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No enterprise can violate Article 50 of the Labor Law, which states that "wages shall be paid to the workers themselves in monetary form on a monthly basis." shall not deduct or default on the wages of workers without reason", therefore, it is illegal to delay wages for up to five months on the grounds that the payment for the first product has not been recovered.
It is not clear whether you have signed an employment contract with the company, which has a positive or negative effect on safeguarding your legitimate rights and interests. However, even if you do not sign an employment contract, as long as you can provide evidence of your employment with the company (such as attendance sheets, time cards, work orders, pay slips or payment records, etc.), which can prove that you have formed a de facto employment relationship with the company, then the company's practice of not paying wages violates Article 50 of the Labor Law, which states that "wages shall be paid to the workers themselves in monetary form on a monthly basis."
Since there is a statute of limitations for arbitration within 60 days from the occurrence of the dispute, since you have resigned, you should file an arbitration application with the labor dispute arbitration commission of the company's domicile as soon as possible, requesting that the company pay back the arrears of wages and pay 25 severance according to the regulations.
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Labor dispute cases must first go through labor arbitration, first go to the local labor bureau to apply for arbitration, and then can be sued.
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It should not be enough, the most important labor contract is not, and the hope is not very great. If the witness is a close relative of the boss, it is still possible, as the upstairs said, to go to arbitration first, and then to sue.
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Wage arrears violate Article 50 of the Labor Law, which states that "wages shall be paid to the worker in monetary form on a monthly basis." shall not deduct or delay the wages of workers without reason", which infringes upon the legitimate rights and interests of workers and should be repaid.
According to Article 38 of the Labor Contract Law, "the employee may terminate the labor contract if the employer falls under any of the following circumstances:
2) Failure to pay labor remuneration in full and in a timely manner", terminate the labor contract with the unit, and have the right to claim economic compensation for the period of work and claim the arrears of wages.
It is a labor dispute and can be resolved by applying for a labor dispute.
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If wages are in arrears, they can file a complaint with the labor inspection department or collect evidence to apply for arbitration and sue to protect their rights.
Injuries and deaths on the construction site will be:
1. To apply to the Human Resources and Social Security Bureau for work-related injury identification, the company needs to declare within one month of the accident, if the company does not apply, you.
before an application for recognition can be submitted within one year.
2. If there is a disability that affects the ability to work after the injury is relatively stable, you can apply for labor ability appraisal and apply to the labor ability appraisal committee of the city divided into districts;
3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.
4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.
Work-related injury compensation items include: medical expenses, hospital meal subsidies, nursing expenses, wages during the period of suspension of work, transportation expenses, and one-time disability allowance, disability allowance, disability assistive device fee, one-time medical subsidy for disability and disability, one-time disability employment subsidy, etc. The specific amount needs to be calculated based on the level of disability, salary, age, whether there are dependents, region, etc.
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In this case, you can find the local labor department and ask them to help you get your wages back, as long as the local relevant departments are involved, you will definitely get your wages back.
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1. Collect and keep all the evidence of your work in that company, including attendance records, overtime records, sign-in records, and the invalid contract, as well as the resignation formalities signed by your department and the general manager when you go through the resignation procedures, all of the above as long as there are copies.
2. In case you don't have any of the above information, just use their contract.
3. Go to the Supervision Brigade or Labor Arbitration Department of the District Labor Bureau where your original unit is located, register there, and then you leave their office ** and the name and mobile phone number of the person in charge of your case, and go home and wait for the news.
4. Another way is to go directly to the court where your original unit is located and directly sue them for arrears of wages, which is the fastest, but you must have evidence (that is, as I mentioned in the first article, one or two estimates are enough), this is the fastest way.
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It's your fault for not completing the handover, but that doesn't mean you won't be paid. As for the issue of the contract, the absence of registration and filing does not affect the validity of the contract, and the failure to affix the official seal is not necessarily an invalid contract. This has little to do with your salary.
You can go directly to the court to apply for a payment order, which is the most straightforward and convenient.
The employer shall, in accordance with the provisions of the labor contract and state regulations, pay the 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.
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The Labor Contract Law stipulates that employees are required to submit their resignation one month in advance to handle the handover. Since the company has gone through the resignation procedure for you and has the manager to sign and confirm, it is considered that the handover has been completed. The company cannot withhold the employee's wages on the grounds that the handover has not been completed, and the arrears of the employee's wages may be required to pay compensation of 50%-100% of the arrears amount according to Article 82 of the Labor Contract Law.
Regardless of whether the labor contract you signed with the company before has an official seal, you have an employment relationship with the company, so there is no impact on this matter.
There are two ways to deal with it:
1. Negotiate with the company to indicate that the company cannot be in arrears of wages, otherwise it will apply for labor arbitration to protect its rights.
2. Go to the local labor department for arbitration, and the company can only submit it to the local court and go through the judicial procedure if it refuses to implement the arbitration after the arbitration. (Employees do not need to bear the burden of proof, the burden of proof is borne by the company).
Hope it helps!
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Clause. 1. The company fails to sign a valid labor contract with you in accordance with the requirements of the labor law, which is an illegal act of the company. Accordingly, you can resign at any time.
Second, it is also illegal to seize the company before the company violates the law. Not only can you recover the wages you have withheld, but you can also ask the company to pay you double your wages from the second month onwards and ask them to compensate for the difference in social security.
Third, when applying for labor arbitration, you should pay attention to providing evidence of the existence of a de facto employment relationship with the company. Examples such as attendance records, pay slips, wage account records, and worker testimonies are acceptable.
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After the labor bureau files the case, it generally has to wait for about 20 days, and the labor bureau will conduct an investigation, which is mandatory, so it will conduct a series of audits, and then you can ask for a series of compensation, including double wages, social security and the like. When the labor bureau reviews the end, if the salary has not been paid, it will be processed.
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If you are owed wages, is there any way to get them back quickly?
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Seek legal assistance and never do irrational things.
Learn the knowledge of legal concepts, combined with China's current laws and regulations and judicial interpretations issued by relevant departments, and analyze and understand them in combination with relevant cases. For issues related to one's own interests, where there are relevant laws and regulations, the rules must prevail, and those that do not have specific provisions should be handled in accordance with the relevant legal principles.
Have ideals and take action for them You are not very far from reality In fact, studying law is not too complicated In the early stage, you had better look at some cases that can better cultivate your interest in law The second is to learn some basic legal knowledge Buy some books and come back to read them For example, civil law, criminal procedure law, marriage law, other jurisprudence, contract law, company law, don't look at it, it will be very boring for you, but I hope you can distinguish the priorities, don't cultivate interest over study, grasp the most important thing in the current study, and go to a famous law school in the future Rely on a doctorate, you don't even need to take the qualification, hehe! Come on! ยท
In fact, it's the same as word.
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