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Communicate with the boss first, if it doesn't work, you will go to the labor bureau to sue him. You can come back.
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If you don't owe much, I suggest you forget it Because it's too troublesome, and you don't even have a contract Even if you go to sue him, you have to go to that city Although it's a dumb loss, but there is really no way, unless you go back to labor arbitration, I guess you won't go, because that, not only troublesome, but also have to find evidence yourself, and you have to wait for time.
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Legal analysis: 1. First of all, the employee must prove the existence of a labor relationship with the employer and the amount of arrears, including the labor contract, wage payment certificate, etc.
2. If no labor contract is signed, the work permit, the employer's recruitment registration form filled in by the employee, attendance records, testimonies and recordings of other workers can be used as evidence.
3. For the act of maliciously defaulting on wages, in addition to paying the wages and remuneration of the workers in full, an additional economic compensation equivalent to 25% of the wages and remuneration shall be paid.
4. After the worker has sufficient evidence, he can negotiate with the boss to settle the problem, and if the negotiation fails, he can report to the Labor Training Cong Zheng Supervision Brigade or apply for labor arbitration. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.
Legal basis: Labor Contract Law of the People's Republic of China
Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:
1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;
2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;
3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;
6) Termination of the labor contract in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;
7) Other circumstances provided for by laws and administrative regulations.
Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.
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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 salary 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 25% of the economic compensation according to the arrears of wages.
3. You can also apply for arbitration directly. Legal basis: Interim Provisions on Payment of Wages Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum when the labor contract is dissolved or terminated.
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Apply to the Labor Arbitration Commission, an internal agency of the Labor Bureau, for labor arbitration to get back wages.
According to Article 2 of the Labor Dispute Mediation and Arbitration Law, this Law shall apply to the following labor disputes between employers and employees 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.;
6) Other labor disputes as stipulated by laws and regulations.
Article 28 The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents. The statement of claim for arbitration shall contain the following particulars:
1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;
2) the claim for arbitration and the facts and reasons on which it is based;
3) Evidence and evidence**, names and addresses of witnesses.
If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party.
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If you leave your job and your boss doesn't pay you the salary you deserve, you can consider taking the following steps: First, you should contact your boss or HR department to ask if they have arranged the payment and ask for evidence to be provided to you. If they can't give a clear answer, you can consult your local labor department or employee advocacy organization for help.
Second, you can seek legal action. You can ask a lawyer to draft a formal legal letter and send it to your employer. If that doesn't work, you can sue your employer for the wages you deserve.
But before you do that, you need to make sure that you keep all relevant evidence such as contracts, pay stubs, correspondence records, meeting minutes, etc.
Finally, even though you haven't signed a contract, you can still fight for the high withered silver salary you deserve through legal means. If you lose the judgment when communicating with your employer in the future, you should adhere to the principles of being based on facts, fairness and honesty, and maintain a calm and professional attitude. At the same time, consider various options to resolve the issue in consultation with the employer, such as installment payments, employment certificates, or other forms of compensation, to alleviate the dispute between the parties.
In short, even if a contract has not been signed, there is still the right to receive the wages due. If you encounter such a situation, please do not panic or fear to defend your rights, and protect your rights and interests through legal action or other means. <>
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Legal analysis: The labor administrative department shall order the employer to pay the wages and remuneration and economic compensation of the employee, and may also order the payment of compensation.
Legal basis: Article 91 of the Labor Law of the People's Republic of China Where a worker's wages are deducted, 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.
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What should I do if my boss doesn't pay me my salary, but I don't sign an employment contract? Are there any previous pay stubs? The worker's certificate can be used as evidence.
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This situation is really difficult to do, because you and the boss have not signed a labor contract, and the boss does not pay you a salary. You don't have any proof that you're his employee and that he owes you money.
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Employers shall not deduct wages without reason. If the deduction is made, you can first negotiate with the boss about the payment of wages; If the negotiation fails, it may file a complaint or report with the labor and social security department or apply to the labor dispute arbitration commission for labor arbitration. In addition to the labor contract, the existence of an employment relationship can also be proved from documents such as wage payment records, work permits, work clothes, and witness testimony.
Legal basis: Article 50 of the Labor Law stipulates that wages shall be paid to the worker himself in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
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.;
6) Other labor disputes as stipulated by laws and regulations.
Regulations on the Supervision of Labor and Social Security
Article 10 The administrative departments for labor and social security shall carry out labor security inspections and perform the following duties:
1) Publicize labor security laws, regulations, and rules, and urge employers to implement them;
2) To inspect the employer's compliance with labor security laws, regulations and rules;
3) To accept reports and complaints about violations of labor security laws, regulations or rules;
4) Correct, investigate and deal with violations of labor security laws, regulations or rules in accordance with the law.
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Contact the boss again, ask him to settle his salary, record the sound with his mobile phone, and if it still doesn't work, collect relevant evidence and complain to the labor inspection brigade.
If you don't sign a contract after a month, can you ask for double pay per month?
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One is to find evidence, your entry time, departure time;
The second is to find witnesses, your colleagues, to prove that you are at work;
The third is to negotiate and settle, maybe you have something wrong.
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After leaving the company, the boss does not pay the salary, but does not sign the labor contract, then there is no way, there is no labor law protection.
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Bosses who have work and don't want to pay wages will find a taboo Shengying Plastics Wang Xiaogang is one of them.
If you leave your job voluntarily, you will be paid, otherwise it will be a violation of the law by the unit. If you voluntarily leave your job and your employer is in arrears of wages, you can go to the labor bureau to complain. The day of termination of the labor contract is the wage settlement date; If the company is in arrears of wages, the workers can complain to the labor inspection brigade, and the labor inspection brigade will order the employer to pay the wages within the time limit, and if the payment is not made within the time limit, additional compensation will be paid; If the coordination fails, the parties will then apply for labor arbitration. >>>More
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It is an illegal act, and the boss does not pay wages, and he can protect his interests through legal means. Employees have the right to receive wages and remuneration for the actual working period, and the company's refusal to pay wages is illegal. Wage arrears can choose to protect their rights by filing labor arbitration. >>>More