-
No, the company owes you wages, and you can settle it through the labor or judicial department. But if you take away the company's fax machine, it is an invasion of public and private property, and if no one finds out, it is theft or embezzlement. Brother, be sober-minded and go through legal channels.
-
Hello, to the problem you described, the lawyer replied as follows:
First of all, you need to confirm the facts of the employment relationship with the employer, such as pay stubs, attendance records, and documents in the course of work.
Secondly, after the employment relationship is confirmed, the employer may be required to pay back wages for the illegal act of arrears of wages. From the date of employment, double wages are not signed within one month without signing a written labor contract.
Third, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!
-
According to the provisions of the Labor Law, the probationary period is subject to probationary wages. The proportion of their use of wages is in line with the requirements, as for whether there is a good reason for not paying you wages for the first 7 days, you did not describe, if there is indeed a problem you can go to the labor department to apply for arbitration, but you can't take the company's things, it is theft. If the people in the company see it and you still move it, it is a robbery.
I suggest you focus on finding a job and don't bother with this little money.
-
Of course you can't pull, it's illegal for you to do this, you can negotiate with the company, after all, it's a good point to get together and disperse, if not, you can complain to the labor arbitration commission or report to the labor department, if these departments don't know, go directly to the police station.
-
No, the company does not raise the company, which is a labor dispute. You take the company's fax machine as theft.
-
If the employer fails to pay the wages to the employee within the specified time, the employee has the right to apply for labor arbitration to require the employer to fulfill the payment obligation, but you cannot protect your rights by taking away the fax machine of the employer, so you constitute embezzlement and will be held responsible.
-
If you take the fax machine and ask the company for a salary, it constitutes extortion.
-
In the first place, the contract said that it would be done. It's your fault that you touch his property.
-
If your friend doesn't take the company's things, it is the company's fault, and if you go to court, you can get compensation, but the so-called "seizure" will turn the justification into ignorance, and if you go to court, you shouldn't be able to eat much lawsuit, but the act is indeed illegal.
-
Of course, it is illegal, one horse is one horse, Zhang San killed Li Si, although Li Si's family is a victim, it does not mean that Li Si's family has the right to kill Zhang San. You know best how to explain it this way!
-
Illegal, one gear to another. If you really don't pay wages, you can only seek a solution from the local labor department, and if you can't do it, you have to rely on the law.
-
Brother, if you can calm down, there will naturally be a proper way, and your 10,000 percent is absolutely illegal.
-
It is not allowed to seize other people's belongings without permission.
Have good evidence in your favour (unpaid wages).
Don't be impulsive and rely on the law.
-
It is illegal to take things or sabotage without paying, smart people, don't do stupid things!
Our most direct way is to take the labor contract to the local labor bureau to go to the above-mentioned above, as you said, it is normal to ignore it, because there are many such things, and it is troublesome to manage, which is considered a dereliction of duty!
It is not cost-effective to go to court for wages.
Well, isn't there a TV show now? You can go there to reflect, ** after he is not easy to do, first see how the boss reacts? If he still insists, then don't blame us for being ruthless, right?
After being on the show, his reputation will be greatly damaged, even if he can't get paid, it can be regarded as a breath of relief for our migrant workers, right?
-
This is absolutely illegal.
Generally speaking, the only way to do this is to ask the local labor bureau for help.
If there are a lot of people, you can find a representative or something.
Just his words. Either go to someone for help step by step, or you can only endure it.
If the insurance company investigates this thing, it will hold your friend responsible. It doesn't have to be criminal, because even if you find 110 or go to court, you will usually have to mediate yourself.
Also, a fax machine or something, and it doesn't cost much to buy a new one. I think your friend is doing this very irrationally and unachievable
-
Illegal! It's possible!
Return the things to the labor department to reflect!
-
Hurry up and pay it back, it's not the way.
-
It is illegal for the company not to pay the arrears of wages to the employees, and the employees take the payment to offset the accounts in anger. Without the knowledge of the unit, it can be convicted of theft. If the company is in arrears of wages, it can report to the local labor inspection department and ask the company to refund the employee's wages and compensation.
On the basis of article 264 of the Criminal Law of the People's Republic of China, where the amount of public or private property is stolen is relatively large or there are multiple thefts, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property; In any of the following circumstances, a sentence of life imprisonment or death is to be given, and confiscation of property is to be given:
1) Theft of financial institutions, where the amount is particularly huge;
2) Theft of precious cultural relics, where the circumstances are serious.
-
If a company defaults on paying its employees, it will be a violation of the law. Wage arrears are illegal, and violations of labor law are civil disputes, and labor disputes can be resolved through normal rights protection methods.
Employees are angry and take the payment for the goods, which is improper or illegal, and the worst is suspected of committing a crime and may bear criminal liability. Therefore, this method does not outweigh the losses and is never advisable.
You can file a complaint with the local labor law enforcement inspection brigade, supervise and inspect the employer in accordance with the labor security supervision regulations, and order it to pay the arrears of wages. If the labor arbitration is not accepted or the arbitration is unfair, a civil lawsuit can also be filed with the court within 15 days, and the court judgment can be directly enforced.
At the same time as claiming wages, you may also request the employer to pay you additional compensation according to the standard of 50% to 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law.
-
1. It is illegal to pay wages in arrears, and it is a civil dispute if it violates the labor law, but it is a violation of the criminal law to take away the payment for the goods, and if it is not done well, it will bear criminal responsibility. Therefore, this method does not outweigh the losses and is never advisable.
2. You should return the payment as soon as possible, and then take the normal legal way to get the salary back, the following methods are very effective, you can refer to:
a. The easiest way is to file a complaint with the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the "Labor Security Supervision Regulations" in accordance with the law, and order it to pay the arrears of wages.
b. In accordance with the provisions of 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.
c. The most effective is to apply for labor arbitration directly to the local labor administrative department (no fees, no lawyers), and claim compensation from the unit through the award issued by labor arbitration, and if it is not compensated, it can be applied to the court for enforcement.
d. If the labor arbitration is not accepted or the arbitration is unfair, a civil lawsuit can be filed with the court within 15 days, and the court judgment can be directly enforced.
e. While claiming wages in the above ways, you can also request the employer to pay you additional compensation according to the standard of 50% to 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law.
-
These are two legal relationships: labor disputes can be resolved through normal rights protection methods (such as labor mediation, filing a complaint with the labor inspectorate, or applying for a wage payment order); However, taking the money to offset the wages without permission is improper or illegal, and the serious one is suspected of committing a crime and may bear criminal responsibility. In such cases, the judicial organs will consider the circumstances when convicting and sentencing, and will appropriately mitigate or reduce the punishment.
-
I have a similar question here, that is, if someone beats you, you go to beat someone else's mother, do you think you can do this?
Wage arrears are essentially a labor dispute that can be resolved through labor inspection complaints, labor arbitration and other means.
If the employee takes the payment in anger, it is no longer a labor dispute, nor is it an extension of the labor dispute, but may be a violation of the criminal law, or it may be an ordinary civil dispute, and it is no longer an equivalent labor relationship in terms of legal relationship.
Therefore, the correct solution to the company's wage arrears is to use judicial channels, not through this wanton impulsive behavior to solve, so I personally suggest that the landlord must deal with the problem cautiously and calmly, otherwise if you do this, you may not only be held accountable in the future, but it will make you obviously justified but therefore become vexatious, please think twice...
-
It is better to apply for labor arbitration....
-
If you employ people.
If the employer delays or fails to pay wages, the employee may terminate the labor contract in accordance with Article 38 of the Labor Contract Law, which stipulates that "if the employer fails to pay the labor remuneration in full and in a timely manner, the employee may terminate the labor contract", and in accordance with the provisions of Articles 46 and 47 of the Labor Contract Law, the employer may be required to pay the employee severance for the termination of the labor contract, which shall be paid to the employee at the rate of one month's salary for each full year of the employee's service in the employer. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
-
The employer owes the employee a debt.
There are 3 ways for workers to claim wages:
1. Workers can file complaints with the local human resources and social security bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;
2. You can apply for arbitration at the Labor Dispute Arbitration Committee of 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.
3. If there is an IOU, you can directly sue the court to demand the payment of the salary amount in the IOU.
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.
-
To simplify this, it is:
I resigned from Department A, was left by HR that day, and then worked in HR for seven days.
The supervisor of department A bit me and human resources to play tricks on her, jumped to the point where manpower can raise wages, and began to make trouble with the boss and other senior executives, asking for a salary increase for the other two employees under him, and said that I didn't even give her a minimum of respect.
Actually, I resigned first and then was left behind by the conversation.
An executive's mouth that turns his hands over for the clouds and covers his hands for the rain!
-
1. The salary should be paid in full and in a timely manner, and it can be obtained.
2. You can get it. If you can't get it, you must first apply for labor arbitration.
3. Neither, but with the company as the respondent.
4. Failure to pay social insurance violates the labor law and social insurance law, and paying social insurance is a mandatory obligation of the employer. If a labor contract is not signed in accordance with the law, according to Article 82 of the Labor Contract Law, double wages may be claimed.
-
1. You will definitely get the full amount of your salary in April.
2. Yes, you have provided the company with de facto labor, and the company should pay you a salary.
3. Labor disputes need to be submitted to the local labor arbitration commission for arbitration, with your company as the respondent, because your company is a legal person and the subject of litigation. The application time for labor arbitration is within one year from the occurrence of the labor dispute, and if you are not satisfied with the arbitration decision, you can file a lawsuit in the court within 15 days from the date of receipt. If you do not have social security and do not sign a contract, you can apply for arbitration at the same time, if you do not sign a contract, you can ask for double wages for one year, and social security can also ask the company to compensate the corresponding money.
Don't be afraid, you should keep your work record and label first, and it is best to make a copy. At that time, if you really don't pay your salary, you can go to the labor bureau and sue him. >>>More
If the employer is in arrears of wages, the employee can file a complaint with the labor administrative department or directly apply for labor arbitration. If you complain to the labor administrative department, you should go to the labor inspection brigade in the urban area to complain about the company's wage arrears, and the labor inspection brigade will accept it, leave the relevant information of the complainant, and then contact the complained company to investigate and understand, if the situation is true, the labor inspection brigade will come forward to mediate, and require the complained company to correct its violation of the labor law and other relevant laws and regulations within a time limit, if the company refuses to implement, the labor inspection brigade will apply to the court for compulsory enforcement, and punish the unit. Wage arrears are a common problem that employees can solve with the following methods: >>>More
Let's find labor arbitration, now it's all about protecting workers.
You first have to know which labor bureau should be under the management of the place where you work for this company, and you don't know how to call 114 to check the ** number and address of the labor bureau to which the district, county, and township should belong. Then go to the local labor bureau, of course, go to the company's registered legal person, registered address and now the address of the company that is owed wages, and the name of the person in charge. Of course, if the wages are in arrears, you should also reflect the situation reasonably, don't exaggerate, the lion opens his mouth, which is not conducive to the labor department to solve, and you will not be able to get money. >>>More
Find the labor inspection brigade where the company is located, and your contract should be filed with the labor bureau there. >>>More