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If you work on the construction site and your salary is overpaid, that is to say, the amount you withdraw exceeds your salary, then it is equivalent to the money you owe to the boss, and it is recommended that you return the boss's money to the other party, if you owe the money and do not pay it back, the boss may sue you.
If you don't pay back the money you owe, go to court and file a lawsuit.
1. There are several steps in the process of suing the court if you owe money and do not pay it back.
There are 5 steps to the court prosecution process for non-payment of money owed. The ordinary procedure will be completed within 6 months. According to the provisions of China's "Civil Procedure Law", if the creditor requests the debtor to pay money and value, it may apply to the basic people's court with jurisdiction for a payment order if the following conditions are met:
The creditor has no other debt disputes with the debtor; The payment order can be served on the debtor.
The approximate procedure for prosecution is as follows:
1. Write a good indictment;
2. Bring evidence and indictment to the court to file a case and pay the litigation fee;
3. After the court reviews and determines the acceptance, it will be heard;
4. Court judgment;
5. Enforcement of judgments.
2. How to sue if you owe money?
According to the provisions of the Civil Procedure Law of China, if the creditor requests the debtor to pay money and valuable, it may apply to the basic people's court with jurisdiction for a payment order if the following conditions are met: the creditor and the debtor have no other debt disputes; The payment order can be served on the debtor.
If the debtor fails to repay the debt within 15 days after receiving the payment order issued by the people's court, or fails to raise a written objection to the people's court, the creditor may apply to the people's court for compulsory enforcement.
3. Can't I call the police if I owe money?
The failure to repay the money owed is a civil dispute and is not within the jurisdiction of the public security organs, and cannot be handled by the police. However, the parties may resolve the debt dispute through negotiation, and if the dispute cannot be resolved through negotiation, they may file a lawsuit with the people's court and resolve the dispute through the people's court.
Article 3: The provisions of this Law apply to people's courts' acceptance of civil litigation raised between citizens, legal persons, other organizations, and between them on the basis of property and personal relationships.
Article 21: The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against citizens; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction.
The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against legal persons or other organizations.
Where the domicile or habitual residence of several defendants in the same litigation is in the jurisdiction of two or more people's courts, each people's court has jurisdiction.
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If the boss finds out, and it is a lot of money, he should recover it verbally first, if not, he may report the crime, if there is no verbal recovery, then he will not report the HYFH
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If you advance your salary in advance, it will naturally be mortgaged according to the follow-up work, and if you don't give a certain amount of work to compensate, you will definitely be sued and asked for a return of the amount.
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No, it won't. Just do what the contract says.
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Legal analysis: 1. If a labor relationship is established for the work of the unit, the local labor inspection brigade can file a complaint or directly apply for labor arbitration or file a labor lawsuit with the people's court if the salary is not paid. 2. But if you give a job to an individual, you can't establish a labor relationship at this time, or if you don't pay wages, you can go directly to the court to sue the site boss and ask the other party to pay the corresponding wages.
Legal basis: Article 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of the employer, the labor administrative department shall order the employer to pay the wages and economic compensation to the employee, and may also order the employer to pay compensation:
1) Withholding or defaulting on the wages of workers without reason;
2) Refusal to pay wages for extended working hours;
3) Paying wages to workers at a rate lower than the local minimum wage.
The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
Labor Contract Law of the People's Republic of China Article 11 If the employer fails to conclude a labor contract at the same time as employing the employee, and the labor remuneration agreed with the employee is not clear, the labor remuneration of the newly recruited worker shall be implemented in accordance with the standard stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented.
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Hello dear! <>
<> will be happy to answer for you: if the boss does not pay the wages for the work on the construction site, you can take the following measures:1
Communicate with your boss: First, you can communicate with your boss to find out why the salary was not paid, whether there is a misunderstanding or other reasons. If it is a misunderstanding, the two parties can negotiate to resolve it; If it's something else, you can negotiate a solution.
For example, you can contact the local labor inspection department, labor union, lawyer, etc., to apply for rights protection. 3.Filing for Arbitration:
If none of the above methods can solve the problem, you can apply to the local labor arbitration commission for arbitration. During the arbitration process, the arbitration committee will mediate between the parties and formulate a final solution. It is recommended that when signing a labor contract, you must clearly stipulate the salary, payment time and other issues, and keep the relevant evidence in case of emergency.
At the same time, it is also necessary to understand your rights and interests and ways to protect your rights, and seek help and solve problems in a timely manner. Hope the above can help you kiss <>
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Hello dear! Glad to answer your <>
If the workers on the construction site have a dispute because the boss pays less wages, the following measures can be taken: 1. Settlement through negotiation: You can negotiate with the boss to settle it, communicate and negotiate first, understand the specific situation, and protect and fight for your own rights and interests.
2. Apply for labor arbitration: If the negotiation fails, you can apply to the local labor arbitration commission for arbitration. Labor arbitration is a legal procedure in which a dispute is adjudicated by a third party, usually quickly and simply.
3. Tiga initiates a lawsuit: If the dispute cannot be resolved by labor arbitration, a lawsuit can be filed with the people's court to require the boss to pay wages and bear the liability for breach of contract. Either way, it's a good idea to prepare relevant evidence, such as pay slips, employment contracts, etc., to prove your own rights and claims.
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Summary. Hello dear! I've found the answer for you and I'm back, and here's how it is:
If the boss pays the worker less wages, the worker may report it to the labor administrative department, and the labor administrative department shall order the employee to make up the amount within a time limit; 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. You can also ask for wages by applying for mediation to a mediation organization or applying to the labor dispute arbitration commission for arbitration.
Hello dear! I have found the answer for you and come back, and the correct solution is as follows: if the boss pays the worker less wages, the worker can report to the labor administrative department, and the labor administrative department will order him to make up the amount within a time limit; 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 amount payable by changing the standard family shed between 50% and 100%.
You can also apply to the mediation organization for mediation, apply to the labor dispute arbitration commission for mediation, and other methods to ask for wages.
Related development: 1. If a labor relationship is established for the work of the unit, if the salary is not paid, you can go to the local labor inspection brigade to complain of repentance or directly apply for labor arbitration and file a labor lawsuit with the people's court. 2. But if you give a job to an individual, you can't establish a labor relationship at the same time, so if you don't pay wages, you can directly go to the court to sue the boss of the construction site and ask the other party to pay the corresponding wages.
Legal basis: Article 2 of the Labor Dispute Mediation and Arbitration Law This Law shall apply to the following labor disputes between the former employer and the employee 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 or 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.; Article 50 of the Labor Law stipulates that wages shall be paid to the worker in the form of money on a monthly basis.
Wages shall not be deducted or unjustifiably delayed.
You tell me the details, and I'll analyze it for you! <>
Before we arrived in Zhejiang in our hometown, my salary was 300 yuan a day for eight hours, and the clerk worked in the factory, and signed a contract with the factory, the imitation was fast and good, it was the master who came, and did it for more than a month, the outsourcing of the old impermeable plate and the factory Chang stupid ridge party did not pay the wages in February this year on time, the boss because the management was not in place, the factory wanted the outsourcing boss to do it, and the boss promised to settle the salary to me 260 a day, but the factory refused to pay, deducted me 70 yuan a day.
Hello, you can file a complaint with your local labor bureau and ask the employer for compensation!
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Legal analysis: If the boss has been delaying the payment of wages, the worker can complain to the labor inspection brigade or apply for labor arbitration, and if he is not satisfied with the ruling, he can also file a lawsuit with the people's court to recover the arrears of wages.
Legal basis: Labor Dispute Mediation and Arbitration Law of the People's Republic of China 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.
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If the boss of the construction site does not pay the salary, if the labor relationship has been established for the work of the unit, the employer can file a complaint with the local labor inspection brigade or directly apply for labor arbitration or file a labor lawsuit with the people's court.
However, if you give a job to an individual, you cannot establish an employment relationship at this time, so if you do not pay wages, you can directly go to the court to sue the construction site boss and ask the other party to pay the corresponding wages. While claiming wages through the above channels, you can also request the employer to pay you additional compensation at the rate of 50% to 100% of the amount payable in accordance with the provisions of relevant laws. If the amount of arrears of wages is relatively large, you can directly ask a lawyer to sue the court to file a lawsuit and recover the arrears of wages through litigation.
Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes
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 with Sun Hui;
(2) Disputes arising from the conclusion, performance, modification, rescission or 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.
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.
Interim Provisions of the People's Republic of China on the Payment of Wages
Article 18 The labor administrative departments at all levels shall have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation of the person who has worked well and hail, and may also order the employer to pay compensation:
1) Withholding or defaulting on the wages of workers without reason;
2) Refusal to pay wages for extended working hours;
3) Paying wages to workers at a rate lower than the local minimum wage.
The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
In this way, the work can be done at the time of eating, and the salary can be automatically settled, which is very convenient.
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Under normal circumstances, each worker will record his own work, and the construction party will also have someone to record the worker's work, and check the two at the final checkout, as long as there is no problem, the salary can be paid.
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