Can an individual enterprise report to the police if it withholds the wages of a worker?

In general, individual enterprises cannot report to the police if they seize the wages of laborers, but can report to the labor arbitration department.

Under normal circumstances, arrears of labor remuneration do not fall within the scope of cases of public security organs, and arrears of wages can choose to initiate labor arbitration. 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; Where the labor remuneration is lower than the local minimum wage, (1) the labor remuneration of the worker is not paid in full and on time in accordance with the provisions of the labor contract or the provisions of the state; (2) The wages paid to the workers are lower than the local minimum wage; (3) Arranging overtime work without paying overtime pay; (4) When the labor contract is dissolved or terminated, economic compensation is not paid to the employee in accordance with these Regulations. Article 276 (1) of the Criminal Law of the People's Republic of China provides:

Evading the payment of laborers' labor remuneration by means of property transfer, escape, concealment, etc., or having the ability to pay laborer's labor remuneration but not paying laborer's labor remuneration is relatively large, but still not paying it after being ordered by the relevant department. A sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a fine is to be given. Where units have the criminal conduct listed in the preceding paragraph, they are to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Where the conduct in the preceding two paragraphs has not yet caused serious consequences, punishment may be commuted or waived if the laborer's labor remuneration is paid before a public prosecution is initiated, and the corresponding liability for compensation is borne in accordance with law.

Legal Analysis: It is illegal for a labor service company to deduct the wages of outsourced workers without permission, and if a labor dispute arises between an employee and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with the law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Legal basis: Labor Contract Law of the People's Republic of China

Article 38 Under any of the following circumstances, an employer may terminate the labor contract and merge the employee: (1) the employee fails to provide labor protection or working conditions in accordance with the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations. If an employer forces an employee to work by means of violence, threat or illegal restriction of personal freedom, or if the employer violates rules and regulations and forces the employee to perform risky work that endangers the personal safety of the employee, the employee may terminate the labor contract immediately without prior notice to the employer.

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.

Legal Analysis: Useful. The company's arbitrary deduction of wages can be complained through the following methods:

1) The administrative department reports the lack of labor jujube sales (usually the labor management and supervision brigade); (2) You can also apply for arbitration directly (the arbitration fee is 200 to 300 yuan, and if you win, the company will bear all of it); (3) If the applicant is not satisfied with the arbitration result, he or she may file a lawsuit in court within 15 days after receiving the arbitration document; (4) In accordance with the provisions of the State, in the event of arbitration or litigation, it may be required to pay the wages and remuneration of the worker in full within the prescribed time, and to pay an additional economic compensation equivalent to 25% of the remuneration of the salary.

Legal basis: Article 15 The employer shall not deduct the wages of the employees, and the employer may withhold the wages of the employees under any of the following circumstances: (1) the individual income tax of the employees withheld and paid by the employer; (2) The various insurance premiums withheld and paid by the employer and borne by the employee; (3) The maintenance or alimony required to be withheld in court judgments or rulings; (4) Other expenses that may be deducted from the wages of workers as stipulated by laws and regulations.

1. The employee can negotiate with the employer;

In fact, negotiation is the preferred method of resolving conflicts, but negotiation requires skill.

The most taboo aspects of the negotiation are: First, there is no friendly atmosphere created before the consultation. The atmosphere of hostility will collapse no matter what is discussed; Second, the statement is irrational.

Negotiate taboo attacks or questioning the other person, which will make the other person feel that you are only venting and complaining, and there is no threat to them; Thirdly, always complaining about why, without coming up with a little constructive approach. Generally, let others find a way to solve it and let others choose one or the other, and others prefer to choose, so instead of complaining, it is better to take the initiative to propose a better solution for the other party to choose.

However, there are some situations where it is useless to have skills, and there are some units that are in arrears and deducting wages not out of helplessness, but deliberately, then they must refuse to negotiate amicably, and the workers can only solve it through the following methods.

Workers may lodge a complaint with the labor administrative department;

When you file a complaint with the labor administrative department, you actually file a complaint with the local labor inspection brigade where the employer is located. After the labor inspection brigade examines and accepts, the two parties will be administratively mediated. The advantage of this method is that, from the perspective of time efficiency, in first-tier developed cities, the labor inspection department will deal with the dispute in a timely manner after the complaint.

The worker may initiate labor arbitration;

When an employee applies to the labor arbitration commission for arbitration, he must first find out where the local labor arbitration commission is in, and then fill in three forms after entering the labor arbitration commission: (1) the application form; (2) a list of evidentiary materials; (3) Confirmation of the address of the parties. Therefore, before applying, it is important to gather evidence and know the correct address of the unit.

The evidence that needs to be collected to prove the identity of the employees of the unit may include:

1) Written labor contract, wage payment voucher or record, social security payment certificate, attendance record;

2) Certificate of dissolution (or termination) of the labor contract;

3) "Work Permit", "Service Certificate" and other documents that can prove identity;

4) Testimony of other workers;

The worker may apply to the local people's court for a payment order in accordance with the law.

If an employee is owed or has his wages deducted, he or she cannot directly file a lawsuit with the people's court, because the premise of a labor dispute lawsuit is to apply for labor arbitration first, but if he cannot file a lawsuit, he can directly apply to the court for a payment order. Article 30 of the Labor Contract Law stipulates that: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.

In addition, if the employer fails to perform within the time limit agreed in the agreement after the two parties have reached a mediation agreement, the employee may also apply to the people's court for a payment order with the mediation agreement.

To sum up, to solve the problem, we need to find the right way to solve the problem of arrears and deduction of wages by the unit, and there are four ways to solve it. It should be noted that it is not appropriate to sue directly.

Call 12333 to file a complaint and report it to the labor inspection department.

Directly apply for labor arbitration, claim compensation from the unit, and if the compensation is not paid, you can apply to the court for compulsory enforcement. If the labor arbitration is not accepted or.

If the arbitration is unfair, you can also file a civil lawsuit with the court within 15 days, which will be enforced directly through the court judgment.

Legal Analysis: Yes, evidence is required.

If the party concerned confirms that he has not violated the rules and regulations of the employer, or if the employee has caused losses to the employer, and the employer requires the employee to bear responsibility, and the deduction of wages exceeds 20% of the monthly salary of the party, it is an arbitrary deduction of wages by the employer, and the party concerned may apply for termination of the labor contract and labor relationship, and demand economic compensation. The parties concerned may report to the local labor inspection administrative department or apply for labor arbitration and other banquets.

Legal basis: Labor Contract Law of the People's Republic of China Article 85 In any of the following circumstances, the labor administrative department shall order the employer 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) Failure to pay the labor remuneration of the labor negotiator 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;

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.

It is illegal for a labor dispatch company to deduct wages, and workers can file a complaint with the local labor inspection brigade or apply for labor arbitration at the labor dispute arbitration department, claiming payment of the deducted or unpaid wages within a time limit.

Basic Process of Labor Arbitration:

1. Apply for arbitration within one year after the dispute arises and submit a statement of claim;

2. The arbitration commission shall make a decision on whether to accept the complaint within five days from the date of receipt of the claim;

3. The arbitral tribunal shall notify the parties in writing five days in advance;

4. Clear request, defense, investigation of facts, presentation of evidence and cross-examination, debate, statement;

5 Mediation; 6. If mediation fails, the decision shall be made.

In accordance with the Labor Contract Law

Article 58 A labor dispatch unit is an employer as used in this Law and shall perform its obligations to its workers. In addition to the matters specified in Article 17 of this Law, the labor contract concluded between a labor dispatch unit and a dispatched worker shall also specify the employing unit of the dispatched worker, the duration of the dispatch, the position and other circumstances.

The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched worker for a period of more than two years, and pay the labor remuneration on a monthly basis; During the period when the dispatched worker is not working, the labor dispatch unit shall pay him monthly remuneration in accordance with the minimum wage standard stipulated by the local people.

Article 60 The labor dispatch unit shall inform the dispatched worker of the contents of the labor dispatch agreement.

The labor dispatch unit shall not deduct the labor remuneration paid by the employing unit to the dispatched worker in accordance with the labor dispatch agreement.

Labor dispatch units and employing units shall not collect fees from dispatched workers.

Article 63 Dispatched workers shall enjoy the right to equal pay for equal work with the workers of the employing unit. The employer shall, in accordance with the principle of equal pay for equal work, implement the same method of labor remuneration distribution for dispatched workers and workers in the same position in the same unit. If the employing unit does not have workers in the same position, it shall be determined with reference to the labor remuneration of the workers in the same or similar position in the place where the employing unit is located.

The labor remuneration to be paid to the dispatched worker in the labor contract concluded between the labor dispatch unit and the dispatched worker and the labor dispatch agreement concluded with the employing unit shall comply with the provisions of the preceding paragraph.

Labor service companies are violating the law by deducting workers' wages except for those permitted by laws and regulations.

Labor Law of the People's Republic of China

Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Labor Contract Law of the People's Republic of China

Article 9 When an employer recruits a worker, it shall not seize the worker's resident identity card and other documents, nor shall it require the worker to provide a guarantee or collect property from the worker in any other name.

You can go to the Labor Inspection Brigade to complain.

What is the situation? Is it not paid according to the labor contract?