Labor disputes, non payment of wages

If you have not signed a labor contract, the employer shall pay you double your salary, make up social insurance, and pay economic compensation for the termination of the labor relationship (see Article 1 of the Labor Contract Law and Article 1 of the Regulations for the Implementation of the Labor Contract Law for details). 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.

This also proves your working hours, you also have to sign your salary, and the payroll form should also be issued by the employer, which proves your monthly income status.

Reversal of the burden of proof" is widespread in the field of labor law. Article 1 of the Law on Mediation and Arbitration of Labor Disputes, Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I), Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III), Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, and Article 2 of the Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations. Wage payment vouchers, social security records, recruitment registration forms, registration forms, attendance records, etc., can all require the employer to bear the burden of proof.

If you want to fully protect your legitimate rights and interests, it is recommended that you take a look at the Labor Law, the Labor Contract Law and the Regulations for the Implementation of the Labor Contract Law, so that you can know what aspects the employer has violated your rights and interests, which will benefit you for the rest of your life.

If you make a mistake and cause losses to the company, and your salary is deducted, it depends on whether the company's regulations on deducting your salary are legal, and if the system is not approved by the workers' congress, the system is invalid. For details, please refer to Article 3 of the Supplementary Provisions on Issues Concerning the Interim Provisions on Payment of Wages.

1. The company has a probationary period, if you feel that the employee is not qualified for the job, you can directly dismiss if there is no such thing as deducting wages, and he has no right to deduct it.

2. You don't know what the loss is, generally speaking, you can't deduct money, unless the contract indicates that the product is valuable, if you think that the loss needs to be compensated according to the price.

Wage arrears are labor disputes. The following disputes are labor disputes: disputes arising from labor remuneration, work-related injury medical expenses, economic compensation or compensation, etc.; disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection; disputes arising from removal, dismissal, resignation or resignation; Other.

[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, 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.

Wage arrears are labor disputes. Labor disputes refer to disputes between the parties to a labor relationship arising from the implementation of labor laws and regulations and the performance of labor contracts, that is, disputes between employees and their employers over their rights and obligations in labor relations. According to the specific content of the rights and obligations involved in the dispute, they can be divided into the following categories:

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 and resignation; 4. Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection; 5. Disputes arising from labor remuneration, work-related injury medical expenses, economic compensation or compensation, etc.; 6. Other labor disputes stipulated by laws and regulations.

Article 2 of the Law 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 training 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.

Legal Analysis: Wage arrears are labor disputes.

Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 2 The following disputes between employers and workers within the territory of the People's Republic of China are labor disputes: (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, and resignation, 4) disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection. 6) Other labor disputes as stipulated by laws and regulations.

Hello, to the problem you described, the lawyer replied as follows:

First of all, you need to confirm the facts of the employment relationship with the employer, such as pay stubs, attendance records, and documents in the course of work.

Second, after the labor relationship is confirmed, the employer can be required to pay back social insurance and wages.

Third, the employer shall notify the employee one month in advance when terminating the labor contract, otherwise it shall pay one month's severance as a payment in lieu of payment.

Fourth, if a written labor contract is not signed to pay double wages, a written labor contract shall be signed within one month from the date of employment.

Fifth, if an employer illegally terminates a labor contract, it may claim economic compensation, which is twice the amount of economic compensation.

Sixth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

You 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.

In accordance with 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.

The most effective way is to apply for labor arbitration directly to the local labor administrative department, 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.

While claiming wages through the above means, you may also request the employer to pay you additional compensation according to the standard of between 50% and 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law.

Under normal circumstances, a person has only one employment relationship, and the relationship between you is an employment relationship, not an employment relationship. You tell him that you don't need us if the capital turnover is not open, but since we are working, we have to have a salary, and the turnover is not open because of the boss's business problems and has nothing to do with the employees. If you really can't do it, sue him.

Be brave enough to go to the labor office to find it, and the boss will catch the weakness of not rushing and not looking for it.

It is recommended that you file a complaint directly with your local labor administration.

If the boss is in arrears, he can first negotiate with the boss to settle it, and if the negotiation fails, he can complain to the local labor bureau. You can also apply for labor arbitration, and if you are not satisfied with the arbitral award, Huijing can file a lawsuit with the people's court. Be cautious before that.

Apply for labor arbitration or file a complaint with the labor inspection brigade.

The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay wages in full and in a timely manner. If the employer and the employee are aware of the termination or dissolution of the labor relationship in accordance with the law, they shall settle the settlement and pay all wages in a lump sum on the day of termination or dissolution of the labor relationship.

If the wages of the employee are in arrears, the worker may file a complaint with the labor security supervision agency in the place where the employee is employed, or handle it through procedures such as arbitration of labor rights disputes and application to the people's court for a payment order.

The employer shall pay the wages to the workers in full on a monthly basis, and shall not delay the wages of the workers without reason. If there is arrears, the worker may take the following measures:

1.If you file a complaint with 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.

When making a complaint, a copy of the applicant's ID card and evidence of the relevant arrears of wages should be provided.

2.On the grounds that wages were not paid in full and on time, he applied to the Labor Dispute Arbitration Commission for labor arbitration, requesting the termination of the labor relationship and the payment of wages and economic compensation. If you still want to maintain the employment relationship, you can only ask for payment of wages.

It is illegal to deduct wages in arrears, and workers can file a complaint with the local labor inspection brigade or apply for labor arbitration to protect their legitimate rights and interests.