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1. Are you a work-study college student or a laborer? If it is a work-study college student, it is right for both parties to sign the agreement. You can't go to the Labor Bureau, because there is no such thing as a Labor Bureau.
**12333 is the national unified labor inspection and security agency for consultation, reporting and complaints**.
2. You can't produce evidence about labor disputes, which in turn means that your resignation is not normal. The normal legal resignation is that you only need to submit a notice of resignation to the company in writing 30 days in advance, and remember: the company is required to sign your "receipt of delivery and handover (documents and materials) by the employee", and the consent of the company is not required.
If you continue to work for 30 days, you can apply to the company for resignation the next day, and the company should handle it (Article 31 of the Labor Law), pay your salary in a lump sum (Article 9 of the Interim Provisions on Payment of Wages), and issue you a certificate of resignation (Article 50 of the Labor Contract Law), otherwise the company will be in violation of the law.
3. When the company owes you wages, you can make a written report or complaint to the local labor and social security inspection brigade in accordance with Law 1, and ask the company to pay the arrears of wages, and at the same time pay you additional compensation according to the standard of more than 1 time of the arrears payable. Alternatively, you can apply directly to the local labor dispute arbitration commission for arbitration (free of charge) in accordance with the law, and if you are not satisfied with the arbitration, you can file a lawsuit with the court in accordance with the law.
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You should have a contract, and without a contract you can sue them for not signing a contract for you.
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There are three ways for employers to demand payment of arrears of wages: employees can file a complaint with the labor inspection brigade of the local human resources and social security bureau; You can apply to the local labor arbitration commission for arbitration and demand payment of wages.
If you don't sign an employment contract, you can ask for double wages. If it is proposed that the employment relationship can be terminated but the wages will be in arrears, the employee may also be required to pay severance payments. If there is an IOU, you can directly file a lawsuit with the court for the amount of wages in the IOU.
Legal basis: Article 91 of the Labor Law of the People's Republic of China 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 the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation: (1) deducting or delaying the employee's wages without reason; (2) Refusal to pay wages and remuneration for extended working hours to labor partners; (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.
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1. What should I do if the company owes wages after resignation.
1. The company's handling of wage arrears after resignation is as follows:
1) Confirm the facts of the labor relationship with the unit, such as payslips, attendance records, and documents and records in the course of work;
2) After confirming the labor relationship, for the illegal behavior of the employer in arrears of wages, you can negotiate with the boss and ask the employer to pay back wages;
3) If the negotiation fails, bring the relevant materials to the labor bureau to complain, or directly to the labor arbitration commission where the unit is located to file labor arbitration.
Legal basis
Article 85 of the Labor Contract Law of the People's Republic of China.
Legal Liability for Failure to Pay Labor Remuneration and Economic Compensation in Accordance with 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.
2. What to pay attention to when resigning.
The notes for resignation are as follows:
1. It is necessary to write a written resignation report 30 days in advance, and approve it step by step in accordance with the rules and regulations of the unit;
2. After the unit agrees to resign, go through the handover procedures;
3. Require the unit to settle the unpaid wages in the bank;
4. The unit should also issue a resignation certificate to the employee, and go through the procedures for the transfer of files and social insurance relations.
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Hello friends, there are many solutions to wage arrears after resignation, 1. Negotiate and settle.
2. Report to the labor administrative department (usually the labor inspection brigade of the district where the unit is located). If the company fails to pay the employee's wages on time, the employee may terminate the labor contract at any time and immediately require the company to pay the employee's arrears of wages and economic compensation according to the arrears of wages.
3. You can also apply for arbitration directly.
First of all, you need to confirm the facts of the employment relationship with the employer.
Second, after the labor relationship is confirmed, the employer can be required to pay back social insurance and wages.
Thirdly, when the employer terminates the labor contract, it shall notify the worker one month in advance, otherwise it shall pay one month's severance as a payment in lieu of payment.
Fourth, if a written labor contract is not signed to pay double wages, a written labor contract shall be signed within one month from the date of employment.
Fifth, if an employer illegally terminates a labor contract, it may claim economic compensation, which is twice the amount of economic compensation. It is recommended to collect relevant evidence in a timely manner, apply to the local labor arbitration department for labor arbitration in accordance with the law, and require the company to fulfill the above obligations. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the Nazen arbitration letter.
Labor Law of the People's Republic of China
Article 50 Wages shall be paid to the laborers 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 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;
(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.
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If your company owes you wages after you leave your job, you can do the following:
Communicate with the company: First try to contact the company's finance department or human resources department to find out the reason for the unpaid wages and ask for payment as soon as possible. If you can solve the problem with hunger, that's great.
Complain to the Labor Inspectorate: If the company refuses to pay wages or delays in payment, you can file a complaint with the local Labour Inspectorate. The Labor Supervision Department will investigate this and investigate the company's legal responsibility.
Seek legal help: If your salary has been owed by the company for a long time, even beyond the statutory payment time, you can seek the help of a lawyer to recover your legal rights and interests through legal channels.
In short, if the company is in arrears, you need to take timely action to ensure that your rights and interests are protected.
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If the company owes you wages, you can take the following steps:
Communicate with the company: First, try to contact the company's finance department or human resources department to ask about the reason for the salary arrears and ask for the salary to be paid as soon as possible. When communicating with the company, keep all relevant emails, text messages, records, etc.
Send a lawyer's letter: If the company refuses to pay you or can't resolve the issue, you can ask a lawyer to draft a formal lawyer's letter asking the company to pay your salary. In the lawyer's letter, detail the when, amount, and reason for the arrears of wages, and set a deadline within which the company will be required to pay the wages.
Complain to a labor arbitration body: If the company still refuses to pay wages, you can file a complaint with your local labor arbitration body. Labor arbitration institutions can intervene in disputes and investigate and adjudicate on companies.
When filing a complaint with a labor arbitration institution, you will need to submit relevant evidence, including contracts, pay stubs, bank statements, etc.
Either way, keep all relevant evidence and consult a professional. Note that laws may vary from country to country when it comes to wage arrears, so it's recommended to check local laws and regulations before taking any action.
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At 12315, 12333 and unpaid clues were reported.
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If the employer is in arrears or withholds wages, including the situation that wages are withheld and not paid after resignation, the employer may go to the labor inspection of the place where the employer is located to fill in a complaint form.
1. The following materials are required to file a complaint with the labor inspectorate.
1. The complainant's ID card.
2. Labor contract.
3. The "work permit", "service certificate" and other documents that can prove the identity issued by the employer to the employee.
4. Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums.
5. Recruitment records such as the "registration form" and "registration form" filled in by the employee.
6. Attendance records.
7. Other materials to prove the labor relationship.
Second, the handling process:
1. Listen to the statements of the report and complainant;
2. Determine the scope of acceptance;
3. Accept or inform the department or unit to accept the merger;
4. Report and the complainant fill in the "Complaint Form" or "Report Form";
5. Review the evidence materials provided by them related to reports and complaints;
6. Copies of retained evidence materials;
7. Contact the employer to conduct a preliminary investigation of the case;
8. For cases where the case is simple and the reported and complaining unit actively cooperates with the handling of the case, the reporting and complaint center will handle and close the case;
9. For others that meet the requirements for case filing, they shall be transferred to the relevant departments for handling.
10. Inform the report and the complainant of the investigation results.
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1. 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 and Social Security Supervision Regulations" and order it to pay the arrears of wages. 2. 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 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. 3. 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.
Article 77 of the Labor Law In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law. The principles of conciliation apply to both arbitration and litigation proceedings. Article 50 of the Labor Law stipulates that 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.
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There are three ways for employers to demand payment of unpaid wages: employees can file a complaint with the Labor Inspection Brigade of the local Human Resources and Social Security Bureau; You can apply to the local labor arbitration commission for arbitration and demand payment of wages. If you don't sign an employment contract, you can ask for double wages.
If it is proposed that the employment relationship can be terminated but wages will be owed, it can also be requested to pay economic compensation. Article 91 of the Labor Law of the People's Republic of China 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 the payment of wages and remuneration and economic compensation to the worker, and may also order the payment of compensation: (1) deducting or arrears of wages without reason; (2) Refusing to pay wages and remuneration for extended working hours of those who work recklessly; (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.
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How to deal with the company's arrears of wages after resignation: 1. Negotiate first and negotiate with the person in charge of the company. 2. Report to the Labor Bureau if the negotiation fails. 3. Legal means, apply for labor arbitration, and if you are not satisfied with the arbitration award, you can sue the unit where you are located.
Legal basisArticle 91 of the Labor Law provides that if an employer infringes upon the legitimate rights and interests of a worker under 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) the employee is deducted or in arrears of wages without reason; (2) Refusing to pay wages and remuneration for extended working hours; (3) Below the local minimum wage, Hu Zhen does not pay the wages of laborers in a standard manner; (4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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
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