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It's been half a year, a long time.
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It is recommended that together with other colleagues who are owed wages, go to the local labor inspection brigade with jurisdiction to report and complain and collect the arrears of wages. Ask for a solution. The Labour Code stipulates that wages are paid on a monthly basis.
If the company is in arrears, the worker can file a complaint with the labor inspection brigade, which will order the employer to pay the wages within a time limit, and 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 7 of the Interim Provisions on Payment of Wages stipulates that wages must be paid on the date agreed between the employer and the employee. In the event of a holiday or rest day, the employee shall be paid in advance on the nearest working day: (1) the labor remuneration of the employee shall not be paid 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) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
The labor administrative department shall order the payment of 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 according to the standard of between 50% and 100% of the amount payable: if the problem still cannot be solved or you are not satisfied with the result, you will file a lawsuit with the court to deal with it without spending money. Ask for a solution.
The Labour Code stipulates that wages are paid on a monthly basis. If the company is in arrears, the worker can file a complaint with the labor inspection brigade, which will order the employer to pay the wages within a time limit, and 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 7 of the Interim Provisions on Payment of Wages stipulates that wages must be paid on the date agreed between the employer and the employee.
In the event of a holiday or rest day, the employee shall be paid in advance on the nearest working day: (1) the labor remuneration of the employee shall not be paid 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) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations. The labor administrative department shall order the payment of 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 50% to 100% of the amount payable: if the problem cannot be solved or you are not satisfied with the result, you will file a lawsuit with the court.
The employer has deducted or defaulted on wages
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Legal analysis: The company's boss can generally get his salary back, first of all, the employee can file a lawsuit to freeze the company's boss's assets, and the frozen part is used to repay the arrears of wages. If the wages of the employees are not paid, the labor union of the enterprise will first mediate, and then apply to the labor inspection department to intervene, and if the boss runs away, he can also seek help from the police and put the boss on the list of dishonest persons.
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 worker 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.
Article 38 Where an employer fails to pay a worker labor remuneration in full and in a timely manner, the worker may terminate the labor contract.
Labor Law of the Contract 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 it to pay the worker's wages and remuneration and economic compensation, and may order the employer to pay compensation: (1) deducting or defaulting on the wages of the worker without reason; (2) Refusal to pay wages and remuneration for extended working hours; (3) The wages of the workers are paid lower than 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. ”
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Summary. You mean that you worked for your boss a year ago, but you didn't get paid. At that time, you asked your boss for it, and the boss said that the salary was wrongly paid to someone who looked like you.
Now the boss has informed you to go and get back the salary you deserve.
Then you can ask the boss to remit it to your bank, or you can pick it up in person, bring your ID card, and beware of someone who looks like you going to claim it again.
A year ago, I was paid to someone else in the wrong way, and now my boss is asking me to get it back.
You mean that you worked for your boss a year ago, but you didn't get paid. At that time, you went to ask the boss for it, and the boss said that the salary was wrongly paid to a person who looked like you in the town. Now the boss has informed you to go and get back the salary you deserve.
Then you can ask the boss to remit it to your bank, or you can get it yourself, bring your ID card, and beware that someone who looks like you will go to claim it again.
Do you have any new questions?
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Summary. Hello dear! I'm glad to answer for you, the salary three years ago was settled, and now the boss is going to pay again, and the boss said that it is illegal to return all the wages and not return them, and if they refuse to return the excess wages, if they meet the constitutive elements of the crime of embezzlement, they are suspected of constituting the crime of embezzlement.
If the wages are overpaid and the employer requests a refund, it shall be refunded. If the employer pays more wages to the employee due to work mistakes, the employee has no legal basis for unjust enrichment.
The salary three years ago was settled, and now the boss is going to pay again, and the boss said that it is illegal to return all the money and not return it.
The money has been paid to my card, and the boss said that he would return it all, is it illegal not to return it?
Hello dear! I'm glad to answer for you, the salary three years ago was settled, and now the boss is going to pay again, the boss said that it is illegal to return all the wages and not return them, and refuse to return the extra wages, which meets the constitutive elements of the crime of embezzlement, and the worldly suspicion constitutes the crime of embezzlement. Where wages are overpaid, and the employer requests a refund, it shall be refunded.
If the employer pays more wages to the employee due to work mistakes, the employee has no legal basis for unjust enrichment.
Hello, according to Article 92 of the General Principles of the Civil Law, the worker shall return it. If the worker does not return the return, the employer may file a civil lawsuit to demand the return in accordance with the law. Article 92 of the General Principles of the Civil Law provides that where improper benefits are obtained without lawful root infiltration and distribution, causing losses to others, the improper benefits obtained shall be returned to the person who suffered the losses.
Dear, have you communicated with the company here? Ready to return?
It was the boss who earned the money and took my card to the company to help get the money out.
Hello dear! I am glad to answer for you, this is an illegal act, but also a kind of workplace fraud and theft, for this situation, it is recommended that you contact ** or relevant departments to report, as soon as possible to protect your rights and interests. At the same time, other people's money deposited in your card is unjust enrichment, and if the other party asks for it, it must be returned.
According to Article 122 of the General Provisions of the Civil Law, the person who suffers losses has the right to request the return of the improper benefits because another person has no basis for the legal group to harass and obtains improper benefits. It is precisely because there is no legal basis for unjust enrichment, even though it is a fait accompli, it cannot be protected by law, and the unjust enrichment should be returned to the person who suffered the loss.
This relationship of rights and obligations is the debt of unjust enrichment.
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First of all, the employee can file a lawsuit to freeze the assets of the company boss, and the frozen part is used to repay the arrears of wages. If the wages of the employees are not paid, the labor union of the enterprise will first come forward to mediate the number of banquets, and then apply for the intervention of the labor inspection department, and if the boss runs away, he can also seek help from the police and put the boss on the list of dishonest persons.
1. What should I do if I am owed wages?
If the employer is in arrears of wages, he or she can file a complaint with the security supervision brigade of the labor department, or 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 the company, and the labor inspection brigade will file a case and leave basic information. Then go to the company to investigate and find out that if the matter is true, they will come forward to mediate, and warn the company that the 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 workers can solve by:
1. Report to the labor administrative department (usually the labor management and supervision team).
2. You can also apply for arbitration directly (the arbitration fee is 200 300 yuan, and if you win, all will be borne by the company).
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, Yuqi may request that in addition to the full payment of the wages and remuneration of the employee within the specified time, an additional economic compensation equivalent to 25% of the salary and remuneration shall be paid in addition to the full payment of the employee's wages and remuneration within the specified time.
Second, is the salesman responsible for running away from the company?
The boss runs away and the employee does not need to be held responsible, because for the company, its employees are also a victim to some extent, and the employee does not need to bear some responsibility for this behavior, of course, if the employee participates in the illegal fund-raising of the company's boss, it is necessary to be liable.
3. What should I do if the company does not pay wages for two months?
If the company does not pay wages for two months, the employee can first negotiate with the company, and if the negotiation fails, he or she can file a complaint with the local labor inspection department, and they will supervise and inspect the employer in accordance with the "Labor and Social Security Supervision Regulations" in accordance with the law, and order the employee to pay the arrears of wages. Alternatively, you can apply to an arbitration institution for labor arbitration.
Go to your local labor arbitration department to apply for labor arbitration. If the situation you state is true and there are no other circumstances in which you are at fault, then it can be said that you can definitely get your severance pay in a lump sum. In addition, if you do not sign a labor contract, in this case, the company should pay you double the salary during the time when the labor contract was not signed in time, that is, when you apply to the arbitration commission, you can apply for the reason that the company does not sign the labor contract with you, on the one hand, because the company is at fault, you can still get about half a month's economic compensation, on the other hand, because the company has not signed a labor contract with you in time, then except for the first month of your employment, you should have double salary every month thereafter. >>>More
In fact, according to the provisions of the labor law, you can file an arbitration with the local labor department, regardless of whether you have signed the contract or not, and a de facto labor relationship has been formed, you can ask for this money.
Labor relations: In case of arrears of wages, the employee may file a complaint with the labor inspection department or apply to the labor dispute arbitration commission for labor arbitration. >>>More
It's not right for the boss to do that.
You don't care whether the boss has given your salary to someone else, anyway, you haven't received your salary now, I think you should go to the boss to get the salary back, and this result must be borne by himself, because he paid your salary to someone else without your consent, which is his problem. >>>More
The best way is to go to his house to eat, drink, and live