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In the case of such violations by the employer, it is advisable to file a complaint with the labor inspection department. The complaint ** is 12333. Employees who have not signed an employment contract are first required to prepare the following evidence to prove the existence of the employment relationship:
1) Bank transfer records of previously stamped pay slips and pay stubs. (2) Written proof of wage arrears. (3) Witness testimony from colleagues.
4) Social insurance payment records. (5) Badges, access cards, work permits, tooling, work cards, etc.
Legal Analysis:1Medical Expenses:
Lost time pay is determined based on the victim's lost time pay and income. 3.Nursing Fee:
The cost of nursing care is determined based on the income status of the caregiver, the number of caregivers, and the duration of the care. 4.Transportation Expenses:
Transportation expenses are calculated based on the actual expenses incurred by the victim and his/her necessary escorts for medical treatment or hospital transfer**. 5.Hospitalization meal subsidy:
The hospital meal allowance can be determined with reference to the food allowance standard for general staff of local state organs on business trips. 6.Nutrition Fee:
The cost of nutrition is determined on the basis of the victim's disability and the opinion of the medical institution. 7.Disability Compensation:
Disability compensation is calculated on the basis of the degree or level of disability of the victim, and on the basis of the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed, for 20 years from the date of disability. However, if the age is over 60 years old, the age shall be reduced by one year for each full year; 5 years for those over 75 years old.
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If you work on the construction site and do not sign a contract, the boss can file a complaint with the labor administrative department or file a labor lawsuit with the people's court. If the worker is not paid for his work on the construction site without signing a contract, the worker may file a complaint with the labor administrative department and demand that the employer pay twice the monthly wage, and the employer who does not pay the employee shall pay additional compensation according to the standard of 50% to 100% of the amount payable. Workers may also file a labor lawsuit with the people's court.
If a worker believes that the employer has infringed upon his or her legitimate rights and interests in labor security, he or she has the right to lodge a complaint with the labor security administrative department. The administrative department for labor and social security shall maintain the confidentiality of the informant, and reward the informant who makes the report is true and provides the main clues and evidence for the investigation and punishment of major violations of labor security laws, regulations, or rules. Any unit or individual has the right to report to the administrative department for human resources and social security or other relevant departments any act of arrears in the wages of migrant workers.
The labor department may order the employee to pay wages within a time limit, and if the payment is not made within the time limit, the company will be ordered to pay the employee additional compensation at the rate of 50% to 100% of the amount due.
Labor Contract Law of the People's Republic of China Article 82 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. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.
Is it illegal to work without a contract.
Failure to sign a contract at work is an illegal act of the employer. An employment contract is an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties. The employer's failure to sign a labor contract seriously infringes upon the interests of the employee and is illegal.
Employees who do not sign a labor contract do not need to make a declaration in advance when resigning, and can leave the company at any time, and can request double salary compensation for all time over one month, and the employer may also face warnings and penalties from the labor administrative department.
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If the boss does not pay the salary, you can apply to the local labor arbitration commission for labor arbitration; You can also file a complaint with the Labor Inspection Brigade.
You don't have an employment contract, but you have a de facto employment relationship. - That is the failure to sign the labor contract, not the failure to sign the "Labor Contract Law".
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What I want to say is that no matter if you work on the construction site or where you work, as long as you work for him, he should pay the salary, he is at fault for not signing the contract, you are protected by the law, yes, as long as you work for a certain amount of time, he has to pay you a day, he has to pay you for a day, but even if you agree that I don't want a salary for a month, that's not okay, it can't be more than a month, you know, he doesn't pay you a salary, you just go to labor arbitration, it's really not the easiest way You just call 110.
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Answer: Yes. If the labor contract is not signed and the company does not pay wages, it can be solved through the following ways: 1. Negotiate with the boss; 2. Complain to the labor inspection agency, and the employer shall order the employer to settle the complaint; 3. Apply for labor arbitration to the labor arbitration committee of the local labor bureau to get back the wages, the procedure is specially designed to resolve labor disputes, and no fees should be paid.
Article 50 of the Labor Law of the People's Republic of China: Wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Article 30 of the Labor Contract Law of the People's Republic of China: An employer shall, in accordance with the provisions of the labor contract and state regulations, pay 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.
Hello, if you are satisfied with my reply, I hope to give me a thumbs up after adoption, your encouragement is the motivation for my reply
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If you work on a construction site, you don't have an employment contract. What should I do if the boss doesn't pay the settlement salary? In a situation like this, well, if you don't sign an employment contract, the labor law can't protect you, so you have to go to the local **, or find the local **.
The local ** is very interested in such behavior. We will continue to follow up on the report. Then you get paid until you get paid.
After all, the wages owed to migrant workers have always been a hot topic.
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Even if you don't have a contract, you've actually worked here. You can file a complaint directly with the Labor Bureau.
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Complain to the human resources and social security management department.
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You can use methods such as talking to your boss to collect evidence through audio or video recording to prove how long you have been working on the construction site and how much you have been paid.
After obtaining evidence, you can go to the relevant department of the local human resources and social security bureau to complain.
You can also go to court with evidence to sue the boss and ask the boss to pay wages.
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1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information.
2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award;
Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the ruling, he or she can sue the court.
3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.
Legal basis: Article 50 of the Labor 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.
Article 77 stipulates that in the event of a labor dispute between an employer and an employee, the parties concerned may apply for mediation, arbitration, file a lawsuit, or settle it through negotiation in accordance with the law. The principles of conciliation apply to both arbitration and litigation proceedings.
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Lost time pay is determined based on the victim's lost time and income. 3. Nursing fee: The nursing fee is determined according to the income status of the nursing staff, the number of nursing personnel, and the nursing period.
4. Transportation expenses: Transportation expenses are calculated based on the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or hospital transfer. 5. Hospitalization meal subsidy:
The hospital meal subsidy may be determined with reference to the business trip meal subsidy standard for general staff of local state organs. 6. Nutrition expenses: Nutrition expenses are determined according to the victim's disability with reference to the opinions of medical institutions.
7. Disability compensation: Disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's loss of ability to work or the level of disability, and in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.
Legal basisLabor 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 91 Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the payment of wages and remuneration and economic compensation to the worker, and may also order the payment of compensation: (1) the employee is deducted or in arrears of wages without reason; (2) Refusal to pay wages and remuneration for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard; (4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.
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1. The wages owed in the said situation can be returned. If the negotiation cannot be resolved, report to the local labor bureau or apply for labor arbitration as soon as possible.
2. Legal basis: Article 50 of the Labor Law states 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. ”
Article 91 Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the payment of wages and remuneration and economic compensation to the worker, and may also order the payment of compensation: (1) the employee is deducted or in arrears of wages without reason; (2) Refusing to pay wages and remuneration for extended working hours, (3) Paying wages to workers lower than the local minimum wage standard; (4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law. ”
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Legal analysis: If there is no labor contract, wages are not paid, and the methods that can be taken are as follows:
First of all, first go to the company leaders to negotiate and ask for the arrears of wages. If the company continues to default, ask the reason for the default, if it is because the company is temporarily unable to turn around, then ask the company owner or finance to make an IOU.
Secondly, if the negotiation with the company fails, then go to the local labor inspection brigade to complain, inform the person in charge of the company**, and let the labor inspection brigade deal with it.
Finally, if the labor inspection team fails to deal with it, then it is necessary to collect relevant evidence and go to the local labor arbitration commission for labor arbitration.
Legal basis: Labor Contract Law of the People's Republic of China Article 85 In any of the following circumstances, if the employer is ordered by the labor administrative department to pay the labor remuneration, overtime pay or economic compensation within a specified period of time, it shall pay the difference and fails to pay the difference in the period, and order the employer to pay additional compensation to the employee according to the standard of 50% to 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 the wages of the worker below the local minimum wage standard, (3) arranging overtime work and not paying overtime pay, (4) dissolving or terminating the labor contract, and failing to pay economic compensation to the worker in accordance with these Regulations.
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For labor disputes, employees can first negotiate with the boss, and if the negotiation fails, they can go to the local labor inspection organ to complain, and after complaining, the labor inspection organ will order the boss to pay wages, or they can skip the complaint procedure and apply for labor arbitration directly.
Legal basis: Interim Provisions on Payment of Wages:
Article 18. Labor administrative departments at all levels 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 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 lower than the local minimum wage standard;
The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
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1. To the labor department to complain first to the labor supervision brigade to complain, the labor supervision brigade mediation, it is not mandatory, can only go to the company for mediation, if the mediation is successful, the salary can be recovered, if the mediation is unsuccessful, and then to the labor layout complaint. 2. To apply for labor arbitration, to apply for labor arbitration, you need to go to the industrial and commercial bureau to print the information of the employer before submitting the application. Arrears of wages shall be subject to legal liability for late sales, which stipulates in Article 50 of the Labor Law of our country:
Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed. Article 91 Where an employer infringes upon the lawful rights and interests of a worker under any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the employer to pay compensation:
1) Deducting or guessing the code of arrears of wages for no reason; (2) Refusal to pay wages and remuneration for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard; (4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.
It is completely possible to report to the police or go to the labor department to file a lawsuit. Although you have not signed an employment contract, you have formed a de facto employment relationship with your boss, and your private boss must admit it. The boss does not pay you, which is illegal and should be punished by law.
If you want to resign, you only need to submit a notice of resignation to the employer in writing 30 days in advance (3 days before the probationary period) Remember: the employer is required to sign your "Receipt of Delivery and Handover (Documents and Materials) of the Employee", and the consent of the employer is not required. If you continue to work for 30 days, you can apply to the employer for resignation the next day, and the employer should handle the formalities (Article 31 of the Labor Law and Article 37 of the Labor Contract Law), pay your salary in full in a lump sum (Article 9 of the Interim Provisions on Payment of Wages), and issue you a certificate of resignation (Article 50 of the Labor Contract Law), otherwise the employer will be in violation of the law. >>>More
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If the injured boss does not compensate, he can apply for labor arbitration. If the labor dispute arbitration award has legal effect, and the employer fails to perform it, it shall apply to the people's court for enforcement.
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