The boss is in arrears and underpays the employee for one year s wages

E-Law answers:

Article 50 of the Labor Law 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 36 The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.

Article 44 In any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards:

1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wage shall be paid;

2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, a wage remuneration of not less than 200 percent of the wage shall be paid;

3) If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

Article 82 of the Labor Contract Law If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

According to the above provisions, it is illegal for the boss to fail to sign a labor contract, to pay wages, not to pay overtime pay, and not to pay social security as required. You can ask your boss to pay wages (including double pay) and overtime pay, as well as make back social security contributions. If the employer refuses to pay and make back contributions, you can apply for labor arbitration and file a complaint with the social insurance administrative department.

I hope mine can be helpful to you, if you still have any questions, you can consult Efatong.

Because of the introduction of acquaintances, I didn't sign a contract! These premises make it difficult for you to solve the purpose of your current rights protection from the legal level, and it is recommended that you better coordinate and solve it through acquaintances, it is really troublesome to get you stuck!

If your acquaintances can't solve it, you can go to the local ** to seek a solution.

It seems that your problem is very complicated, I see, you go to his house all day long to ask for money, and if you can get your salary out, you can buy the rest of the lessons.

If the boss does not pay the wages in arrears, the employee has several ways to claim wages, such as filing a complaint with the local labor inspection department, applying for arbitration, or going to the court to apply for a payment order. If the arbitration does not resolve the issue, the employee can also file a lawsuit in court. Regarding the problem of the boss's non-payment of wages, the following is a detailed answer for you.

1. What should I do if the boss does not pay the arrears of wages?

1. The solution to the non-payment of arrears of wages:

1) Lodge a complaint with the local labor inspection department;

2) Apply for labor arbitration at the Human Resources and Social Security Bureau;

3) Go to the local people's court to file a lawsuit and apply for a payment order;

4) If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.

2. Legal basis: Article 85 of the Labor Contract Law.

Legal Liability for Failure to Pay Labor Remuneration and Economic Compensation in Accordance with Law] 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.

2. How long is the statute of limitations for applying for arbitration for arrears of wages?

1. The arbitration statute of limitations for wage arrears is one year, and the arbitration limitation period is calculated from the date on which the parties know or should know that their rights have been infringed.

2. Under special circumstances, the application for arbitration by an in-service worker due to arrears of labor remuneration is not subject to the one-year limitation period for arbitration.

3. If the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

4. It is interrupted because one of the parties claims rights against the other party, or requests rights and remedies from the relevant departments, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.

I hope the above content can be helpful to you, if you have any other questions, you can click the button below to consult, or consult a professional lawyer.

Summary. Hello, I am glad to answer for you: Article 85 of the Labor Contract Law 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 low 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

The boss is in arrears of wages and does not pay wages on the grounds that he has no money.

Hello, I am glad to answer for you: Article 85 of the Labor Contract Law 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 low 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

According to Article 79 of the Labor Law of the People's Republic of China [Mediation and Arbitration] After a labor dispute occurs, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

According to the relevant laws and regulations of China, an employer cannot default on the wages of its employees. The employer should pay the employee's wages in a timely manner, and if the employee does not receive the wages due to him/her, he or she can file a lawsuit directly with the labor arbitration commission. Or file a lawsuit in court.

If the labor arbitration commission and the court determine that the employer owes the employee's wages, they will enforce it.

What kind of procedure is labor arbitration?

If the labor dispute arbitration commission finds that the conditions for acceptance are met, it shall accept the application and notify the applicant if it finds that it meets the conditions for acceptance; 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 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.

How to solve the problem of non-payment of arrears of wages: In the case of arrears of wages and no written IOU, the employee must first negotiate with the employer, and if the negotiation fails, the following legal means can be adopted to solve the problem: 1. Complain and report to the local labor and social security supervision agency, and report to Linghu **12333;2. To apply for arbitration to the local labor dispute arbitration commission, it should be noted that a written application must be submitted within one year from the date of occurrence of the labor dispute; 3. Litigation Channels.

This is divided into three situations: (1) in a labor arbitration case, if any party is dissatisfied, he or she may file a lawsuit with the court; (2) If the employer does not enforce the law after arbitration, the person who knows about it may apply to the court for compulsory enforcement; (3) Labor arrears may be directly filed with the court for civil litigation.

If the boss is in arrears, he can first negotiate with the boss to settle it, and if the negotiation fails, he can complain to the local labor bureau. You can also apply for labor arbitration, and if you are not satisfied with the arbitral award, Huijing can file a lawsuit with the people's court. Be cautious before that.

How can the old cave Hu ban be wiped out if the arrears of work are taken with trembling funds? You can go to the labor office to file a complaint.

According to the laws of our country, employees who are in arrears of work by the unit can take legal measures to compel the unit to pay wages, and the boss maliciously defaults on wages, which may constitute the crime of refusing to pay the labor remuneration of Ransen rent.

The private boss Nian Chongmin dragged the boy to pay for the arrears, how to deal with the arrears of the work.

According to the law, the employer should pay the wages of the employee in full and in a timely manner, including the timely payment of the commission part of the slag. In addition, if the company does not sign a labor contract, it will be required to pay the employee double the salary from the second month.

After collecting evidence, you can apply for labor arbitration or file a complaint to protect your rights.

If the boss is in arrears of wages, first negotiate with the boss to settle it, and if the negotiation fails, you can complain to the local labor bureau. You may also apply for labor arbitration, and if you are not satisfied with the arbitral award, you may file a lawsuit with the people's court.

According to the laws of our country, employees who are in arrears of wages by a unit may take legal measures to compel the employer to pay wages, and the boss maliciously defaults on wages, which may constitute the crime of refusing to pay labor remuneration.

Legal: What should I do if my boss owes me wages?

You don't have to go to the labor bureau, you go directly to the local labor bureau, someone will come and deal with it immediately, you should be able to get a salary in this situation, and if he doesn't give him, he will be punished.

If your boss owes you wages, you can apply for labor arbitration. According to the Labor Dispute Mediation and Arbitration Law, the party initiating labor arbitration shall submit a written application to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute. Unless the parties apply for arbitration due to force majeure or other justifiable reasons, the arbitration commission shall not accept the application if the time limit for arbitration has expired as prescribed by law.

If the boss is not trustworthy, it is recommended to take legal means to protect your legitimate rights and interests.

What should I do if my boss owes my wages? You can go to the labor office to file a complaint.

1. For this kind of illegal behavior, the easiest way is to complain to the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the "Labor and Social Security Supervision Regulations" in accordance with the law, and order it to pay the arrears of wages.

2. In accordance with the provisions of 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. The most effective is to apply for labor arbitration directly to the local labor administrative department, and claim compensation from the unit through the award issued by the labor arbitration, and if the compensation is not paid, you can apply to the court for enforcement.

4. If the labor arbitration is not accepted or the arbitration is unfair, a civil lawsuit can be filed with the court within 15 days and directly executed through the court judgment.

5. While claiming wages in the above ways, you can also request 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.

First of all, it is certain that it is illegal for the boss not to pay wages, and at this time, employees can protect their rights and interests through some legal channels, such as complaining to the labor inspection department, applying for labor arbitration, filing labor lawsuits, etc. No matter what means are used to ask for wages, all employees must not act impulsively. If necessary, a professional lawyer can provide you with legal services to help you get your salary back.