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If the employer delays the payment of wages, the worker can request the payment of wages through the following channels: 1. The worker can file a complaint with the labor inspection of the local human resources and social security bureau. 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.
3. If there is an IOU, you can directly sue the court to demand the payment of the salary amount in the IOU. 4. According to Article 30 of the Labor Contract Law, if the employer is in arrears or fails to pay the labor remuneration in full, the employee 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.
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If the employer delays or fails to pay wages, the employee may terminate the labor contract in accordance with Article 38 of the Labor Contract Law, which stipulates that "if the employer fails to pay the remuneration in full and in a timely manner, the employee may terminate the labor contract", and in accordance with Articles 46 and 47 of the Labor Contract Law, the employer may request the employer to pay and terminate the labor contract severance according to the employee's years of service in the employer. One month's salary is paid to the worker for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
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10 yuan, take care of your boss The boss does not pay wages, does not pay social security, does not pay overtime pay, etc., in addition to being troublesome, workers are afraid of spending money to fight lawsuits, here, lawyer Pan can clearly tell you, first of all, labor arbitration is free.
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What to do if the company does not pay wages after resignation.
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Legal Analysis: What Should I Do If the Company Does Not Pay Salary? 1. Communicate and negotiate to solve.
Whether it is incumbent or resigned, whether it is unreasonable arrears of wages or no wages, you should first communicate and negotiate with the main person in charge of the company through normal channels, find out the reasons for arrears or non-payment, and then choose a reasonable method to deal with it, leaving room for the company and individuals. 2. If the negotiation fails, take up the law to protect the legitimate rights and interests According to the "Labor and Social Security Supervision Regulations", the employer shall be supervised and inspected in accordance with the law, and ordered to pay the arrears of wages. 3. The most effective is to apply for labor arbitration directly to the local labor administrative department (no fees, no lawyer), and claim compensation from the unit through the award issued by labor arbitration, and if it is not compensated, it can be applied to the court for enforcement.
4. While claiming wages in accordance with the above-mentioned channels, the employer may also be required to pay additional compensation according to the standard of 50% to 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law.
Legal basis: Article 38 of the Labor Contract Law of the People's Republic of China An employee may terminate a labor contract under any of the following circumstances: (1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations.
If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.
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Legal analysis: Employees who do not pay wages can file a complaint with the security supervision brigade of the labor department, or directly apply for labor arbitration. Article 30 of the Labor Contract Law stipulates that an employer shall pay the employee labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract and national regulations.
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.
Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China 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.
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1. If you complain to the labor and social security administrative department (labor inspection brigade), the labor inspection brigade will order you to pay within a time limit, and if you fail to pay within the time limit, you may request additional compensation, and the compensation standard shall be between 50% and 100% of the amount payable. 2. Apply to the Labor Dispute Arbitration Commission for labor arbitration.
A written application for arbitration (2 copies) shall be submitted at the time of application; List of evidence and corresponding evidence materials (2 copies); Copy of ID card (1 copy).
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If the company does not pay wages for a long time, and there is nothing to say, then you can also choose to sue him, because he has already eaten, and your A labor is right, well, if you can't hear clearly, you can sue him directly.
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If the company does not pay wages, the boss must be responsible, and you and your colleagues in the factory will go to the labor bureau to sue him, and you can also find the township **to talk about **will definitely solve you.
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What should I do if the company doesn't pay my salary? You should go to arbitration with your colleagues, especially the arbitral tribunal, to help solve the problem.
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The company won't pay you, so you go to the local labor department to sue him. Then ask what the situation is, because why don't you pay your salary, if the efficiency is not good, there is no way.
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You can file a complaint with the labor inspectorate or go to court to sue the company for unpaid wages, demanding that the company pay wages and compensate for damages.
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You can apply for arbitration at the local labor bureau, or you can find the leader to respond to the situation and let the leader communicate with the company's senior management.
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If you don't pay your salary, everyone should not pay it, it's not just you, you should be anxious when you're in a hurry, and there's always a high one to solve the problem.
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Report to the labor administrative department (usually the labor management inspection brigade).
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).
If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration award.
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You can go to the labor bureau to report the arbitration!
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Complain to the labor inspection department to defend your rights.
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1.Wages are not paid in a timely manner.
This situation is very common, many small and medium-sized enterprises, when the business is in trouble, the salary begins to be paid, if you resolutely leave at the beginning, your loss will be very small, if you listen to the boss's kind words and persuasion, or other people's ideological encouragement, you continue to work there, and finally you will be owed more and more wages, and your loss will be bigger and bigger.
2. Investigated by relevant departments.
If the public news is made public, your unit is investigated by the relevant departments, under normal circumstances, such a company will go bankrupt, and few companies can turn around in this case, so if this situation occurs, let yourself leave one day earlier and benefit one day earlier. 3. Do some illegal black products or things.
If you find that your unit is doing some black-hearted products, or doing something illegal, you must resolutely and decisively leave, otherwise, once something happens to the company, you will be the victim and the person who committed the harm.
4. The internal atmosphere is not suppressing evil.
If the internal atmosphere of your company begins to be very uncorrect, some people who work hard can not be reused, and some people who follow crooked ways can be reused in the unit every day, in this case, the unit will soon fail, do not wait until the unit is really not good to leave, you must find a way, leave when the unit is still good, and be able to find a better way out for yourself.
5. Small enterprises, large enterprises, large enterprises, small enterprises, diseases.
If a small enterprise has a large enterprise disease, the enterprise is very dangerous, the biggest feature of the disease of large enterprises is that the cost remains high, and the general enterprise simply can't stand it. 6. Nepotism is becoming more and more strict.
If many of the people around you are related households, many of them are nepotism, and this trend is getting more and more serious, it means that the corruption in this unit is already very serious, and now you can operate normally, but the previous inertia is going, it is better to let yourself get rid of it as soon as possible. will find a job that suits you.
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The company does not pay wages, and the treatment method is to negotiate with the company and request the company to pay in time; or through legal methods such as applying for mediation and labor arbitration in accordance with the law. Wages need to be paid within the date agreed between the employer and the employee.
[Legal basis].
Article 50 of the Labor Law of the People's Republic of China.
Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Article 77.
In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration, file a lawsuit in accordance with the law, or resolve it through negotiation.
Article 7 of the Interim Provisions on Payment of Wages.
Wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.
Article 8. For workers who have completed one-time temporary work or a specific job, the employer shall pay wages to the employee after the completion of the labor task in accordance with the relevant agreement or contract.
Article 9. 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.
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If wages are in arrears without reason, the employee can file for resignation and demand compensation, or file a complaint with the local labor department. In accordance with the law, the company has wage arrears, which is not illegal for the company, and the employee can only choose to accept or resign, but there is no compensation.
Article 26 of the Regulations on the Supervision of Labor and Social Security If an employer commits any of the following acts, the administrative department of labor and social security shall order the employee to pay the employee's wages and remuneration, the difference between the employee's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract; 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 50% to 1 time of the amount payable: (1) deducting or defaulting on the employee's wages and remuneration without reason; (2) The wages paid to the laborers are lower than the local minimum wage standard;
What needs to be reminded is that if the company has not paid you a salary, you must take up the law to defend your rights. Don't swallow your anger, otherwise you will only regret it yourself.
Questions. What if the court still doesn't pay him after the court rules.
If the court verdict comes down, he still won't pay you your salary, and you will sue the court directly. Let the court threaten this company that you pay your salary.
You say that if you don't pay your salary, I will sue the court again, and you will go to jail.
Questions. Will you end up in jail.
If you don't get paid, you'll go to jail.
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It may be that there is a mistake in the company's finances and your salary is missing, you can ask your superiors, or you can communicate directly with the finance. If there is anything in the workplace, you can say it directly, don't be distracted, because there are many things to lead and there is no way to play a guessing game with you. You should also not think that the leader will put on small shoes for you, because there is no conflict of interest between you and the leader, and he will not specifically refuse to pay you a salary.
Some employees are very sensitive and always think that the leader is friends with them, and they can gain favor from the leader. Sometimes when there is a conflict with the leader, you will think that the leader is specially targeting you, and then you will not pay your salary. For example, this employee is such a company, and everyone else is paid, but he only misses himself, so he has a strange mind in his heart and starts thinking about it.
Instead of embarrassing yourself, you should ask the finances directly, and they will pay everyone in the company. However, the finance may not know why it missed you, so you can ask the human resources in the office, who are responsible for settling the salaries of all employees.
Salary non-payment is a big thing, be sure to ask clearly, even if you offend some people in the company, but the company has no right to deduct your salary. If the company does not issue it, you can apply for labor arbitration, so as to protect your legitimate rights and interests. Be sure to keep the corresponding evidence before applying, otherwise there is no way to succeed.
Employees must know how to deal with people in the company, maintain a harmonious relationship with colleagues, respect the leader, and do not fall out with the leader. In this way, you will become a silent and hard-working employee in the company, and you will not have conflicts with everyone.
When you have something, you must tell your direct leader, don't report to your superiors, otherwise your direct leader will be criticized by the big leader and will leave a bad impression on you.
This is under the control of the local labor bureau, to be precise, the labor inspection brigade. >>>More
If you leave your job voluntarily, you will be paid, otherwise it will be a violation of the law by the unit. If you voluntarily leave your job and your employer is in arrears of wages, you can go to the labor bureau to complain. The day of termination of the labor contract is the wage settlement date; If the company is in arrears of wages, the workers can complain to the labor inspection brigade, and the labor inspection brigade will order the employer to pay the wages within the time limit, and if the payment is not made within the time limit, additional compensation will be paid; If the coordination fails, the parties will then apply for labor arbitration. >>>More
It is illegal for a company to be in arrears of wages, regardless of the length of time. The employer shall settle the wages within 30 days after the end of the natural month, and more than 30 days shall constitute arrears of wages.
It is illegal for an employer to default on wages, and the employee can collect relevant evidence, such as labor contracts, wage slips, bank card payment information, etc., and then go to the local labor dispute arbitration department to apply for arbitration, and the administrative department of the labor bureau will assist the employee in protecting his rights and claiming wages. >>>More
Labor disputes can be reported to the labor inspection by applying for labor arbitration or to the labor inspection.