I lost money on the construction site, can I get my wages back if I overreported the wages to the wo

The contract clearance site is at a loss, and it cannot be used to overstate the wages of the workers to get it back. In general, there are only a few cases in which you can get your wages back:

1. The employer owes wages to the employee.

There are 3 ways for workers to claim 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.

2. Article 2 of the Labor Dispute Mediation and Arbitration Law 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.

I personally contracted the construction site to lose money, can I get it back if I overreport my salary to others? If the mother loses money on the construction site, she can overreport the wages to the workers, and the wages of the workers are already his labor income. It's impossible to get back.

As long as there is a contract or an agreement between you, including a verbal agreement, you are not going to come back, if you don't talk about credit, ask for more money in the way of overreporting wages to workers, this kind of thing will definitely be known, you do this, no one will dare to cooperate with you in the future, and there is fraud, if the other party calls the police, you will be in trouble, you must pay attention to integrity, you will lose money, this loss, the next time you earn it back, you can't go crooked.

If you contract the factory yourself, if you lose money, how much salary do you want to get back to your father-in-law, and it is generally impossible to get it back, after all, workers also have to work.

Legal analysis: If the contractor loses money, the migrant worker can negotiate with the employer first. If negotiation cannot resolve the issue, it can be resolved through the following legal means:

1) Complain and report to the local labor and social security inspection 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.

Legal basis: Article 9 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall be dealt with in accordance with the law.

Article 17 of the Regulations of the People's Republic of China on the Supervision of Labor and Social Security: The investigation of violations of the draft laws, regulations or rules of the Labor Security Law shall be completed by the administrative department for labor and social security 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.

Summary. Contracting the construction site, the company directly pays the workers, and they can come back if they play more. If the employer has overpaid the project price, it may claim a refund from the contractor, and if it fails to do so, it constitutes unjust enrichment, and the employer may file a lawsuit with the court to claim it.

Article 985 of the Civil Code of the People's Republic of China [Definition of Unjust Enrichment] Where the gainer obtains improper benefits without a legal basis, the person who suffers losses may request that the gainer return the benefits obtained.

Contracting the construction site, the company directly pays the workers, can you get it back if you call more?

Contracting the construction site, the company directly pays the workers, and they can come back if they play more. If the employer has overpaid the project price, it may claim a refund from the contractor, and if it fails to do so, it constitutes unjust enrichment, and the employer may file a lawsuit with the court to claim it. Article 985 of the Code of the People's Republic of China [Definition of Unjust Enrichment] If the gainer has no legal basis to obtain improper benefits, the person who has suffered losses may request the gainer to return the benefits obtained.

We contract the construction site, the money is directly paid to the workers by the company, because there are some reasons for the chain to make accounts, we need to add a few more construction periods to the original construction period of the workers, and we will return the money for those construction periods when the time comes, but the workers are bent to take the money and blacken my shed fingers, what to do if they don't return.

Legal means may be used.

To sue them to return to the hands of the chance of coming, there is a suspicion that we went ahead of time to search for the limbs and let us give her an IOU, IOU 11960, and the result is 15960 on her accountThere is also one that should be refunded 2900 back, but it has not been returned, and the other workers have returned, so he missed the mold and did not return it and blacked us out.

You can sue for it, and the odds are very high.

How long does it take to sue to settle a case like this.

The Civil Procedure Law clearly stipulates that the trial time limit for applying the summary procedure is 3 months, and the case must be concluded within 3 months, and the trial time limit cannot be extended. People's courts applying the ordinary procedures to hear cases shall conclude trial within 6 months from the date on which the case is filed. Where there are special circumstances that require an extension, the president of that court is to approve the molding, and an extension of six months may be given; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.

Can she be detained for such behavior?

The main thing is that this behavior is too annoying.

Can be detained. I also hate this kind of behavior very much.

Is it because the prosecution is successful that she can be detained, I see that the eyes of money are open, and we have already lost a lot of money on this construction site, so the spike company wants to do more work on the workers, so as to subsidize our living expenses, but I didn't expect these two workers to do this.

I really didn't expect it.

If you win the case, you can.

Summary. The contractor is also a kind of contract, and if you lose money, you should analyze the specific reasons. If the contract is obviously unreasonable and lower than the cost price, it can be re-approved.

If the employer causes the work, it can claim compensation from the employer. If the contractor is not well organized, it will have to bear the loss. The wages of migrant workers may be paid to the special wage account for migrant workers set up by the labor department.

The contractor is also a kind of contract, and if the slag file is compensated, the specific reasons should be analyzed. If the contract is obviously unreasonable and lower than the cost price, it can be re-approved. If the employer causes the work, it can claim compensation from the employer.

If the contractor is not well organized, it will have to bear the loss. The basic wages of migrant workers can be paid to the special wage account for migrant workers set up by the labor department.

If the negotiation cannot be resolved, it can be resolved through the following legal channels: (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 should 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 any party is dissatisfied after labor arbitration, it may file a lawsuit with the court of 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. Article 9 of the Law on Mediation and Arbitration of Labor Disputes Article 9 Where an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of 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 investigation of the violation of labor security laws, regulations or rules in accordance with the law Article 17 The investigation of the violation of labor security laws, regulations or rules by the labor security administrative department shall be completed within 60 working days from the date of filing the case; 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. If you need legal help, view the introduction, if you need help, please pay for consultation, you can click on the right to ask and go in to pay!

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Hello! If the contractor loses money, your own salary will be gone! Because it's a wild or bad thing to do on your own!

You have to bear the consequences! If the wages of the workers cannot be paid, and you can afford to pay, you can solve the problem in the following ways! (1) It is recommended to settle through negotiation, and if the Song clan fails to negotiate, apply for labor arbitration; (2) You can collect relevant evidence, such as pay slips, punch-in records, work uniforms, work information, witness testimony, audio recordings, and other evidence that can prove the existence of labor relations, and require the employer to pay double the wages of the unsigned labor contract; (3) They can complain to the labor inspection department and request supplementary payment or corresponding economic compensation; (4) may require the branch to pay one month's payment in lieu of notice; (5) The unit may be required to pay the arrears or deducted wages and the amount of the arrears or deducted wages plus 25 economic compensation; (1) The process of claiming the court for the project payment:

1. When a party files a lawsuit, it shall first submit a statement of indictment, and submit a corresponding number of copies according to the number of opposing parties.2. According to the principle of "whoever asserts shall present evidence", the plaintiff shall submit relevant materials to the court. 3. The parties submit documentary evidence to the court, listing in detail the name and number of pages of the evidence submitted. 4. Within seven days after the parties have completed the necessary formalities and submitted all relevant evidence, the case filing tribunal shall handle the case filing formalities for those who meet the requirements for case filing; Where the requirements for filing a case are not met, it is to be ruled in accordance with law that two lists of evidence should be filled out.

Legal analysisMigrant workers are counted as migrant workers. 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.

Legal basisLaw of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 5 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.

Article 27 The limitation period for applying for arbitration of labor disputes shall be one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed. The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations.

From the time of interruption, the arbitration limitation period is recalculated. Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

If wages are in arrears, they can file a complaint with the Safeguard Supervision Brigade of the labor department, or they 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 the following methods: (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: In any of the following circumstances, the labor administrative department shall order the employer to pay the remuneration, overtime pay or economic compensation within a specified period of time; 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 lower than the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Terminating or terminating the labor contract and failing to pay economic compensation to the employee in accordance with these Regulations.