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1. Sign the labor contract and enjoy all the benefits brought by the labor contract. (If the company does not sign an employment contract with you within one month of the date of your employment, the company has violated the law, and the handling method is the same as above.) Then you will have to be compensated 2 times your monthly salary) 2. Social insurance.
It is also enjoyed by you according to the law. If the company has not purchased it, you can also follow the above channels to complain. 3. High temperature subsidy.
The state has clear provisions. 4. Overtime and rest time have corresponding national protection and compensation measures; 5. You can go to the ** of the Labor and Social Security Bureau of your city to view the relevant laws and regulations. If you find that the business has infringed on your legitimate rights and interests, you can follow the following rules:
The basic handling channels are: 1. Negotiate with the unit first, if the unit does not pay or continues to default, go to the labor and social security center of the village committee where your unit is located to complain, and if there is no result;
2. You can file a complaint with the labor inspection department of the labor bureau of the city where your unit is located.
3. If the labor bureau arranges relevant personnel to mediate but fails, you can apply for labor arbitration;
4. According to the labor arbitration situation, you can apply to the court for compulsory enforcement. (The premise is: the enterprise loses the lawsuit and does not carry out the above within 15 days).
That is, proof of your identity. Now it doesn't cost anything to ask for labor arbitration, you can ask for arbitration.
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Legal analysis: The employer shall establish an employment relationship with the employee from the date of employment, and the employer shall pay the employee labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract and national regulations; Workers who are in arrears of wages can file a complaint with the labor and social security department.
Legal basis: Labor Contract Law of the People's Republic of China
Article 7 An employer shall establish a labor relationship with a worker from the date of employment. The employer shall establish a roster of employees for future reference.
Article 30 The employer shall, in accordance with the agreement on labor cooperation 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.
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Lodge a complaint with the labor and social security administration department (Labor Inspection Brigade). 2.Apply to the Labor Dispute or Arbitration Commission for labor arbitration.
For example, on the grounds that wages were not paid on time and in full, the employee was requested to terminate the labor relationship and pay wages and economic compensation. If you still want to maintain the employment relationship, you can only request the payment of wages.
Legal basis: Labor Contract Law of the People's Republic of China
Article 93 Legal responsibility shall be pursued in accordance with law for the illegal and criminal acts of employers that do not have lawful business qualifications; If a worker has already paid for his or her work, the unit or its contributor shall pay the worker labor remuneration, economic compensation and compensation in accordance with the relevant provisions of this Law; If any damage is caused to the worker, he shall be liable for compensation.
Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. 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. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.
The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.
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Legal analysis: If the employer is in arrears of wages, you can file a complaint with the security supervision brigade of the labor department, or you can directly apply for labor arbitration. First of all, you should go to the labor bureau in the city where you are located to file a complaint against your company, and the labor inspection brigade will file a case and leave basic information.
Then go to the company to investigate and understand, if the matter is true, it will come forward to mediate, and warn the company that its behavior has violated the labor law, and the company will enforce it if it refuses to implement it.
Legal basis: Labor Law of the People's Republic of China Article 91 If 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 be obliged to pay compensation with a destructive order: (1) deducting or delaying the worker's 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) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.
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 lawful rights and interests of a worker, the labor administrative department shall order the employer to pay the worker's wages and economic compensation, and may also order the employer to pay the absolute compensation: (1) deducting or delaying the worker's wages without reason; (2) Refusal to pay wages for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard;
The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
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The employer shall establish a labor relationship with the employee from the date of employment, and the employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract and national regulations; Workers who are in arrears of wages can file a complaint with the labor and social security department.
1. How long is the arrears of wages?
Thirty days in arrears of wages is considered non-payment. The law stipulates that wages shall be paid to the worker in monetary form on a monthly basis. 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.
"Monthly payment" means that wages should be paid in the form of monthly salaries, and also that wages should be paid monthly.
According to Article 30 of the Labor Contract Law, the employer shall pay the employee labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract and the provisions of the state.
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.
Second, what should I do if I work for a day without a contract and don't pay for it.
The establishment of an employment relationship is not necessary based on the existence of an employment contract, which is established with the employee from the date of employment by the employer. If a person is employed without a written labor contract, in order to establish a de facto labor relationship, the labor remuneration shall be implemented in accordance with the standards stipulated in the collective contract, and if there is no collective contract or the collective contract does not stipulate, equal pay for equal work shall be implemented. If the employer fails to pay wages, it may report the relevant situation to the labor administrative department, which shall order the payment of wages and remuneration and economic compensation to the employee, and may also order the payment of compensation.
3. Is it legal not to pay wages during the training period?
It is not legal to be paid for the training period. After the enterprise establishes an employment relationship with the employee, it must pay the wages according to the labor contract, and it is illegal to refuse to pay the employee wages during the training period. The employer shall pay the employee in full and in a timely manner in accordance with the provisions of the labor contract and the provisions of the state.
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, and the people's court shall issue a payment order in accordance with law. The worker may file a complaint with the labor administrative department, which shall order the employer to pay wages within a time limit. 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.
Labor Contract Law of the People's Republic of China
Article 7 An employer shall establish a labor relationship with a worker from the date of employment. The employer shall establish a roster of employees for future reference.
Article 30 An employer shall, in accordance with the provisions of the labor contract and state regulations, 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 civil court shall issue a payment order in accordance with the law.
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If the employer does not pay wages on time, it can complain to the local labor inspection brigade.
Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China 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 according to the standard of 50% to 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 laborers below 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.
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1.Workers can file a complaint with the local labor bureau for labor inspection. 2.
You can apply for arbitration at the local labor bureau (Labor Dispute Arbitration Commission of the Human Resources and Social Security Bureau) and demand 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.
Article 5 of the Labor Dispute Arbitration Law.
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 Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
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If the employer does not pay wages on time, it can complain to the local labor inspection brigade.
Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China 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 employee's labor remuneration 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 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 labor destroyer in accordance with these Regulations.
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The answer to your question is as follows:
1. How long does it take for the company to get compensation for arrears of wages?
Article 50 of the Labor Law states that "wages shall be paid to the worker himself on a monthly basis in the form of money." The wages of the workers shall not be deducted or owed without reason", and the "monthly payment" includes that the wages shall be paid in the form of monthly salaries, and shall also be paid monthly, because the employer shall settle the wages within 30 days after the end of the natural month, and more than 30 days shall constitute arrears of wages.
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.
According to the provisions of the Labor Code:
1. If the employer deducts or arrears the wages of the employee without reason, in addition to paying the employee's wages and remuneration in full within the specified time, it shall also pay an additional economic compensation equivalent to 25% of the wages and remuneration.
2. In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation for the termination or termination of the labor contract within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of between 50% and 100% of the amount payable
1) Failure to pay labor remuneration to workers in accordance with the provisions of the labor contract or in accordance with the provisions of this Law;
2) The wages of workers are paid below the local minimum wage standard;
3) arranging overtime without paying overtime pay;
4) Dissolving or terminating a labor contract without paying economic compensation to the employee in accordance with these Regulations.
3. 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. Where an employer is in arrears or fails to pay labor remuneration in full, the people's court shall issue a payment order in accordance with law.
2. What should I do if the employer is in arrears of wages?
If the employer is in arrears of wages, it can first reach an agreement with the employer, and if the negotiation fails, the employer may go through the following legal procedures:
1) Complain and report to the local labor and social security inspection agency;
2) To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application should be submitted to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute;
3) Resolve through litigation. This is divided into three situations: first, for labor dispute cases, if any party is dissatisfied after labor arbitration, it can file a lawsuit with the court; Second, if the employer does not enforce the labor arbitration award after the arbitration award takes effect, the migrant worker may apply to the court for compulsory enforcement; Third, those who belong to the category of labor arrears can directly file a civil lawsuit with the court.
3. Calculation of compensation.
The compensation for the employer's arrears of wages is calculated on a case-by-case basis. If the employer does not pay wages within the specified time, it shall pay an additional compensation of 25% of the salary remuneration; If the employer still fails to pay wages within the time limit of the labor administrative department, it shall pay additional compensation to the employee at the rate of 50% to 100% of the amount.
Definition of Wage Arrears: Article 4 of the Supplementary Provisions on Issues Concerning the Interim Provisions on the Payment of Wages issued by the Ministry of Labor (No. 1995 226) stipulates that the "unjustified arrears" mentioned in Article 10 of the Provisions (No. 1994 489) refer to the failure of the employer to pay the wages of the employee beyond the prescribed salary payment time without justifiable reasons. Excludes: >>>More
Generally will be pressed half a month's salary, as a boss, in charge of hundreds of people in the company, This is what they are most worried about, after all, it takes a lot of cost and time to recruit workers now, and it is not necessarily necessary to recruit the right talent, if competitors poach their excellent employees, it may cause huge losses to the company, but if it is pressed 1 month's salary, both sides have a buffer time, and may change their minds, if those who leave suddenly, he will also be for this 1 month's time, Let the company find the right person for the role.
Workers who are in arrears of wages, do not pay wages, or deduct wages can call 12333** to complain, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade. >>>More
First of all, read the legal provisions first, and if you don't understand it, read the explanation. >>>More
If the company has violated the labor law, you can go to the labor department to apply for labor arbitration.