What to do if you resign and your boss is in arrears and has not paid your salary for half a year

The first is to collect evidence, including attendance sheets, original pay slips, salary cards, etc., to the labor inspection brigade to complain about the enterprise, and if the effect is not good, you can apply for labor arbitration. The second is to have the idea of choosing your own career, and you must leave resolutely when it is time to leave, after all, drinking the northwest wind is not against famine.

It is recommended that you go to the labor office, and they will deal with such problems in general.

You can choose to present relevant evidence and go to the labor department to prosecute. In general, in this way, you can get your salary back.

There are some staff members who resign for some reason in the course of their work. However, the company is very slow to pay itself, even beyond the normal time frame. In this case, you can go to the labor department to file a lawsuit and get your wages back.

1. Present relevant evidence to the labor department for prosecution.

After a company has made a resignation, if the company has been in arrears of wages and has been in arrears for more than normal. In this case, you can come up with relevant evidence, such as salary card records, or some chat records with the company's finance, to put it simply, you can come up with evidence that can prove that you did not get the relevant wages within the specified time, and go to the relevant labor department to prosecute. In this way, you can generally get your own salary.

2. It is a mistake for the company to continue to pay wages.

In fact, for any company, if the employee resigns, it is not able to pay the employee within the specified time, which is a wrong behavior. However, due to some reason, the company is unable to pay wages to the departing employees in a timely manner at the specified time, and can communicate with the relevant departing employees and reach a consensus through communication, it is possible to postpone the time for paying wages. <>

3. My personal opinion.

I think that after resigning from the company, it is generally desirable to be able to settle the relative salary as soon as possible. And after settling the relevant salary, you will start the process of looking for a new job, and in the process of finding a new job, you will not be troubled by the salary of the previous company. Therefore, I personally think that for any company, it should do its best to pay the resigned employees within the specified range.

If the resigned enterprise does not pay wages and the negotiation fails, it can complain and report to the labor administrative department, or it can file a labor arbitration. If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears in medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle the matter in accordance with law. Legal basis:

Labor Contract Law of the People's Republic of China Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner. 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.

Labor arbitration can be conducted, and a lawsuit can be filed against the company. Wage deduction or non-payment is illegal, and most of the labor arbitration in this case is won by the employee, and the company will settle out of court in order to save trouble, so directly suing the company is the most effective way.

You can go to the company's accountant to negotiate and solve it, and if it still can't be resolved, call 12315 consumer complaints** to protect your rights.

I think the best way is to collect evidence and then go to the labor bureau to apply for labor arbitration, so that you can get your own salary.

If the resigned boss refuses to pay the wages and the employer refuses to pay the remuneration, the employee can either report and complain to the labor inspection department or apply to the labor arbitration commission for labor arbitration to claim wages from the employer. If the employer deducts wages by terminating the labor contract, it is also required to pay the employee severance for the termination of the labor contract.

1. Compensation for dismissal includes:

1. One month's salary shall be paid for each year of service, and if the work is more than six months but less than one year, it shall be calculated as one year; If the employee has worked for less than six months, he or she shall be paid half a month's salary to the employee;

2. The law stipulates that the maximum number of years for which economic compensation can be paid to employees shall not exceed 12 years. If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the prescribed economic compensation standard.

2. The process of resignation is as follows:

1. The resignee fills in the resignation application form in person and submits it to the relevant functional departments of the unit;

2. After receiving the resignation application, the unit shall examine and approve it according to the situation, and if the resignation application is not approved, the unit shall fill in the relevant columns whether the relevant circumstances of the application are true;

3. For the resignation reviewed or approved, the unit shall fill in the notice of transfer of the resigned personnel file and transfer it to the talent exchange service agency affiliated to the ** personnel department at the same level;

4. **The personnel exchange service agency of the personnel department receives the materials transferred by the unit where the resignation belongs, fills in the receipt after counting, and completes the transfer of the resignation's personnel file;

5. After signing the file management agreement with the resignee, the talent exchange service agency affiliated to the personnel department shall issue a certificate of resignation to the resignee and complete the resignation procedures.

To sum up, if the resigned boss refuses to pay wages and the employer refuses to pay the remuneration, the employee can either report and complain to the labor inspection department, or apply to the labor arbitration commission for labor arbitration to claim wages from the employer. If the employer deducts wages for the purpose of terminating the labor contract, it is also required to pay the employee severance for the termination of the labor contract.

1. What are the procedures for handling resignation?

The process of resignation is as follows:

1. The resignee fills in the resignation application form in person and submits it to the relevant functional departments of the unit;

2. After receiving the resignation application, the unit shall examine and approve it according to the situation, and if the resignation application is not approved, the unit shall fill in the relevant columns whether the relevant circumstances of the application are true;

3. For the resignation reviewed or approved, the unit shall fill in the notice of transfer of the resigned personnel file and transfer it to the talent exchange service agency affiliated to the ** personnel department at the same level;

4. **The personnel exchange service agency of the personnel department receives the materials transferred by the unit where the resignation belongs, fills in the receipt after counting, and completes the transfer of the resignation's personnel file;

5. After signing the file management agreement with the resignee, the talent exchange service agency affiliated to the personnel department shall issue a certificate of resignation to the resignee and complete the resignation procedures.

Article 50 of the Labor Law of the People's Republic of China stipulates that wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

After resignation, if the employer is in arrears of wages, the employee may file a complaint with the local labor administrative department; Labor arbitration may also be filed with a labor arbitration institution. If the employer still does not pay wages after arbitration, the employee may apply to the people's court for compulsory enforcement.

Article 9 of the Interim Provisions on Payment of Wages.

When both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

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 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 is required to pay economic compensation to a worker 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.

If the boss resigns and does not pay wages in arrears, employees can take the following measures to protect their rights and interests:

Report to the labor administrative department. It is what we usually call the law enforcement brigade of the Human Resources and Social Security Bureau to report complaints. You need to bring relevant materials to accompany you, such as ID cards, labor contracts, and employee IDs.

2 .Apply to the Labor Arbitration Commission for arbitration. Proof of identity of the applicant is required, proof of identity of the respondent:

The respondent is the business license of the employer we want to sue, the list of evidence and evidence: there are many evidences used in labor disputes, and specific issues should be analyzed in detail. For example, labor contracts, bank statements of monthly wages, social security payment records, punch-in records, audio and video recordings of conversations, etc., are all evidence.

Labor Dispute Arbitration Application Paper.

If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.

If the labor arbitration commission does not accept the case or the arbitration is unfair, you can also file a lawsuit in the court within 15 days after receiving the arbitration letter.

If you resign, your boss will not pay you the salary, and you will be dealt with as follows:

1. Negotiate with the employer;

2. Complain to the labor administrative department;

3. Apply for mediation to the mediation organization;

4. Apply to the Labor Dispute Arbitration Commission for arbitration;

5. Dissatisfied with the arbitral award, file a lawsuit with the people's court.

What is the arrears of wages arbitration process?

1. Go to the labor dispute arbitration committee in the local human resources and social security bureau to apply for labor arbitration;

2. Submit 2 copies of the arbitration application form and 1 copy of the applicant's ID card; 2 copies of relevant evidence and a list of evidence; In some areas, it is also necessary to provide the business registration information of the employer;

3. After submitting the materials, the arbitration commission will file the case within 5 working days. give both parties time to present evidence;

4. ** Hearing, and mediation between the two parties, mediation fails to achieve an award issued by the Arbitration Committee;

5. Labor arbitration shall be concluded within 60 days.

Legal basis:Article 5 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.

In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

1. What should I do if the boss does not pay my salary after resigning?

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 25% of 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. Secondly, after confirming the labor relationship, the employer can be required to pay social insurance and wages in retroactive terms. Third, the employer shall notify the employee one month in advance when terminating the labor contract, 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 at the Nazen Court within 15 days after receiving the arbitration letter.

Second, the company does not pay wages to complain

1. Complain to the labor bureau where the employer is located.

2. Complain to the labor arbitration commission where the employer is located.

3. Workers need to pay attention to the following in protecting their rights in arrears of wages

1. Confirm the facts of the labor relationship with the unit, such as payroll, attendance records, and documents in the process of work.

2. After confirming the labor relationship, you can negotiate with the boss and ask the employer to pay back wages for the illegal behavior of the unit in arrears of wages.

3. If the negotiation fails, bring the relevant materials to the labor bureau to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration.

4. If the amount of arrears of wages is relatively large, you can directly ask a lawyer to file a lawsuit and recover the arrears of wages through litigation.

From the above description, we can know that if the company does not pay wages after the employee resigns, there are many ways to solve the problem, and you can negotiate with the company to ask the company to pay the arrears of wages in a timely manner. If the negotiation fails, you can file a complaint with the relevant department. It is also possible to apply for labor arbitration or file a labor lawsuit.

1. In the case of wage arrears by the employer, the worker shall first negotiate with the employer, and if the negotiation cannot be resolved, the employee may resolve the matter through the following legal means: (1) Complain and report to the local labor and social security supervision agency; (2) To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application must be submitted to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute; (3) Resolve through litigation. This is divided into three cases:

First, for labor dispute cases, if either party is dissatisfied after labor arbitration, it may file a lawsuit with the court; Second, if the employer does not enforce the labor arbitration award after the labor arbitration award takes effect, the employee may apply to the court for compulsory enforcement; Third, those who belong to the category of labor arrears can directly file a civil lawsuit with the court. 2. Legal basis: 1) Article 9 of the Labor Dispute Mediation and Arbitration Law Article 9 Labor InspectionIf an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or defaulting on medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, and the labor administrative department shall handle it in accordance with the law 2) Article 17 of the "Labor Security Supervision Regulations" The labor security administrative department shall investigate the violation of labor security laws, regulations or rules, It shall be completed within 60 working days from the date on which the case is filed; If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.