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I don't know what your attendance record looks like? The key to this case is your employment relationship! If you can be sure!
Not only will you get your deposit back, but you'll also get back double pay compensation from January to July 10! As well as social security and other losses!
Q: What are my chances of winning if I apply for labor arbitration?
About 9 percent! If your e-attendance is genuine and valid, is that 100% me responsible if I fail the arbitration?
No liability will be paid! Even if you lose the case. Labor arbitration will also award the employer to return half of your deposit!
Oh! There is no slip for the deposit! This is also proof! Worker testimonies, attendance records, and more!
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There is no chance of winning, but you are not responsible for losing.
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1. What should I do if the company still does not pay the wages after the arbitration?
1. The handling method of the company's failure to pay wages after arbitration is as follows:
1) After the issuance of the labor arbitration award, if the company fails to file a lawsuit with the court for the expiration of the performance period determined by the labor award on the relevant wages, and the award takes effect, the company still does not pay the wages and does not perform the relevant obligations determined by the award, the employee may apply to the local grassroots court for compulsory enforcement with the award, enforcement application, copy of ID card and other relevant materials;
2) The parties shall perform the mediation and adjudication with legal effect within the prescribed time limit, and if one party fails to perform within the time limit, the other party may apply to the people's court for enforcement in accordance with the relevant provisions of the Civil Procedure Law, and the people's court accepting the application shall enforce it in accordance with the law, and when the employer fails to perform the wage obligation, the worker shall learn to use legal means to protect his rights and interests.
2. Legal basis: Article 237 of the Civil Procedure Law of the People's Republic of China.
In the course of enforcement, if the two parties reach an agreement through reconciliation on their own, the executor shall record the content of the agreement in the record, which shall be signed or sealed by both parties.
Where the person applying for enforcement reaches a settlement agreement with the person subject to enforcement due to fraud or coercion, or the parties fail to perform the settlement agreement, the People's Court may resume the enforcement of the original effective legal documents on the basis of the parties' applications. They may also apply to the people's court for arbitration.
2. What should I do if the company's bankruptcy liquidation is not enough to repay my salary?
If the company is bankrupt and liquidated, and does not know that it is enough to repay the salary, it can apply for labor arbitration.
After the company goes bankrupt, if the company's remaining assets are not enough to pay the arrears of employees' wages, they will take more according to who owes more, and distribute it in equal proportions.
The legal representative is not liable. However, if it can be proved that the legal representative is also a shareholder, and the legal representative maliciously confuses the company's assets and personal assets, or establishes another enterprise to transfer the company's property, he may request repayment with the personal property of the legal representative who is also a shareholder.
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Summary. Hello, the employee's salary is not paid and can be resolved through labor arbitration. Employees can file a complaint with the local labor bureau or arbitration board to demand payment of unpaid wages from the employer.
During the grievance process, the employee is required to provide relevant evidence, such as pay stubs, bank transfer records, etc., to prove that wages have not been paid. The labor arbitration institution will make a judgment and compel the employer to pay the arrears of wages in accordance with the relevant legal provisions and evidence. If the employer refuses to enforce the decision of the arbitration body, the employee can file a lawsuit in court and recover wages through legal means.
Hello, the employee's salary is not paid and can be resolved through labor arbitration. Employees can file a complaint with the local labor bureau or arbitration board to demand payment of unpaid wages from the employer. During the grievance process, the employee is required to provide relevant evidence, such as pay stubs, bank transfer records, etc., to prove that wages have not been paid.
The labor arbitration institution will make a judgment and compel the employer to pay the arrears of wages in accordance with the relevant legal provisions and evidence. If the employer refuses to enforce the decision of the arbitration body, the employee can file a lawsuit in court to recover wages through legal means. <>
Hello, according to the relevant provisions of the Labor Law of the People's Republic of China and the Labor Arbitration Law, if the employee's salary is not paid, the employee has the right to file a complaint with the local labor bureau or arbitration commission to demand the payment of arrears of wages. According to Article 36 of the Labor Law of the People's Republic of China, "the employer shall pay the labor remuneration ...... to the employee in accordance with the provisions of the Labor Law."Workers shall receive remuneration for their labor at the agreed time and in the manner agreed. ”
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If your wages as an employee are not paid, you can protect your legitimate rights and interests through labor arbitration. First of all, you can file a labor arbitration application with the local labor arbitration commission. When applying, you need to prepare relevant evidence, such as employment contracts, wage payment records, etc., to prove that your wages have not been paid.
The Labor Arbitration Commission will accept and mediate your application and make a final arbitration decision. If the arbitration outcome is not satisfactory to you, you can also file a lawsuit in court to demand payment from your employer. During this process, you need to appoint a lawyer to file a lawsuit on your behalf and prepare relevant evidence to prove that your rights and interests have been infringed.
Please note that if your wages are not paid, you should take action as soon as possible to avoid recourse to the expiration of your rights. In addition, if you encounter any difficulties in the process of applying for labor arbitration or filing a lawsuit, you can also consult your local labor and social security inspection department for more help and support.
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According to the relevant provisions of the Labor Law of the People's Republic of China and the Regulations of the People's Republic of China on the Settlement of Labor Disputes in Enterprises, after the arbitral tribunal makes an award, it shall prepare an award and serve it on both parties. If a party is dissatisfied with the arbitral award, it may file a lawsuit with the people's court within 15 days from the date of receipt of the award; If no prosecution is filed at the expiration of the time limit, the ruling shall take legal effect.
The parties shall perform on legally effective rulings in accordance with the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for compulsory enforcement If the labor arbitration award has taken effect, but the enterprise refuses to enforce it, the worker may apply to the court for compulsory enforcement, and the fees for Zaopei's application shall be paid in accordance with the provisions of Article 14 of the Measures for Payment of Litigation Fees, which shall be borne by the employer. If the unit refuses to implement the arbitration result, it may also impose a fine on the unit, and the principal person in charge of the unit may be detained.
In the process of applying for compulsory enforcement, expenses such as food expenses, transportation expenses, lawyer fees, telecommunications fees, and other expenses incurred may be claimed against the person subject to enforcement, the employer. Article 29 of the Labor Arbitration Law Within five days from the date of receipt of the arbitration application, if the Labor Dispute Arbitration Commission finds that it meets the conditions for acceptance, it shall accept it and notify the applicant; Where it is found that the requirements for acceptance are not met, the applicant shall be notified in writing not to accept the application and the reasons shall be explained. If the labor bench dispute arbitration commission does not accept the case or fails to make a decision within the time limit, the applicant may file a lawsuit with the people's court on the labor dispute matter.
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The most important thing in arbitration and litigation is evidence, and without evidence, even if the arbitrators and judges have compassion and use their discretion, I am afraid they will be helpless. Now that you know what the problem is, you can look for evidence. Even if it's not yours, there will always be payroll records from your former colleagues (who are in the same situation as you, by analogy).
The salary card can be recorded in the bank where you are located, and the bank will provide it, so that you can provide evidence.
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