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For unpaid wages, it is generally necessary to settle the matter through labor arbitration. But since you said that you have an IOU, then you can go directly to the court to sue.
When prosecuting, it is enough to pay attention to these questions:
1.The format of the pleadings you go to the court, there is a ready-made format for you. No wonder:
The identity of the original defendant, your claim, the facts and reasons that support your claim, and then submit the corresponding evidence. Both the complaint and the evidence must be in duplicate when you submit them to the court.
2.Is there a date on the IOU that the company promised to pay? If there is a definite payment date on it, and if it is more than two years from this date, the company may refuse to pay you on the grounds of the statute of limitations (two years).
Then you also need to provide some other evidence to prove that you have been constantly collecting after the expiration!
3.Don't say the company refuses to pay! If he explicitly refuses to pay, the statute of limitations begins on the day he refuses!
You could say that he has been delaying the payment (that is, he promised to pay, but he never paid). Remember, remember. I wish you all the best in defending your rights.
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No matter where you work, you have to sign a labor contract, which involves salary, payroll, insurance, work-related injuries and other issues. It's like a few days of work, and the one who asks you to leave also has a salary, even if you don't pay it at that time, you have to make an IOU from the other party.
French snail lacquer humble opinion!
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The first reason is the reason for the layer by layer. The reason why many construction sites cannot pay in time is that many contractors are also owed money from above, and if they do not get the wages from the upper echelons, they cannot settle with the migrant workers. If you don't get the money, you can only default, and some even run away.
The second reason is that many migrant workers do not have an unstable working environment, often go back and forth, and do not sign contracts with construction sites, so they are not protected by the Labor Law. They often follow a contractor, where the contractor goes, they will go, if the contractor has a project, then these migrant workers have a job, if there is no project, then these migrant workers can only be unemployed vagrants, in this case, many migrant workers are not free, can only rely on the contractor, the contractor said that the year-end can only be settled by year.
In addition, migrant workers do not have a strong sense of protecting their rights.
Migrant workers are a vulnerable group in society, and many of them lack the corresponding legal knowledge. Migrant workers are eager to find a job and do not know that they have to sign a written contract with their boss when they are hired, so they often make an agreement with their boss verbally. When a dispute arises, the verbal speaker says that there is no evidence, and it is the peasant workers who are injured in the end.
When their rights and interests are violated, because they are alone in a foreign country, their information is relatively closed, they do not know how to protect their rights and interests, and there is no organization to guide them on how to protect their rights and interests.
Enforcement of the law is inadequate.
Although Article 50 of our country's "Labor Law" clearly stipulates that "wages shall be paid to the laborers themselves in the form of money on a monthly basis, and no wages shall be deducted or delayed without reason," the labor law enforcement departments and social security departments have not fully fulfilled their duties. In addition, with the current level of economic development in China, the corresponding measures and institutions have not yet been established to protect the rights and interests of migrant workers. When the rights and interests of migrant workers are violated, the corresponding institutions are far from the actual needs of migrant workers.
In addition, due to the procedural requirements of the court in adjudicating cases, it is necessary to give both parties sufficient time to present evidence and a period for the right to hold court hearings and for both parties to appeal. This is also the reason why the arrears of migrant workers' wages cannot be resolved in a timely manner. Moreover, most of the migrant workers are outsiders, and the construction units can afford to delay the time, and the migrant workers eat and live in the city, and they cannot afford to drag it out.
In fact, the most important reason is that the project is delayed, we all know that many of the migrant workers recruited by the contractor are relatives and friends in their hometowns, and they are not willing to pay wages, and the most important thing is that the project party does not pay in time, and often comes to trouble for various reasons, and does not pay for the project. If these migrant workers want to get their wages on time, then the project party needs to settle the payment on time.
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One of the main reasons is that it is difficult to protect the labor rights and interests of migrant workers. In some cases, enterprises or employers may use various excuses to default on migrant workers' wages (e.g., lack of funds, project suspension, etc.).
In addition, some migrant workers' employment contracts may not be perfect or not signed at all. This makes it difficult for migrant workers to recover their paychecks. In some cases, migrant workers may face problems such as lack of evidence or legal assistance, which also makes it difficult to protect their labor rights.
Finally, in some cases, migrant workers may find it difficult to establish effective contact with their employers due to factors such as geographical location, cultural exchange issues, and language barriers. These factors may hinder migrant workers from recovering the wages they deserve.
In order to solve these problems, ** and social groups can carry out publicity and education work, provide legal assistance and translation services for migrant workers. Employers should also strictly abide by relevant labor laws and regulations, sign a complete labor contract, and pay wages in a timely manner. Migrant workers, especially migrant workers, should raise their awareness of self-protection, abide by relevant laws and regulations, and seek appropriate legal aid and institutions to protect their legitimate rights and interests.
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If the migrant worker does not receive wages, he or she can directly go to the local labor law enforcement supervision brigade to file a complaint or apply to the local people's court for a payment order in accordance with the law; You can also apply directly to the local labor administrative department for labor arbitration, and claim wages from the employer through the award issued by the labor arbitration chaqin, and if the employer still fails to perform the ruling, the employee can apply to the court for compulsory enforcement.
Article 26 of the Regulations on the Supervision of Labor and Social Security.
If an employer commits any of the following acts, the labor and social security administrative department shall order the employer to pay the employee's wages and remuneration within a specified period of time, the difference between the employee's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the labor defaulter according to the standard calculation of the amount payable between 50% and 1 time
1) Deducting or defaulting on the wages and remuneration of workers without reason;
2) The wages paid to the workers are lower than the local minimum wage;
3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.
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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;
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.
3. If there is an IOU, you can directly sue the court to demand the payment of the salary amount in the IOU.
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I, Deng Shengguo, are doing a rural network renovation project in Lingao County. On December 26, 2018, he complained at the Lingao County Labor Bureau. to admit. I haven't received my salary yet.
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First, the worker may apply to the labor dispute arbitration institution for arbitration in accordance with the law, second, he may file a complaint with the labor and social security supervision agency in accordance with the law, and third, he may apply to the local people's court for a payment order in accordance with the law.
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This can be done by filing a complaint with the labour inspectorate or by filing a lawsuit in court.
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Is there a good way for the boss not to pay the labor wages for the IOU?
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1. If you work for an employer, there are two ways to ask for wages:
1. You can go to the local labor bureau to complain about the labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;
2. You can apply for arbitration at the local labor bureau and demand payment of wages. If you do not have an employment contract, you can also 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.
2. If you are working for an individual, which is not considered an employment relationship, you can directly go to the court to sue the individual boss and demand payment of labor remuneration.
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Through legal channels, you can legally get your wages back.
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Hello, I'm in Jingle County, Shanxi, last year's salary will not come back, and the boss will not take **, and now I have no money at hand.
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Work disputes: After a dispute occurs, it is recommended to negotiate first, and if the negotiation fails, you can collect evidence, go to the labor inspection department to complain, or apply for labor arbitration. Labor arbitration refers to the mediation and adjudication of labor disputes by the labor dispute arbitration commission on the arbitration of the parties.
1.In China, labor arbitration is a necessary procedure for parties to a labor dispute to file a lawsuit in the people's court. According to the Labor Dispute Mediation and Arbitration Law, the party initiating labor arbitration shall submit a written application to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute.
Unless the parties apply for arbitration due to force majeure or other justifiable reasons, the arbitration commission shall not accept the application if the time limit for arbitration has expired as prescribed by law.
2.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.
3.When the employer terminates the labor contract, it shall notify the employee one month in advance, 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.
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If you violate the law, it is recommended to file a complaint with the labor inspection department;
Labor Dispute Mediation and Arbitration Law Article 9 [Labor Inspection] If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with law.
Article 17 of the Regulations on the Supervision of Labor and Social Security: The investigation of violations of labor security laws, regulations or rules by the administrative department for labor security shall be completed within 60 working days from the date on which the case is filed; If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.
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Complain to the Labor Inspectorate!
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