What should I do if my boss doesn t pay me if I leave my job, and what should I do if my boss doesn

Updated on workplace 2024-06-04
13 answers
  1. Anonymous users2024-02-11

    New Labor Contract Law.

    Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

    1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

    2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

    3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

    Article 41 In any of the following circumstances, where it is necessary to lay off 20 or more employees or less than 20 but accounting for more than 10 percent of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or the employees, it may reduce the number of personnel after reporting to the labor administrative department:

    1) Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law;

    2) Serious difficulties occur in production and operation;

    3) The enterprise still needs to lay off personnel after changing the labor contract, after changing the labor contract;

    4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.

    Article 43 Where an employer unilaterally terminates a labor contract, it shall notify the labor union of the reasons in advance. If an employer violates the provisions of laws, administrative regulations or the provisions of the labor contract, the trade union has the right to request the employer to make corrections. The employer shall study the opinions of the trade union and notify the trade union in writing of the outcome.

  2. Anonymous users2024-02-10

    If the term in the contract has not yet reached the time limit of the company's dismissal, the employee needs to be compensated for a certain amount, depending on how the contract is written.

  3. Anonymous users2024-02-09

    Hehe...! If, according to the provisions of the labor law, all employees who leave the company or are dismissed must be handed over, and the handover is completed before they can leave the job.

    You are sure that you have completed the resignation formalities and you have the right to get your wages back in accordance with the legal process. I don't know how you do business, if you hand over the documents completely, there is no need to recover the payment and debt for the company.

  4. Anonymous users2024-02-08

    Legal analysis: When resigning, the employer shall pay the employee a lump sum payment. Those who are envious of the employer must give one month's written notice to the employer to resign, but do not need to apply. If it is during the probationary period, it is sufficient to give oral notice to the employer within three days.

    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 full at the time of dissolution or termination.

    Under review.

  5. Anonymous users2024-02-07

    Legal analysis: If the resigned boss does not pay the salary, the employee can file a complaint with the labor inspection brigade or directly apply for labor arbitration.

    Legal basis: Labor Contract Law of the People's Republic of China

    Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor 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 the employee 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 employee's labor remuneration 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.

    Article 86 Where a labor contract is confirmed to be invalid in accordance with the provisions of Article 26 of this Law and causes damage to the other party, the party at fault shall be liable for compensation.

  6. Anonymous users2024-02-06

    Legal analysis: 1. Negotiate with the company first. 2. If it doesn't work, the easiest way to complain is to complain to the local labor law enforcement inspection brigade.

    3. Or directly apply for labor arbitration. 4. Go to the local labor bureau to complain. The labor administrative department will order the employee to pay labor remuneration or compensation.

    Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China If an employer falls under any of the following circumstances, the labor administrative department shall order it to pay 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 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) Allowing Qin to 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.

  7. Anonymous users2024-02-05

    If the company resigns and does not pay wages, and the negotiation fails, it can complain and report to the labor administrative department, and Duan Jushan can also 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 defaults on the payment of labor remuneration or fails to pay the full amount of labor remuneration, the worker may apply to the local people's court in accordance with the law for a payment order, and the people's court shall issue a payment order in accordance with the law.

  8. Anonymous users2024-02-04

    It's impossible not to send it, the boss is not so stupid. It's just that the length of time to pay wages is fast and fast. Be more patient in everything, the salary should be given to you will definitely not be less, if you still don't give it, then go directly to the labor bureau to complain about it.

  9. Anonymous users2024-02-03

    Call the location 12333** to complain to the boss and ask them for help.

  10. Anonymous users2024-02-02

    If you can apply for labor arbitration if you do not pay wages, you can directly file a complaint with the labor bureau.

  11. Anonymous users2024-02-01

    If you leave your job and your boss doesn't pay your salary, you should do this.

    Tools Raw material resignation certificate, salary slip, labor contract resignation certificate, salary slip, Wuhui Oak labor contract 1 If it is self-departure (that is, a few days for a miner), please go to the company to complete the resignation hand cover.

    If you go through the resignation procedures, you will not be paid

    1. Negotiate with the company first. If not, the easiest way to complain is to file a complaint with the local labor law enforcement inspection brigade, 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 it to pay the arrears of wages. The most effective is to apply directly to the local labor administrative department for labor arbitration (no fees, no lawyers), and through the award issued by the labor arbitration, claim compensation from the unit, and if the compensation is not paid, you can apply to the court for enforcement.

    2. You can go to the local human resources ** to complain, or you can go to the mayor's mailbox or something.

    3. Go to the local labor bureau to complain.

    It's better to negotiate with the company, and it really can't be defended by law.

  12. Anonymous users2024-01-31

    If wages are not paid after resignation, they can report and complain to the local labor inspection brigade that has the authority to administer and defer care, and the labor inspection brigade will order them to pay labor remuneration within a time limit; or apply to the mediation organization for mediation, and if the mediation is unwilling, the mediation fails, or the mediation agreement is not performed, it may apply to the labor dispute arbitration commission for arbitration; or directly apply to the Labor Dispute Arbitration Commission for arbitration.

    The procedure is designed specifically for the resolution of labour disputes and is free of charge.

    If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

    Article 85 of the Labor Contract Law of the People's Republic of China If an employer falls under any of the following circumstances, the labor administrative department shall order it to pay 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 the compensation within the time limit, the employer shall be ordered to pay the employee additional compensation according to the standard of 50% to 100% of the amount payable: (1) failing to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state, ( ) paying the employee's wages below 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.

    Law 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.

  13. Anonymous users2024-01-30

    Legal analysis: 1. Negotiated settlement. 2. If the company reports to the labor administrative department that the company does not pay the employee's wages on time, the employee can 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: Article 85 of the Labor Contract Law If an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the part of the difference in the deferred travel quota shall be paid; If the payment is not made 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

    1) Failure 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) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

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