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1. If there is a labor dispute with the unit, you can file labor arbitration with the local labor dispute arbitration commission, and the arbitration will not charge any fees. If you are not satisfied with the arbitration result, you can file a lawsuit with the court.
2. If the employer deducts your wages without any basis, you can not only ask for the payment of the deducted wages, but also demand the payment of 25 severance compensation.
3. If you are not very familiar with the regulations in this regard, it is recommended that you hire a lawyer, who can be fully prepared in terms of the request, facts and other contents before arbitration.
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Can I get my salary back, and the company will pay the salary before the 20th of the previous month at the end of this month (such as the end of June and April 20...).Pls now can I get back to my April 20-5....Do you receive your salary by bank card transfer or by going to the financial office?
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You can ask for a refund of wages, apply for labor arbitration or file a complaint with the labor inspection brigade.
Zongheng Legal Network-Jiangsu Guolei Law Firm-Lu Guangliang lawyer.
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The employer's obligation to pay your wages is legally unconditional, and the boss has no right to withhold your wages because you fight, and you have the right to apply to the labor bureau for labor arbitration to get your wages back.
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In case of arrears of wages, the employer may apply to the labor arbitration commission at the place where the employer is located or where the labor contract is performed. It is also possible to file a complaint with the labor administrative department.
To apply for labor arbitration, you need to bring the arbitration application, a copy of your ID card, relevant evidence, and a copy of the employer's business registration information or business license when filing the case.
Labor Law of the People's Republic of China
Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
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 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 at a rate lower than the local minimum wage standard;
3) arranging 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.
Labor Dispute Mediation and Arbitration Law
Article 2 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.
Article 21 The Labor Dispute Arbitration Commission shall be responsible for the jurisdiction of labor disputes occurring in the region.
Labor disputes shall be under the jurisdiction of the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located. If both parties apply for arbitration to the labor dispute arbitration commission at the place where the labor contract is performed and the place where the employer is located, the labor dispute arbitration commission at the place where the labor contract is performed shall have jurisdiction.
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.
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Generally speaking, you should apply with the company in advance, after the company's consent, after the handover of the procedures, or in accordance with the company's regulations to sign a business confidentiality agreement, the company should not be difficult for you, if the company is really difficult for you, there is only a legal way, but now it seems that it has not reached that step, you are too worried.
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According to Article 82 of the Labor Contract Law, if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.
Article 50 of the Labor Law Wages shall be paid to the worker himself on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed.
Zongheng Legal Network Guizhu lawyer.
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Apply for labor arbitration to determine the labor relationship, and then make compensation and pay arrears of wages in accordance with relevant regulations.
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