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If an employer owes an employee wages, the employee has three ways to request payment of wages:
1. Workers can file complaints with the local human resources and social security bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;
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. If you do not have an employment contract, you can demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.
Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.
3. If there is an IOU, you can directly sue the court to demand the payment of the salary amount in the IOU.
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 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 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.
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 a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, 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.
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First of all, go to the local labor bureau first, see what they say, if you want to find the labor arbitration commission, you go to see, if it is still pushed to other departments, I advise you not to look for it, if the salary is not much, it is not enough for you to toss, the big lawsuit is time-consuming and laborious, you have to pay the litigation costs first, I don't want to talk about the current society, you should all understand, you such a small matter depends on whether the labor bureau attaches importance to it, if you don't care, you will admit it, there is an old saying in China: three points to death, no lawsuit. (The entrance of the yamen is open to the south, and there is no reason to come in if you have no money).
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If you can't solve the problem, you can file a labor arbitration with the local labor arbitration commission to claim wages. Judging from the information you added, I don't know if you have signed a labor contract, if you have signed a labor contract, the arbitration commission will be based on the labor contract, if not, then the 20 days of wages, the labor arbitration commission will also support, but as xinyue111 said, your working time is too short, whether it is worth applying for arbitration, you have to make your own decision. After the arbitration, it may be necessary to go through the courts again.
The first- and second-instance litigation procedures, and there is a retrial procedure if it is not good, it will take a lot of time, is it worth it?
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Your situation is a labor dispute, and there are many issues involved. But what is certain is that if the employer does not pay you wages, you can apply to the labor arbitration department for arbitration or report to the labor inspection department. I would like to ask you a few questions:
1. Whether there is a labor contract, if the contract is not signed, the unit can be required to pay double wages every month after 1 month, but the maximum is not more than 11 months. 2. Working years, if the unit does not sign a labor contract with you after the contract expires, you can ask for compensation, and you can ask for one month's salary for each full year. 3. If the employer illegally terminates the labor contract, you can ask for compensation, but you do not resign by yourself, unless the employer does not sign a contract with you and does not pay social security to you, you will resign.
To sum up, you can consult the labor arbitration department where the enterprise is located about your salary. Mine is not quite complete yet.
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1. If you are a fresh college graduate, you have a probationary period of about one year. If not, you should have a probationary period for a certain period depending on the duration of the employment contract.
2. During the probationary period, as long as you resign to the unit 3 days in advance, the unit must go through the resignation procedures for you; After the probationary period, you only need to submit your resignation to the employer 30 days in advance, and the employer must also go through the resignation procedures for you.
Yuan you should not pay. All you have to do is go through the handover procedures according to the company's regulations.
4. If the unit deliberately makes it difficult for you not to go through the resignation procedures, you can leave (after all, you have only been working for about 20 days). If you consider this resignation procedure (proof of termination or rescission of the employment contract) to be important, you can apply for arbitration.
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The overpaid insurance asked him to go to the insurance company to ask for it.
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Legal Analysis:1Tell your boss one last time to ask him to pay all the wages you owe.
And clearly told him that if he still doesn't give, he will apply for labor arbitration. 2.If he doesn't give.
If the negotiation fails, don't delay, immediately go to the labor bureau where the unit is located to complain and ask for labor arbitration. 3.For cases that have been approved and accepted by the Arbitration Commission, you shall pay the arbitration fee in advance when you go through the formalities of accepting or responding to the lawsuit.
After the conclusion of the case, the arbitration fee shall be paid according to the actual amount of the arbitration fee payable by each party according to the disposition of the case. 4.In general, if you win the case, you do not need to pay the arbitration costs.
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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Legal Analysis: When an employee leaves the company, the company should pay the labor remuneration due to him so far in accordance with the law. If the employer does not pay wages, the employee can take the following measures to protect his or her legal rights:
1. Raise objections to the relevant person in charge and negotiate freely with them; 2. Complain to the labor administrative department; 3. Conduct mediation or arbitration; 4. File a lawsuit.
Legal basis: Article 27 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 27 The limitation period for applying for arbitration of labor disputes is 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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If the employee does not pay wages after leaving the company, he or she may file a complaint with the local labor inspection department or apply for labor arbitration.
1. What should the principal do if the principal does not agree to the resignation of the teacher on the staff.
You can submit your resignation report one month in advance, and you can leave on your own after the expiration date, and if the employer refuses to pay your wages, you can apply for labor arbitration. Submit an application for resignation (with written proof, with time, that is, a resignation letter in the usual sense), and you must keep the bottom, and you must have a signed certificate from your boss, or an email with time can also be used as proof. If you don't need the approval of the leader, as long as the written notice is in place, you can leave when the time is up, and the company wants to settle the work, and you can't deduct wages on this ground.
If the company violates the rules, the employee can file a complaint with the local labor inspection department or apply for labor arbitration.
2. How long does it take for the Labor Bureau to settle the wages?
Complaints about wage arrears to the labor bureau are generally required to be handled within five working days. If the employer owes the employee wages to the employee, the employee can file a complaint with the local labor department, and if the labor department will deal with it within the prescribed time, the employee can also file a complaint with the labor inspection department or apply for labor arbitration.
3. How to complain if the unit does not pay wages.
1.Pay attention to collect and keep evidence, such as your attendance records, appointment letters, employee rosters, etc., especially attendance records, be sure to keep these evidence, preferably with an official seal. 2.
When you leave the scumbag company, it is best to ask the company to issue you a certificate of arrears of wages, or keep the resignation procedures. 3.If the company does not pay you a salary at that time, you can directly bring these evidence to the labor bureau to complain.
4.You can file a complaint with the local labor inspection department of the company, or apply to the labor arbitration commission for labor arbitration.
Article 50 of the Labour Law stipulates that 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.
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1. If the labor contract has not expired, it is necessary to submit a written resignation application and an application for termination of the labor contract to the department leader one month in advance, and report to the human resources department after the department leader signs the opinion.
2. The human resources department will report to the department level by level, and after the approval of the general manager and the chairman, the human resources department will notify the department leaders to arrange the work handover.
3. Employees need to hand over in turn according to the contents of the "Departing Employee Handover Formalities", "Work Handover Schedule" and "Item Handover Sheet", and after the Finance Department settles the loan, the handover is deemed to be completed after the handover is signed and confirmed by both parties and department leaders.
4. If insurance is involved in the salary, the Human Resources Department and the Finance Department shall handle the insurance liquidation and carry out the procedures for insurance reduction.
5. The human resources department counts the attendance of the month, reports to the superior for approval, and pays the employee's salary on the salary settlement date.
6. The human resources department handles the procedures for the termination of the labor contract and issues the "Certificate of Termination of Labor Contract" to the employee, and the "Certificate of Termination of Labor Contract" is what the employee needs to go to the next new unit. If you are a probationary employee, you generally only need to apply three days in advance, and the procedure is relatively simple. In addition, it is reminded that if the employee has a personnel file in the company, the file must be transferred to the talent exchange center.
If there is already a unit willing to accept the safekeeping, it is also acceptable. Other forms of resignation, such as the expiration of the labor contract, will not be renewed, and the work handover will be handled normally, and there is no need to submit an application for answering the job 30 days in advance.
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It's not like you're resigning, you're absenteeism, and you're leaving your post as a writer. If the employee is at risk, the employer may terminate the employment contract without compensation. However, the basic salary should still be paid, but the wages and punitive wages for absenteeism should be deducted, generally speaking, three days' wages will be deducted for one day of absenteeism.
In other words, the employer asks you to give you a basic salary for one month (half a month of actual work) or half a month (less than half a month of actual work).
You can apply to the labor department for arbitration, or you can directly call the mayor** (area code +12345) to complain.
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Communicate with the company with a thought of the lead difference, go through the resignation procedures in accordance with the resignation procedures, settle the salary expenses, and get the resignation certificate. Otherwise, the company can't help you, and labor arbitration is very time-consuming and exhausting. After negotiating with the company, it is really not possible to apply for mediation or arbitration.
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This one definitely won't work.
Although it is not said that it is a mistake.
But this one is two different things.
It can't be mixed up as a source of hunger, so what should be given to bad luck should still be given.
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In real life, many times when an employee chooses to resign, often the choice of the unit and the employer can find a reason not to settle the salary to the employee, so how to know the handling of the resignation company not to pay the salary? In order to help you better understand the relevant legal knowledge, we have sorted out the relevant content, let's take a look at how to deal with the resignation company without paying! If the resigned company does not pay wages, it can report and complain to the labor inspection brigade in the jurisdiction, or it can choose to file a labor rights protection arbitration, and if it is not satisfied with the arbitration result, it can directly file a lawsuit with the people's court.
<>I'm not speaking for enterprises, let alone deliberately smearing some small and micro private enterprises, the vast majority of model worker enterprises are still ambiguous when paying employees resignation wages, and there are few disputes." But there are also a few enterprises or self-employed people who are not so disciplined, some because they don't have money, and some who want to ask for employees' salaries to leave. Proof of resignation is very important for employees, whether they agree with it or not.
When an employee submits a written resignation application, it is best to take a photo or send an email to the company leader or boss, so that they can leave evidence of resignation.
It is to pay wages according to the date promised by the company, if not, you can call ** or WeChat urging, this process should also be recorded, leave evidence, the company still does not pay you wages for a long time for various reasons, you can take legal means to pay. This kind of thing is an act of non-payment of wages, and as long as the evidence is sufficient, the labor law enforcement detachment can punish the enterprise concerned and order it to pay you wages.
Do a detailed explanation of the problem for a detailed interpretation of the problem, I hope it will help you, if you have any questions, you can leave me a message in the comment area, you can comment with me a lot, if there is something wrong, you can also interact with me more, if you like the author, you can also follow me, your like is the biggest help to me, thank you. That's all for sharing, if you like me, please follow me. If you guys have anything to think.
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Act in accordance with the company's contract.
However, the company with a registered capital of more than 500,000 yuan is: (1) a company mainly engaged in production and operation; (2) Companies mainly engaged in commodity wholesale; (3) commercial retail companies; (4) Science and technology development, consulting, and service companies. Registered capital, also known as authorized capital, is the amount of capital contribution subscribed or the total amount of share capital subscribed by all shareholders or promoters as stipulated in the articles of association of a company-based enterprise, and is registered with the company registration authority in accordance with the law.