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Wage arrears can choose to protect their rights by filing labor arbitration.
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 276-1 of the Criminal Law of our country stipulates: Whoever evades the payment of laborers' labor remuneration by means such as transferring property or escaping, or has the ability to pay but fails to pay laborers' labor remuneration, and the amount is relatively large, and the payment is still not made after being ordered to do so by the relevant departments, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.
Where a unit commits the crime in the preceding paragraph, the unit is 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 there are acts in the preceding two paragraphs, but serious consequences have not yet been caused, and the laborer's labor remuneration is paid before the public prosecution is initiated, and the corresponding liability for compensation is borne in accordance with law, the punishment may be commuted or waived.
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You can apply, but it may not be successful, and the litigation period has already passed in one month. You also need a labor president, and the statute of limitations for labor disputes is one year. You can apply for two months of social insurance after the signing of the employment contract.
It is possible to claim social insurance, double pay, overtime pay, and apply according to individual circumstances.
It is possible to claim the class fee through labor arbitration, and there is sufficient evidence that should be supported.
There are labor departments that impose penalties according to the labor law, and this depends on how the labor inspection department determines it.
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1. You can claim the payment of arrears of wages and compensation for delayed payment of wages, and you can claim double wages for 11 months during the period when you have not signed a labor contract. 2. Pay double wages for the period of delay in signing the labor contract, not more than 11 months. 3. You can ask for overtime wages during the overtime period.
4. The Labor Bureau shall impose penalties according to the specific circumstances of the investigation.
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If the boss is in arrears of wages, first negotiate with the boss to settle it, and if the negotiation fails, you can complain to the local labor bureau. You may also apply for labor arbitration, and if you are not satisfied with the arbitral award, you may file a lawsuit with the people's court.
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If the labor law is not complied with, the worker can file a complaint with the labor inspection brigade.
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You can find out more about it through the judicial aspect, because it's not very clear that this part is not doing this.
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1. If the wages are in arrears, you can complain to 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 your basic information. Then go to your company to investigate and find out that the matter is true, they will come forward to mediate, and warn you that the company's behavior has violated the labor law, and they will enforce it if they encounter a company that refuses to implement it.
Wage arrears are a common problem that you can solve by:
1).Report to the labor administrative department (usually the labor management inspection brigade.
2).You can also apply for arbitration directly (the arbitration fee is 200-300 yuan, and if you win, the company will bear all of it.
3).If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.
4).According to the provisions of the state, in the event of arbitration or litigation, you may request that the wages and remuneration of the employee be paid in full within the prescribed time, and that an additional economic compensation equivalent to 25% of the wages and remuneration be paid. (See the reference section for the specific legal basis).
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 and failing to pay economic compensation to the worker in accordance with this Regulation.
Legal consequences of non-payment of wages.
The employer shall, in accordance with the provisions of the labor contract and state regulations, pay the labor remuneration to the employee in full and in a timely manner.
Paragraph 1 of Article 30 of the Labor Contract Law Risk Impact:
1.The employee can terminate the contract.
According to Article 38 of the Labor Contract Law, if an employer fails to pay the employee in full and in a timely manner, the employee may terminate the labor contract.
2.Payment of compensation.
Article 91 of the Labor Law: "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 also order the employer to pay compensation
1) Deducting or defaulting on the wages of the workers without reason;
2) Refusal to pay wages and remuneration for extended working hours;
3) The wages of workers are paid below 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. It can be seen that if the wages of employees are in arrears without reason, the employer must pay the arrears of wages, compensation (25% of the arrears of wages) and, if necessary, compensation (provided that actual damage is caused).
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You can complain to the labor and social security bureau where the company is located about the company's arrears of wages, remember to provide the labor contract! But one consequence is that the company may not be able to stay any longer
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You can negotiate with the company, and if you can reach a consensus, you can follow the results of the negotiation. If you do not want the company to pay in installments, you can apply to the labor arbitration department for arbitration or file a lawsuit with the people's court. But only if the company has to pay you.
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According to Article 82 of the Labor Contract Law, if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.
Social security is purchased by the state on behalf of the employee.
The employer shall not deduct or default on the wages of the employee without reason.
Recordings can be used as evidence.
You can file a complaint with the local labor and social security inspection office or apply to the arbitration commission for arbitration.
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To apply for arbitration, the employer may not sign the labor contract and claim compensation of 2 times the salary. Don't believe the verbal one later.
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You can apply for labor arbitration, and if you do not sign a labor contract, you shall pay double wages, and the evidence of wages can be personal evidence or other written evidence, but the wages shall not be lower than the local minimum wage standard.
In this case, you can remember your clock-in record of working in the company as a record of your work in this company and apply for labor arbitration.
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
1. The salary of the month of resignation shall be paid at the time of resignation; >>>More
You need to write in writing that the employee may terminate the labor contract under any of the following circumstances: (2) the employer fails to pay the labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; You do not need to notify the employer in advance to terminate the labor contract for any reason, but you can request the employer to handle the matter in accordance with Article 50 of the Labor Contract Law: The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the procedures for the transfer of the employee's file and social insurance relationship within 15 days. >>>More
OK. 12345 is a citizen**, designed to solve various problems for citizens. However, wage arrears are labor and employment issues, and it is recommended to go to labor arbitration in a more targeted manner.