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The Labor Law clearly stipulates that if the employer does not sign a written labor contract with the employee for more than one month, it must pay twice the salary from the second month. "The hotel verbally states that the employee will deduct one month's salary" is an invalid agreement. The hotel's unjustified deduction of wages violates the relevant provisions of the Labor Law.
If the resignation is terminated through negotiation between the two parties or the de facto employment relationship is terminated because the hotel has deducted wages, the hotel shall also pay the severance of half a month's salary to the lady; It is recommended to negotiate with the hotel to solve the problem first, if the negotiation fails, you can complain and reflect to the local labor inspection department, if it still cannot be resolved, you can apply to the labor arbitration commission for labor arbitration. Note: Be sure to collect and keep evidence of labor relations, wages, working periods, colleague certificates and other evidence such as payroll slips, employment certificates, and attendance records.
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Yes, the employer has no right to deduct the employee's wages without reason, and it should pay the wages on time.
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You can get it, you go to apply for labor arbitration, you only need evidence to prove that you have worked for more than 50 days, you can also ask for more than 20 days of wages, according to the new labor law implementation regulations, within a month did not sign a labor contract of the enterprise to give double wages compensation, provided that you submit what is written on the resignation letter, the resignation letter is not sent to the boss by courier, if you write the reason for resignation without signing the labor contract, you can also get half a month's salary as economic compensation.
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Yes, you can file a complaint with the Labor Inspection Brigade
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It's hard to sign a contract because a lot of things are about contracts. However, you can also obtain evidence through indirect evidence, which should be available.
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I have also encountered this situation, I asked our law teacher, the hotel's behavior is not legal, first of all, this lady first negotiated with the hotel, and then arbitrated after it did not work, and there was no need to go through the judicial process.
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Nothing is for nothing without a contract! However, it is enough to obtain circumstantial evidence, and someone else will prove it to you.
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1. If you resign voluntarily, you need to notify the employer in writing 30 days in advance.
2. Those who are in arrears of wages can complain to the security supervision brigade of the labor department, or they can directly apply for labor arbitration.
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If you don't give it, go to the labor inspection brigade.
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If the salary is not paid, the employer should be complained or sued. If the employer is in arrears of wages, the employee may file a complaint with the labor inspection department or apply to the labor dispute arbitration commission for labor arbitration. When making a complaint, a copy of the applicant's ID card and evidence of the relevant arrears of wages should be provided.
If the employee still fails to pay after being ordered, the employee may request the employer to pay compensation. Standard: Between 50% and 100% of the amount payable.
When applying for labor arbitration, the employee may request the termination of the employment relationship at the same time, and request the employer to pay economic compensation. 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 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 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 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 wages to workers at a rate lower than the local minimum wage standard;
3) arranging 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. Article 2 of the Labor Dispute Mediation and Arbitration Law This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:
1) Disputes arising from the confirmation of labor relations;
2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;
3) Disputes arising from removal, dismissal, resignation, or resignation;
4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;
5) Disputes arising from labor remuneration, work-related injuries, medical expenses, economic compensation, or compensation;
6) Other labor disputes as stipulated by laws and regulations. Article 5 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 the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she 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.
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Legal analysis: If the wages are not fully paid, the labor administrative department shall order the employee to pay wages and economic compensation, and may order the employee to pay compensation; In the event of a labor dispute between an employee and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with the law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
Legal basis: Interim Provisions on Payment of Wages
Article 18 The good administration departments at all levels 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 to workers;
3) Paying wages to workers at a rate lower than the local minimum wage.
The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the state.
Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
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Disputes arising from wage issues can be applied for labor arbitration directly at the local labor bureau (which is free of charge and relatively efficient).
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You can 1. Negotiate with your boss. In order to save time and energy, it is recommended to try to negotiate directly with the boss first. 2. Complain to the labor department.
When complaining, it is usually to go to the labor inspection department, and after the complaint, the boss will order the boss to pay wages in a timely manner. 3. Find a labor arbitration institution for arbitration. If an employee is found to be in arrears of wages, the employee will not be subject to the statute of limitations for arbitration if he or she is found to be in arrears of wages, and once he or she leaves the company, he or she must file a claim within one year from the date of termination of the employment relationship.
4. Find a court to file a lawsuit. If it is found that the salary cannot be recovered after the above methods, then the employee can finally go to the court to file a lawsuit.
Criminal Law of the People's Republic of China》 Article 276 Whoever evades the payment of laborers' labor remuneration by means such as transferring property or escaping, or has the ability to pay but does not pay laborers' labor remuneration, and the amount is relatively large, and the payment is still not made after being ordered to do so by the relevant departments, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or where a fine becomes a serious consequence, a sentence of between three and seven years imprisonment and a concurrent fine shall be given. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph. Where there are acts in the preceding two paragraphs, but serious consequences have not yet been caused, and the laborer's labor remuneration is paid before the public prosecution is initiated, and the corresponding liability for compensation is borne in accordance with law, the punishment may be commuted or waived.
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Can someone attest to your verbal agreement? Together with the referee (you will also go if you do not have a referee), go to the local labor office to ask for help and find a solution.
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If you don't get your salary, you can file a complaint with the Labor Bureau.
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You can go to the Labor Bureau to complain to the Labor Inspection Brigade.
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Hello, if the employer owes the employee's wages, the first thing to do is to communicate and negotiate with the employer and ask the employer to pay the wages. If the negotiation fails, you can also take legal routes: 1. Calm down first, and then collect relevant evidence that you have worked in the company, labor contracts, work documents, work photos, work records, etc., the more the better, the more beneficial it is for you, if you do not sign a labor contract, you can ask for compensation of double wages every month if you have worked in the company for less than one year.
2. Take these evidence to the labor inspection brigade to complain, the advantage of the complaint is that it is fast and convenient, let the labor inspection brigade mediate, it is not mandatory, you can only go to the company to mediate, so that the company knows the seriousness of the arrears, if the mediation is successful, the salary can be recovered, if the mediation is unsuccessful, you can only proceed to the next step. 3. Apply for labor arbitration to the labor arbitration commission of the labor bureau, if you don't know how to operate, you can consult or entrust a lawyer to handle it.
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Labor arbitration, appeals to the Constitution.
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I looked for the relevant department, but I don't know what the specific department is.
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What should I do if I don't get paid at work, I don't sign a contract, I don't have any evidence.
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The labor law stipulates that you can resign if you notify the employer in writing three days before the probationary period and 30 days before the non-probationary period.
The General Office of the former Ministry of Labor also pointed out in the Reply to Issues Concerning the Termination of Labor Contracts by Employees: "The employee's written notice to the employer 30 days in advance is not only a procedure for terminating the labor contract, but also a condition for terminating the labor contract." The employee shall notify the employer in writing 30 days in advance to terminate the labor contract without the consent of the employer.
If the employee applies to the employer for the termination of the labor contract after 30 days, the employer shall handle the formalities."
The salary is the day you work and the day you are paid, and it should be paid with the company on the next payroll day after you leave the company. In your current situation, the company is obviously in arrears of your wages, which is illegal, and you can file a complaint with the local labor inspection brigade to get your wages back. When talking to the factory, it is best to make a recording, ask about the amount of wages owed to you, and collect evidence.
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Your company has already violated the law, and you can report your own situation to the local labor department where you worked at the time.
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Is there a probationary period?
In today's society, women must have an income and a status in the family, which is not an exaggeration. Because not everyone can marry into a wealthy family, for families with low incomes, of course, they hope to have more income, so that both men and women will naturally pay attention to whether each other has a stable job and stable income. >>>More
Hello! There are many situations of wage seizure, it is difficult to define a standard, I give you a suggestion, call 114 to check the local labor bureau**, and then call your wage seizure situation in detail ** to consult professionals, they will give you the best handling advice. This is the most effective way to help you solve the problem, I hope it will help you.
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