What should I do if I am in arrears of wages and have not signed a labor contract?

It's very big, because there are badges and references for the work.

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 amount of time worked, the principle of "reversal of the burden of proof" can be used, and it will be issued by the employer at the time of arbitration or litigation, because everyone who works in a place should fill out an entry form.

This also proves your working hours, you also have to sign your salary, and the payroll form should also be issued by the employer, which proves your monthly income status.

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 (I) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases, Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, and Article 2 of the Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations all have provisions in this regard. 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.

Complain to the labor inspection department or apply for labor arbitration, claiming wages, double wages, compensation.

The compensation is twice the amount of economic compensation, and the economic compensation is paid to the person for one month's salary for each full year of work.

Pay stubs can testify, so can attendance, and if you have a colleague to help you testify, you can also testify.

I didn't have a contract with the company, and now I owe me two months' wages, what should I do?

You can first negotiate with the company's leaders and ask for the arrears of wages. 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**, let the labor inspection brigade deal with it, and the general problem can be solved here.

According to the law, as long as the employer has engaged in employment and formed an employment relationship with the employee, even if the employee has not signed the labor contract, the employee enjoys all the rights stipulated in the labor law, and the employer also bears various obligations under the labor law.

If the employer does not sign a labor contract, the employee may file a complaint with the labor inspection department, and once it is verified, the labor administrative department may order the employer to make corrections and may impose a fine.

If the employer deliberately delays the conclusion of the labor contract (including the failure to renew the labor contract in time after the expiration of the labor contract), resulting in the loss of wages, work-related injuries, medical treatment and other benefits, the employee shall be liable for compensation in addition to the liability in accordance with the law, and shall also pay an additional compensation fee of 25%. The labor administrative department may also order the employer to pay compensation, impose administrative penalties, and so on.

If the contract is not signed, the wages are not paid in time, and the unit violates the law, the party concerned can claim compensation, and if the compensation is not paid, he can go to the labor administrative department to appeal. An employment contract refers to an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.

If it is confirmed that it is true, the employer may be ordered to pay compensation of 50% to 100% of the salary payable in accordance with the law. If the employer fails to sign the labor contract and the employer owes or deducts wages without reason, the employer has the right to demand that the employer pay the due remuneration and 25% of the total salary income due to the employer or compensate for it.

If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;

4) Attendance records;

5) Testimony of other workers, etc. Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

An employment contract refers to an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations. The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

Legal basisAccording to Article 10 of the Labor Contract Law of the People's Republic of China, a written labor contract shall be concluded to establish a labor relationship. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker 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.

If the labor contract is not signed, the employee shall first apply to the Labor Dispute Arbitration Commission for arbitration to confirm the fact of the labor relationship, and then claim the wages through the following methods: negotiate with the company; apply for mediation with a mediation organization; Apply to the Labor Dispute Arbitration Commission for arbitration; Directly request a payment order from the people's court; lodge a complaint with the labor administrative department; dissatisfied with the labor arbitration award, he filed a lawsuit with the people's court; Other.

Legal basisArticle 5 of the Law on Mediation and Arbitration of Labor Disputes.

In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If you are unwilling to mediate, fail to mediate, or fail to perform after reaching a mediation agreement, you may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

If there is no labor contract to pay arrears, the employee can take the following measures:

Negotiate with the employer. 2.Report to the Labour Inspectorate. 3.Apply for labor dispute arbitration. 4.Filing a lawsuit.

According to Article 85 of the Labor Contract Law, if an employer fails to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor search contract or the provisions of the state, the labor administrative department shall order the employer to pay the 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 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.