you cash or into your bank card? If you enter the bank card, there should be a specific date, and if it is given cash, is there anyone else who can testify?
It's a good idea to prove that the last time he paid you was about two months ago. In this way, it can be proved that the salary for two months is almost 8,000 and a month is 4,000.
Secondly, do you have any colleagues, and if they do the same thing as you, how much money they get each month can also be used as a basis for you to claim your rights to the labor bureau or the courts. At the same time, do you have a so-called "collective contract", which is a contract that everyone makes with the boss, and if there is, it is okay.
Thirdly, how much you are generally paid every month for doing your kind of work, that is, what is the general salary level of the local area where you work, can also be used as a basis. Don't be afraid of his so-called "1,000 yuan per month for two people", which is not in line with reality at all, and the salary under this statement is far lower than the general wage level, and it is not as high as the minimum living security in some areas. There are two things to be sure about:
a) You have worked, it is a fact; (2) Part of the salary that the boss gave you before was 4,000 yuan per month. If he denies it, you ask him to show evidence to the contrary.
Finally, you can sue the labor bureau directly to the court if it does not work. Hoping that your rights can be effectively protected, the following are a few provisions of the Labor Contract Law.
Labor Contract Law
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 11 Where an employer fails to conclude a written labor contract at the same time as employing the workers, and the labor remuneration agreed upon with the workers is not clear, the labor remuneration of the newly recruited workers shall be implemented in accordance with the standards stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented.
Article 80 Where the rules and regulations of an employer directly related to the vital interests of the workers violate the provisions of laws and regulations, the labor administrative department shall order it to make corrections and give it a warning; If any damage is caused to the worker, he shall be liable for compensation.
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.
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The first thing you need to prove is not wages, but the existence of labor relations, take out your pay stubs or the record of his payment to you, and then find a bakery worker to testify.
Then you go and ask for your salary, according to the law, if you don't sign a labor contract, you will be paid double your salary from the second month.
I'll help you calculate, you have now sent 9000 and 7000 has not been sent, if the boss says that 9000 is the salary of these 4 months, you have no way to prove it, it is very simple. You recognize that 9,000 is your 4 months' salary, and there is no labor contract, so let him pay another 9,000, which is more than 7,000, which is cost-effective.
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Summary. Dear, hello, I am happy to serve you, the boss can apply to the Labor and Personnel Dispute Arbitration Commission for arbitration, can file a lawsuit with the people's court, can apply to the people's court for payment, order himself to negotiate with the employer, apply for a trade union or a third party to negotiate with the employer.
The boss didn't sign a contract for us either.
Dear, hello, I am very happy to serve you, the boss owes work and Liangmin can apply to the Labor and Personnel Dispute Arbitration Commission for arbitration, can file a lawsuit with the people's court, can apply to the people's court for payment, and order himself to negotiate with the employer, apply for a trade union or a third party to negotiate with the employer.
Dear, it is illegal not to sign a labor contract.
Just go straight to the court and sue the boss.
Dear, you can take a look at the Labor Law: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the agreement of the Labor Cooperation Department and the provisions of the state, pay the employee the labor remuneration in full and in a timely manner. If the employer is in arrears or fails to pay the full amount of the remuneration for the dismissal of the labor report, 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 mean to sue him directly.
If the worker wants to get his wages back, he or she can go to the labor arbitration department. Failure to sign a contract and not to pay Huihu's wages in a timely manner is an illegal act of the unit. The parties can claim compensation, and if they do not pay compensation, they can go to the labor bank to disperse the complaint.
Go to the labor administrative department to file a lawsuit.
The courts can do the same. You get help from someone who is familiar with labor law, or you go to a lawyer.
If the prosecution is successful, the prosecution fee will be paid by your boss.
Which department to look for in the labor department.
Labor administrative departments refer to human resources and social security departments at all levels.
You can search for your local area.
Good. Well, thanks.
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Under normal circumstances, the parties concerned should first file a complaint with the labor inspection department or apply to the labor arbitration commission for arbitration, and only if they still fail to pay after being urged by the labor administrative department to constitute the crime of refusing to pay labor remuneration, so that it will be useful to report to the police. If it is found that the employer is in arrears of wages to the employee, it can deal with it in the following ways: 1. Negotiate and solve the problem first. 2. If the negotiation fails, you can file a complaint with the labor inspection brigade.
3. You can apply to the Labor and Personnel Dispute Arbitration Court for labor arbitration. 4. If you are not satisfied with the arbitral award, you may file a lawsuit with the people's court. According to Article 79 of the Labor Law of the People's Republic of China [Mediation and Arbitration] 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 dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
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Wage arrears happen from time to time in various places, and this is a long-standing and difficult problem. As a worker, it is indeed a fatal thing to work hard and not get the wages you deserve. Especially for some groups who are living in difficulty, this may be their only economy**.
It is no exaggeration to say that unpaid wages can be the trigger that destroys a family. Therefore, there was also a case of national leader Premier Wen asking for wages for migrant workers, which shows that this matter related to people's livelihood is by no means a trivial matter.
With the help of the prime minister, these migrant workers were lucky again, they got their own wages and happily went home for the New Year. And there are many people who are not so lucky, and in the face of the arrears of wages that the boss has been in, they do not complain. Today delays tomorrow, tomorrow postpones the day after tomorrow, and the day after tomorrow about next week, in the face of such a word "drag", so that the workers are very injured, maybe they have to "wait for the rice to go to the pot".
In such a situation, many people choose to wait with little effect, but they have no other way. On a business trip in the first half of the year, the same car guy talked about this problem, he is a lawyer himself, and this business trip is also entrusted to deal with the arrears of wages and recover wages for migrant workers. As a lawyer, he has to deal with many such commissions a year.
There are many objective factors for those who are in arrears of wages, such as bankruptcy, capital breakdown, serious business losses, and loss of capital, all of which are factors that affect the inability to pay wages in time. In a word, they also have their difficulties, although this does not excuse them from paying wages.
As a party who is owed wages, it is naturally "very unhappy" to encounter such a thing. We have seen many incidents of violent wage demand, but it is not these wage seekers who are hurt in the end. Therefore, in the face of such a situation, it is an effective and reasonable way to choose to go through legal procedures, whether it is from the cost of time or economic considerations, it is a good way.
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Legal: What should I do if my boss owes me wages?
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1. Keep your clock-in credentials to ensure that you do have to work until a certain day. or related testimonials.
2. There must be a certificate or witness that the company does not pay wages on time.
3. Don't tell anyone in the company that you have not resigned and gone to work in another company. Otherwise, the company has the right to dismiss you.
4. You can negotiate with the company first, if the negotiation fails, you can apply to the local labor department for labor arbitration, you should be able to get your salary back, and you will be paid for what you have paid without worry.
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Directorate of Labor and Social Security.
Ask your co-worker at the time to prove that you have worked, and if your boss interrogates you for having taken it, he will ask for evidence, such as a remittance voucher.
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** SMS all kinds of harassing !!
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I guess it's a bit hard to get.
You could have entrusted one of your colleagues to help you get paid, but now that you're out of town, wouldn't it be cost-effective to make a trip?
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Depending on your situation, a brief reply is as follows:
1. First of all, find out the nature of the boss enterprise to determine the object of the arbitration.
If it is a limited liability company, the labor arbitration commission at the place where the labor relationship is located (that is, where you work) shall apply for arbitration with the company as the respondent; If it is a sole proprietorship enterprise or a sole proprietorship, the enterprise and individual shall be applied to the labor arbitration commission at the place where the labor relationship is located for arbitration.
2. Secondly, according to Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts issued by the Ministry of Labor on December 3, 1994, if an employer deducts or defaults on the wages of an employee without reason, or refuses to pay the wages and remuneration of the employee for extended working hours, in addition to paying the wages and remuneration of the employee in full within the prescribed time, it shall also pay an additional economic compensation equivalent to 25% of the wages and remuneration.
Therefore, there are two other ways to apply for arbitration, including wages and additional severance payments for overdue wages: first, apply for labor arbitration at the labor bureau where the factory is located; Second, if the Labor Bureau does not accept the application, it may bring the notice of non-acceptance by the Labor Bureau to the local people's court to file a lawsuit.
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2. Apply for labor arbitration at the Human Resources and Social Security Bureau.
3. Go to the local people's court to file a lawsuit and apply for a payment order.
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You can file a complaint with your local labour inspectorate to clear the facts and help you claim the wages you are owed. or may initiate arbitration.
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Is there a contract? It should be possible to take the contract and the procedures for returning the goods to the local labor inspection brigade or arbitration institution, and if you are financially able, you can also withdraw the money by borrowing money first.
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First, ask a few people to go to the company to ask the boss, and generally you will be given no money.
Second, call the police and call 110, let the police go directly to the company, the current 110 is very good at mud.
Third, don't look for any labor arbitration, that contract lawsuit is not as good as the first method.
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Employees who are owed wages can first file a complaint with the labor inspection department, or they can directly apply for labor arbitration.
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What should I do if my boss owes my wages? You can go to the labor office to file a complaint.
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Look at the amount If it is less than 10,000 yuan, you can pull a banner and find the relevant department If it is more than 50,000 yuan, it is recommended to find a company that asks for accounting.
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Legal: What should I do if my boss owes me wages?
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I know. I know.
I've had this issue as well >>>More
The company has old employees, communicate with them more, combine their own experience, find some information on the Internet and combine it, the summary is also a passing article, who will really read it seriously?
Sue him! Please be a better master.
This question you are giving you here is not clear in a sentence or two. You look for the person who introduced you to Amway at the time. He will explain it to you very clearly. Don't let the storm out there ruin a chance for you.