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If it is a large company, they are very concerned about their reputation, so as long as you go through the normal resignation process, contact the unit human resources, and the salary will definitely be paid.
If it is a small company or some private small enterprises, first contact the unit again, explain the situation, ask the other party to give a reason for not paying wages, if it is still unreasonable to refuse, then contact the trade union organization in the area, generally in this case they will coordinate with the department.
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Is it an automatic resignation without approval?
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1. If a mediation agreement is reached due to the payment of arrears of labor remuneration, and the employer fails to perform within the time limit agreed in the agreement, the employee may apply to the people's court for a payment order in accordance with the law with the mediation agreement. The people's court shall issue a payment order in accordance with law.
2. Complain to the labor administrative department for resolution.
The advantage of the settlement of complaints is that the employer has received a notice from the labor administrative department to deal with it, and if there is no special reason, the employer may pay the employee's wages in a timely manner under the pressure of the labor administrative department, so that the employee can solve the problem of arrears of wages in the shortest time and at the lowest cost. Therefore, this method can generally be chosen first when dealing with wage arrears. However, if the employee's claim is complex, such as involving economic compensation or compensation, and needs to be specifically determined, the labor administrative department may not be able to resolve it, and a labor arbitration procedure will be required.
3. Apply to the labor arbitration commission for labor arbitration or file a lawsuit with the court.
If the labor complaint cannot be resolved, the employee can only apply to the local Labor Jianliang Personnel Dispute Arbitration Commission for labor arbitration to resolve the dispute between the two parties by arbitration. Labor arbitration is a pre-procedure for resolving labor disputes, which must first go through labor arbitration, and if the arbitration result is not satisfied, any party to the other award may file a lawsuit with the court, except for the final award unit that cannot sue.
The claimant applying for arbitration shall submit a written application for arbitration and submit copies 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.
The Law on Mediation and Arbitration of Labor Disputes stipulates that, unless otherwise provided in this Law, the arbitral award shall be final and effective from the date of making a dispute over the recovery of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation not exceeding the amount of the local monthly minimum wage standard for 12 months.
If the worker is not satisfied with the above-mentioned arbitral award, he may file a complaint with the People's Law within 15 days from the date of receipt of the arbitral award.
Legal basis] Article 9 of the Labor Dispute Mediation and Arbitration Law provides that if 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 employee may file a complaint with the labor administrative department, and the labor administrative department shall deal with the unreasonable instructions in accordance with the law.
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Legal analysis: If the employer has been delaying the payment of wages after resignation, the employee can negotiate with the employer, and if the negotiation fails, he or she can apply for labor arbitration.
Legal basis: Article 2 of the Law of the People's Republic of China 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 and care, 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.
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If the employer has been delaying the payment of wages after resignation, the employee may negotiate with the employer, and if the negotiation fails, the employee may apply for labor arbitration.
1. Is the salary the same in August and July?
If the negotiation fails, you can file a complaint with the local labor and social security department (labor inspection brigade); or apply to the Labor Dispute Arbitration Commission for labor arbitration.
2. How to deal with labor and wage disputes**.
If a dispute arises between an employee and an employer over wages, it shall first be resolved through negotiation, and if the negotiation fails, he or she may file a complaint with the labor administrative department or request the organization to mediate. If one party is unwilling to mediate or fails to perform after reaching an agreement through mediation, the employee may apply to the labor arbitration commission for labor arbitration. If the applicant is dissatisfied with the arbitral award, he or she may also file a labor lawsuit with the people's court.
Article 2 of the Law of the People's Republic of China 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.
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Legal analysis: If the employer does not pay the salary to Tan Yu after resignation, the worker can complain to the labor inspection brigade against the unit; or a number of people who believe in the mountains can directly apply for labor arbitration.
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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After employment, the employer does not pay wages to the rights defender in the following ways:
1. The worker negotiates with the employer and asks the employer to pay wages;
2. Workers can file complaints with the local human resources and social security bureau for labor inspection;
3. Or apply for arbitration to the labor dispute arbitration commission;
4. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the court.
[Legal basis].Article 5 of the Law 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 the person is dissatisfied with the arbitral award, except as otherwise provided in this Law, he or she may file a lawsuit with the people's court.
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If you do not receive wages after resignation, you can protect your rights in the following ways: negotiate with the employer; apply for mediation with a mediation organization; Report to the labor administrative department, which shall order corrections; apply to the Arbitration Committee for arbitration; Apply to the people's court for a payment order and file a lawsuit against the arbitral award.
[Legal basis].Article 5 of the Law 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. Ant Qiao.
If you do not sign a labor contract, the employer shall pay you double your salary, make up social security and pay economic compensation from the second month. The key point is evidence, which requires evidence that you have an employment relationship with the employer. As for the amount of time worked, the principle of "reversal of the burden of proof" can be used, and it will be issued by the employer at the time of arbitration or litigation, because everyone who works in a place should fill out an entry form. >>>More
Generally, after resigning according to the normal procedure, the salary will be paid on the payroll date! I used to listen to the teacher, it seems that some relationships are more confidential, and there are some restrictions! Not sure what kind of work you do! You can consult a professional lawyer to know best!
You may file a complaint or report with the labor and social security department (labor inspection brigade) or apply to the labor dispute arbitration commission for labor arbitration. >>>More
Hello, to the problem you described, the lawyer replied as follows: >>>More
If the police have already called the police, there is no need to withdraw the case, and after the police deal with it, the employer is still unwilling to support the salary (find an excuse to fool), so it should use the law to protect its rights, and can apply to the local labor department for labor arbitration. >>>More