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1. If the worker works for the employer, there are two ways to request payment of wages:
1. Workers can file complaints with the labor inspection in the local human resources and social security bureau; Pros: Simple way. Disadvantages: Enforcement may not be very strong in some areas;
2. You can apply for arbitration at the labor dispute arbitration committee in the local human resources and social security bureau and request payment of wages. If you do not have an employment contract, you can 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 it is for an individual, it is not considered an employment relationship. The parties can directly go to the court to sue the individual boss and demand payment of labor remuneration.
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 2 of the Law on Mediation and Arbitration of Labor Disputes 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 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, medical expenses for work-related injuries, economic compensation or compensation, etc.;
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 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:
1) Withholding or defaulting on the wages of workers without reason;
2) Refusal to pay wages for extended working hours;
3) Paying wages to workers at a rate lower than the local minimum wage.
The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
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Hurry up and go back, the boss is fine now. You're guilty of theft.
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Legal analysis: You can sue him, and then if you don't pay your salary, the court will enforce the sale of the company's things, but it is illegal for you to sell it yourself.
Legal basis: Article 48 of the Labor Law of the People's Republic of China The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record.
The wages paid by the employer to the employee shall not be lower than the local minimum wage.
Labor Contract Law of the People's Republic of China
Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker 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.
Article 44 Under any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) if the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.
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The boss is in arrears of wages, and it is a crime to take his belongings, and according to the rules of the law, the goods are the private property of the boss. If the boss is in arrears of wages, he can report and punish him to the local labor department and the labor picket brigade.
Legal basis: Law of the People's Republic of China on Public Security Punishments
Article 26: Those who commit any of the following acts are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB
1) Gang fighting;
2) Chasing or intercepting others;
3) Forcibly taking or arbitrarily destroying or occupying public or private property;
4) Other acts of picking quarrels and provoking trouble.
Labor Law of the People's Republic of China
Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; 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 this Regulation.
Article 91 Where an employer infringes upon the lawful rights and interests of a worker 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 wages of workers without reason;
2) Refusal to pay wages and remuneration for extended working hours to workers;
3) Paying wages to workers at a rate lower than the local minimum wage.
4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.
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You can contact the local human resources and social security department to apply for labor arbitration in accordance with the law, as in the case of the sedan chair
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 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, medical expenses for work-related injuries, economic compensation or compensation, etc.;
6) Other labor disputes as stipulated by laws and regulations.
If you want to fully protect your legitimate rights and interests, it is recommended that you read the Labor Law, the Labor Contract Law, the Regulations for the Implementation of the Labor Contract Law and the Social Insurance Law, so that you can know what aspects the employer has violated your rights and interests, which will benefit you for the rest of your life. If the employer infringes on your legitimate rights and interests, pay attention to collecting evidence. This is important if there is arbitration or litigation in the future. >>>More
You can call the policeIf the employer still fails to pay the wages after being notified by the labor bureau, it may report to the police and accuse the boss of the crime of refusing to pay labor remuneration and request that he be investigated for criminal responsibility. >>>More
If the employer is in arrears of wages, it may seek recourse in the following two ways: >>>More
Summary. Hello dear! If wages are in arrears, the worker can file a complaint with the labor inspection within the local human resources and social security bureau; Apply to the labor dispute arbitration committee within the local human resources and social security bureau for arbitration and demand payment of wages. >>>More
If an employer deducts or defaults on the employee's wages, the employee may file a complaint with the Labor and Social Security Supervision Brigade or apply for labor arbitration. >>>More