Labor law, afraid of not paying wages

If the employee's resignation expires and the employer defaults on deducting the employee's wages without reason, the employee may file a complaint with the local labor inspection department or apply for labor arbitration.

If an employer owes an employee wages, the employee has three ways to request payment of 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.

You yourself are also very clear that you signed a labor contract with the security company, and whether the security company can get money from the hospital does not affect whether you can get money from the security company, which are two different things. If the security company refuses to pay you on this ground, you can tell him that you have consulted a lawyer and that these are two different legal relationships. If the other party still refuses to budge, then you can go to your local labor arbitration department, and they will solve it for you without charge.

Seeing that it is not easy for you to make this little money, good luck.

Of course you have to pay for your work? Right or wrong, that's what you deserve.

Go to the labor inspection brigade to complain.

Absolutely illegal, you negotiate with him first, be sincere, if she still doesn't give it to you, you just say to apply for labor arbitration, if she is still indifferent, you go directly to the labor bureau to administer justice for you! And appropriately show some evidence of working at his place, such as punching in or work content, etc. Some harsh development cities directly let him suspend business for rectification, and he will not be merciful, no matter what her background is?

You must know that there is always a strong clan and a powerful country behind you!

If the employer fails to pay the employee's wages, it is illegal for the employee to apply for labor arbitration and demand the employer to pay the compensation for the illegal dismissal and the arrears of wages.

If a worker establishes a labor relationship with an employer, and the worker leaves on his own, the employer shall pay the employee's lawful wages in accordance with the law, and if the worker terminates the labor contract in violation of the provisions of this Law and causes losses to the employer, he shall be liable for compensation.

If there is a labor dispute between the worker and the employer, the worker may apply for labor arbitration at the labor dispute arbitration commission where the employer is located to protect his legitimate rights and interests.

Labor Contract Law

Article 50 The employer shall, upon dissolution or termination of the labor contract, issue a certificate of dissolution or termination of the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

Article 89 Where an employer violates the provisions of this Law by failing to issue a written certificate of dissolution or termination of a labor contract to a worker, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.

Article 90 Where a worker terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation.

Article 77 Where the lawful rights and interests of a worker are infringed upon, he or she has the right to request the relevant departments to handle the matter in accordance with law, or to apply for arbitration or file a lawsuit in accordance with law.

Article 78 Trade unions shall safeguard the lawful rights and interests of laborers in accordance with law, and shall supervise the performance of labor contracts and collective contracts by employers. If an employer violates labor laws, regulations, labor contracts, or collective contracts, the trade union has the right to submit opinions or request corrections; Where a worker applies for arbitration or initiates a lawsuit, the trade union shall provide support and assistance in accordance with law.

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 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts (Lao Bu Fa No. 1994 481) stipulates that if an enterprise deducts or defaults on the wages of an employee without reason, or refuses to pay the wages and remuneration for extended working hours, in addition to paying the wages and remuneration of the employee at the specified time, it shall also pay an additional economic compensation equivalent to 25% of the wages and remuneration.

Article 85 of the Labor Contract Law stipulates that if an enterprise violates its obligation to pay wages, including failing to pay the labor remuneration of the employee in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state, paying the wages of the employee at a lower than the local minimum wage standard, or arranging overtime work without paying overtime pay, the labor administrative department shall order the payment of labor remuneration and overtime pay 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 enterprise shall be ordered to pay additional compensation to the employee at the rate of 50%-100% of the amount payable.

Legal analysis: When faced with the employer's arrears of wages, the employee can report to the labor department and ask the employer to compensate the muslag; Of course, you can also file a complaint with the labor and social security administrative department to request intervention and investigation, or directly file an arbitration application with the labor dispute arbitration commission to request that the factory immediately pay the arrears of wages.

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 the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation:

1) Concealment of withholding or unjustified arrears of workers' wages;

2) Refusal to pay wages and remuneration for extended working hours; 3) Paying wages to workers at a rate lower than the local minimum wage. (4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.

Legal analysis: If the boss fails to pay wages in arrears, the employee can file a complaint with the labor department or apply for labor arbitration to recover wages. If the boss refuses to pay the remuneration, the worker can report the case to the public security organ.

Legal basis: Article 276 of the Criminal Law of the People's Republic of China: Where the payment of a laborer's labor remuneration is evaded by means such as transferring property, or escaping, or where the laborer's labor remuneration is not paid in the first place but is able to do so, and the amount is relatively large, and the payment is still not made after being ordered to do so by the relevant department, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine becomes a serious consequence, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

The labor law stipulates that wages cannot be deducted. If the employee suffers losses to the company due to personal dereliction of duty or other reasons, the company may deduct part of the employee's salary on a monthly basis according to the specific amount of economic losses, but shall not exceed 20% of the employee's monthly salary.

Article 3 of the Provisions on the Composition of Total Wages refers to the total amount of labor remuneration paid directly by each unit to all employees of the unit within a certain period of time. The calculation of total wages shall be based on the full remuneration paid directly to the employee. Article 4 of the Provisions on the Composition of Total Wages The total wages are composed of the following six parts:

1) Hourly wages; (2) Piece-rate wages; (3) bonuses; (4) allowances and subsidies; (5) Overtime wages; (6) Wages paid under special circumstances.

[Legal Analysis].When faced with the arrears of wages of the employer, the employee can report to the labor department and request compensation from the employer; Of course, you can also file a complaint with the labor and social security administrative department to request intervention and investigation, or directly file an arbitration application with the labor dispute arbitration commission to request an award for the immediate payment of unpaid wages by the factory.

[Legal basis].Labor Law of the People's Republic of China 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 at a rate lower than the local minimum wage. (4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.