100 points of thanks! The problem of the company s unpaid wages! 10

Updated on society 2024-06-11
24 answers
  1. Anonymous users2024-02-11

    Article 91 of the Labor Law stipulates that if an employer infringes upon the lawful rights and interests of an employee under any of the following circumstances, the labor administrative department shall order it to pay the employee's wages and remuneration, economic compensation, and may also order the payment of compensation: (1) deducting or delaying the employee's wages 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 the provisions of this Law.

    Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts stipulates that if an employer deducts or defaults on the wages of an employee without reason, or refuses to pay the employee wages and remuneration for extended working hours, in addition to paying the wages and remuneration of the employee in full within the prescribed time, it shall also pay an additional economic compensation equivalent to 25% of the wages and remuneration. Article 4 stipulates that if the employer pays the employee a wage that is lower than the local minimum wage, it shall pay an additional severance equivalent to 25% of the lower part while making up the part that is lower than the standard.

    Go to the local labor office to report the situation. Let the labor office intervene to mediate. If not, it is being sued.

    Ask for help, such as newspapers or something, your popular people's news or something. You'll be paid for providing leads.

  2. Anonymous users2024-02-10

    Just find a big newspaper.

    TV stations are OK too.

  3. Anonymous users2024-02-09

    Report to the Labor and Social Security Bureau. If there are a large number of people and large funds, you can report the case to the Public Security Bureau.

  4. Anonymous users2024-02-08

    It is against the law, and you should go to the Labor Bureau to apply for arbitration and demand immediate payment of wages.

  5. Anonymous users2024-02-07

    No, it's illegal for them to owe you wages, but it's also illegal for you to get the company's finances. You can directly talk to the leader, or ask the union to help you coordinate and solve the problem, and if it doesn't work, report it to the local labor department and apply for arbitration. You can also file a civil lawsuit in the local basic court.

  6. Anonymous users2024-02-06

    You can't do that.

    Doing so is illegal and is subject to formal penalties. They can sue you for robbery (because you were forced to take it even if someone dissuaded you to.) If the sentence is severe, it will be very severe.

    For example, if someone hits you, then he has broken the law. If you hit him again and cause some harm, then you are also criminally responsible.

    I hope you can change your approach and use effective reasonable means to protect your rights and interests.

  7. Anonymous users2024-02-05

    If there is a labor inspection at the labor bureau, you can complain and deal with it.

  8. Anonymous users2024-02-04

    This is not only a crime but a crime, you know? It's good to say that it constitutes a crime, and it's troublesome.,It'll be archived.。。。 Who will dare to ask for a person who has sinned in the future...

    If the other party reports to the police and files a case and enters the judicial process, it is likely to constitute the crime of theft...

    Comrade, don't pit yourself for the sake of a month's salary...

  9. Anonymous users2024-02-03

    If the employer has not signed a labor contract with the employee, the labor dispute arbitration commission may refer to the following documents 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).

    As an employee, you should collect evidence to prove the existence of an employment relationship. If there is no written contract, every effort should be made to provide:

    1. Salary card, salary passbook, salary slip or record confirmed by the unit, and employee roster stamped by the unit;

    2. Records of the employer's payment of various social insurance premiums for the employee;

    3. "Work Permit", "Service Certificate", "Health Certificate", "Post Certificate" and other documents that can prove the identity issued by the employer to the employee;

    4. Recruitment records such as the "registration form" and "registration form" filled in by the employee;

    5. Attendance records stamped by the employer and working time attendance sheets;

    6. Testimony of other workers, etc., certified by in-service colleagues.

    7. The stamped project contract (involving the signature of the person), the letter of intent, the project bidding document with you, etc.

    8. Proof of the business trip of the unit, and the corresponding evidence of the business trip, such as the evidence obtained from the customer of the unit.

    9. Piecework record sheet (table) of labor results signed by middle-level managers;

    10. Reminder notice of water and electricity bills, rewards and punishments of units, and notices;

    11. Certificate of merit and prize with the name of the worker issued by the unit;

    12. Formal letter of introduction, power of attorney, etc. issued by the company;

    13. Other evidence that can prove the formation of labor relations between the two parties.

    If necessary, a local lawyer can be appointed to provide legal help.

    Supplement: The labor inspection department's complaint acceptance procedure for employees: determine whether to file a case within 5 working days, and the investigation and conclusion of the case within 60 working days, and extend it by 30 working days if there are special circumstances.

    The processing time for different complaints may vary depending on the circumstances of the case.

    The complainant should first collect basic evidence on his own so that the labor inspection department can file a case. In addition to the above-mentioned evidence proving the existence of an employment relationship, colleagues who are still working in the company but have the intention to complain about the company can also take pictures of the specific scenes of their work in the company, and they can take more photos; It is better to have a recording of the conversation with the boss and managers in the process of work.

    If you unite and provide corresponding evidence, collectively complain to the labor department, or even collectively seek attention from local newspapers, radio and television stations, this matter will be handled faster and fairer.

  10. Anonymous users2024-02-02

    Ready to go to the labor bureau to sue? Save it, private companies would rather give money as gifts than give money to employees.

    You can apply for arbitration directly at the local labor arbitration commission, free of charge. If the arbitral award is not enforced, the court will apply for enforcement.

    If you are not satisfied, you will go to court to sue.

    Don't have an employment contract? Double pay.

    Evidence: work permit, punch-in record, work group, etc.

  11. Anonymous users2024-02-01

    Hello, in this case, you can take the wage transaction slip to apply for labor arbitration.

  12. Anonymous users2024-01-31

    You can go back to your previous salary and look for some favorable evidence such as a work ticket that can prove that you were employed at a certain time. Then you can go to the local labor and social security bureau to file first.

  13. Anonymous users2024-01-30

    Go to the labor bureau to complain, believing that the Communist Party is fair.

  14. Anonymous users2024-01-29

    In this case, it is necessary to collect evidence first, and if there is no labor contract, you can collect other evidence (the more detailed the brand, work permit, work clothes, testimony, employee handbook, etc., the better), and then apply for arbitration in labor arbitration (necessary, you cannot directly sue in the court), and you can go to the court to sue if you are not satisfied with the arbitration. Good luck,

  15. Anonymous users2024-01-28

    Of course, the most important piece of evidence is to prove that she had an employment relationship with the company during the period of unpaid wages. If there is no employment contract, it can be proved by other evidence, such as a work permit, proof of payment of wages (pay slips or salary cards, etc.), and witness statements of workers, as long as it can prove the fact that she works there. In addition, it is necessary to prove the fact that wages are in arrears, such as the salary for this month is not included in the payroll slip, and it is better to pay wages through the bank, and you can also prove it by going directly to the bank to retrieve the payslip.

  16. Anonymous users2024-01-27

    If you have not signed a written employment contract with the company, but in fact there is an employment relationship, then you need to provide evidence to prove that there is a de facto employment relationship between you, including work permits, access cards, and the testimony of colleagues, as long as it can be inferred that you have indeed worked in the company, in addition, the entry records of your salary into the bank card and the work fax with your signature can also be used as evidence to corroborate. You should be as prepared as you can for this evidence. Then, according to the law, you should apply for arbitration to the labor dispute arbitration commission in the place where the labor is performed or where the employer is located, and submit a written arbitration application to the arbitration commission, clearly stating the facts and request.

    Zongheng Legal Network Guizhu lawyer.

  17. Anonymous users2024-01-26

    What to do if wages are in arrears?

    1. The easiest way is to file a complaint with the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the "Labor Security Supervision Regulations" and order it to pay the arrears of wages.

    2. According to Article 30 of the Labor Contract Law, if the employer is in arrears or fails to pay the labor remuneration in full, the employee 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.

    3. Apply for labor arbitration directly to the local labor administrative department (no fee, no lawyer), and claim compensation from the unit through the award issued by the labor arbitration, and if you still do not pay compensation, you can apply to the court for enforcement.

    4. While claiming wages in the above ways, you can also require the employer to pay you additional compensation according to the standard of 50% to 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law.

    5. Collect evidence and file a lawsuit with the local people's court in accordance with the law.

  18. Anonymous users2024-01-25

    You can file a complaint with the labor department or apply for labor arbitration.

  19. Anonymous users2024-01-24

    The company's operating environment is not very good, capital turnover is also a problem, I feel that I can't withdraw quickly, to the labor bureau is not easy to do alone, like you I estimate that many people don't want to do it, find a few more employees to make trouble with you to the labor bureau, the premise is that you must work together, so that the labor bureau will not dare to ignore.

    Hope it helps.

  20. Anonymous users2024-01-23

    It's really not okay to discuss it with the boss and complain to the relevant departments!

  21. Anonymous users2024-01-22

    Complain to the Labor Bureau. It's really not okay to discuss it with the boss and complain to the relevant departments! Find a few more employees to make trouble with you to the labor bureau, the premise is that you must work together, so that the labor bureau will not dare to ignore it.

  22. Anonymous users2024-01-21

    Answer: 1. It is still calculated according to the basic salary (2,500 yuan) and commission, and the employer shall provide evidence in this regard.

    2. If there is no interest, but according to Article 85 of the Labor Contract Law, if the labor remuneration of the employee is not paid in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state, the labor administrative department shall order the payment within a time limit; 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 50% to 100% of the amount payable. 3. The Housing Provident Fund Management Center shall order the deposit within a time limit. 4. If you are not satisfied with the results of the housing provident fund management center, you can file an administrative lawsuit.

  23. Anonymous users2024-01-20

    In your case, you will not be able to get additional compensation if you go directly to arbitration, and you can only get compensation if you comply with the provisions of the Labor Contract Law

    Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; 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.

  24. Anonymous users2024-01-19

    If the employer is in arrears, deducts fines or suspends wages for more than 3 months without reason, resulting in the lack of basic livelihood for the employee, the employee may apply for advance payment in accordance with the law in labor arbitration.

    1. Civil liability: If the employer deducts or arrears the employee's wages without reason, or refuses to pay the employee the wages and remuneration for extended working hours, the employee may notify the employer at any time to terminate the labor contract and request compensation from the employer. In addition to paying the employee's wages and remuneration in full within the prescribed time, the employer shall also pay an additional severance equivalent to 25% of the wages and remuneration.

    2. Administrative liability: If the employer deducts or arrears the wages of the employee without reason and refuses to pay the overtime wages of the employee, the labor and social security administrative department shall order the employee to pay the wages and remuneration in full, and impose a fine of not less than 1,000 yuan but not more than 3,000 yuan on the main person in charge of the enterprise and the person directly responsible, and the employer shall be dealt with according to the following provisions:

    1) If it exceeds 1 month, it shall be ordered to pay economic compensation equivalent to 25 wages and remuneration;

    2) If the period exceeds 3 months, it shall be ordered to pay severance equal to 25 wages and remunerations, and may be ordered to pay compensation to workers at a rate equal to 1 times the sum of wages and remuneration paid to workers and severance payments;

    3) For more than 6 months, it shall be ordered to pay economic compensation equivalent to 25 wages and remunerations, and may be ordered to pay compensation to workers at 2 to 5 times the sum of the wages and remuneration paid to workers and economic compensation, and at the same time announce it to the public through the news**.

    From the above provisions, it can be seen that the legal liability for deducting or defaulting on employees' wages without reason is clear, and employers that have deducted or defaulted on employees' wages without reason should promptly correct the illegal acts and cash in full and on time.

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