Resigned during the probationary period, and the boss dragged his salary and did not pay him. What s

You can ask your boss to write an IOU.

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 number of hours worked, the monthly salary, etc., the employer can prove it by using the principle of "reversal of the burden of proof", and if the employer cannot prove it, it will bear adverse consequences.

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 read the Labor Law, the Labor Contract Law, the Regulations for the Implementation of the Labor Contract Law and the Social Insurance 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.

For details of the time of payment of wages upon termination of the labor contract (or labor relationship), please refer to Article 9 of the Interim Provisions on Payment of Wages, and for details of Article 50 of the Labor Contract Law, the time of payment of severance is detailed. If the payment is not made on time, it can be handled in accordance with Article 1 of the Measures for Economic Compensation for Breach and Termination of Labor Contract or Article 85 of the Labor Contract Law. The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department.

Look at me above, and only after finding the content involved in the title of the book can you fully understand what I mean.

My Space has the legal provisions mentioned above, which you can check out.

1. You have been working for more than a month, and it is not legal for the boss to do so;

2. You can leave a note for the boss and ask for your salary, in a convenient format. The key is that you have evidence of working in this company, such as attendance records, work records, etc., keep such evidence and explain it to your boss. He'll give you his salary.

If you don't sign a contract, you can't be protected by law, but most companies pay employees within a fixed time, so you can only wait until the 15th to see, if you really don't call, you can only consult the labor bureau.

Apply for labor arbitration to demand payment of wages.

If the employer does not pay the wages when the employee's resignation expires, the employee may apply for labor arbitration and request the employer to pay the arrears of wages. How to apply for labor arbitration: 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

2 copies of the application for arbitration and 1 copy of the applicant's ID card; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing). 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 award, he can go there; 3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit. Article 50 of the Labor Law of the People's Republic of China 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 18 of the Interim Provisions on Payment of Wages 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 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.

Summary. According to the provisions of the Labor Law and the Labor Contract Law, resignation during the probationary period requires payment of wages.

Hello. Hello.

According to the provisions of the Labor Law and the Labor Contract Law, resignation during the probationary period requires payment of wages.

If the boss refuses to pay the salary, he can report it to the labor inspection brigade under the local human resources and social security bureau.

But he didn't sign me any contract.

I just called him ** I recorded it.

Does it work? Can the money be returned?

I thought if it was too much trouble, I wouldn't go to the Social Security Administration.

Of course, as long as you put in the work, you should be paid for it.

As long as you have evidence that you did work at your boss's place, there is no problem.

You also have audio recordings as evidence, so it is recommended that you still protect your rights in accordance with the law.

If you work for an employer, there are two ways to ask the boss to pay your wages: one is to file a labor inspection complaint or apply for labor arbitration. 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. Generally speaking, you can first discuss with the boss, and if the boss refuses to pay wages or keeps delaying the payment of wages, you can resort to the above-mentioned arbitration or litigation methods.

The solution to the resignation of the employer during the probationary period and the non-payment of wages by the employer is as follows:

1. The parties concerned may file a complaint or report to the local labor and social security supervision agency;

2. The parties may apply to the local labor dispute arbitration commission for arbitration;

3. If no labor contract has been signed:

1) It is possible to demand the payment of double wages for those who have not signed a labor contract;

2) If the labor relationship is terminated on the basis of arrears of wages, the employee may also be required to pay severance payments;

4. For labor dispute cases, if any party is dissatisfied after labor arbitration, it can file a lawsuit with the court, and they will obey after arbitration;

5. After the labor arbitration award takes effect, if the employing unit does not enforce it, it may apply to the court for compulsory enforcement;

6. Those who belong to the category of labor arrears can directly file a civil lawsuit with the court.

Legal basis

Article 91 of the Labor Law of the People's Republic of China.

If 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 employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation:

1) Withholding or defaulting on the wages of workers 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. Hole barricade.

4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

Legal basis

Article 91 of the Labor Law of the People's Republic of China.

If 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 employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation:

1) Withholding or defaulting on the wages of workers 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 this regulation.

If an employee resigns during the probationary period and the resignation expires, the employer will not return and can delay the payment of wages for one month, and if the employer is in arrears of wages without reason, the employee may file a complaint with the local labor inspection department or apply for labor arbitration. 1. If the worker works for the employer, there are two ways to request the payment of wages: 1. The worker can file a complaint with the local labor bureau for labor inspection; Pros:

It's simple. 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. Pros:

In addition to wages, it is also possible to claim financial compensation , double wages, etc., and it can generally be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance. 2. If the worker is working for an individual, which is not considered an employment relationship, he can directly go to the court to sue the individual boss and demand payment of labor remuneration.

Article 9 of the Law on Mediation and Arbitration of Labor Disputes stipulates that if an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or defaulting on medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the administrative department for the omission of selling sedan cars, and the labor administrative department shall deal with it in accordance with the law. Article 85 of the Labor Contract Law stipulates that if an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay the employee 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: (1) Failing to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; (2) Paying wages to workers lower than the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.