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Employees can file a complaint with the local labor inspection department or apply for labor arbitration.
1. If you work for an employer, there are two ways to ask for wages:
1. Workers can complain to the local labor bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;
2. You can apply for arbitration at the local labor bureau (labor dispute arbitration committee of the human resources and social security bureau) and demand the payment of wages. If you do not have an employment contract, you can demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.
Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.
2. If it is a job for an individual, it is not considered an employment relationship, and you can directly go to the court to sue the individual boss and demand payment of labor remuneration.
Article 2 of the Law on Mediation and Arbitration of Labor Disputes 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, medical expenses for work-related injuries, economic compensation or compensation, etc.;
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 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels 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;
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.
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This situation is very common in society, but it is really a bit unbearable for you students who are still in school, after all, you don't have the financial **. Since there is an agent, you should find an agent, and the boss of your part-time job can't find anyone? It shouldn't be worse than this one hundred and two hundred, right?
I also worked part-time when I was in college, and the regular ones usually give you a salary card after a month. The individual will settle for you on the same day, and I haven't encountered your situation yet. There are a lot of reporters on TV who help, can you find the radio station **, if you do have time and want to get your salary back.
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We must dare to struggle, strive on the basis of reason, be good at struggle, and pay attention to techniques and ways and means.
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It's not a lot of money, or don't forget it, next time find a company you can trust to do.
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If the employer is in arrears of wages for more than one month, the worker may file a complaint with the Labor Bureau, and the Labor Bureau will order the employer to pay within a time limit. You can also apply for mediation, arbitration, file a lawsuit, or negotiate with the unit to settle it in accordance with the law.
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 91 Where an employer deducts wages from a worker or is in arrears without reason, the labor administrative department shall order the worker to pay wages and remuneration and economic compensation, and may also order the payment of compensation.
Article 7 of the Interim Provisions on Payment of Wages shall be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.
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If the employer is in arrears for more than one month, the employee can file a complaint with the labor bureau, which will order the employer to pay within a time limit. You can also apply for mediation, arbitration, file a lawsuit, or negotiate with the unit to settle it in accordance with the law.
Article 50 of the Labor Law stipulates that wages shall be paid to the worker himself in the form of money on the basis of the month of the record. Wages shall not be deducted or unjustifiably delayed. Article 91 If an employer deducts or defaults on the wages of a worker without reason, the labor administrative department shall order the worker to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation.
Article 7 of the Interim Provisions on Payment of Wages shall be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wages may be paid on a weekly, daily, or hourly basis.
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Handling of wage arrears for 2 months: 1. Workers can file complaints with the labor inspection of the local human resources and social security bureau; 2. You can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request payment of wages; 3. If there is an IOU, you can directly sue the court or apply to the court for a payment order to demand the payment of the salary amount in the IOU.
Regulations on the Supervision of Labor and Social Security
Article 26.
If an employer commits any of the following acts, the labor and social security administrative department shall order the employee to pay the employee's wages and remuneration, the difference between the employee's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract within a specified period of time;
If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable
1) Deducting or defaulting on the wages and remuneration of workers without reason;
2) The wages paid to the workers are lower than the local minimum wage;
3) Terminating a labor contract without giving the employee economic compensation in accordance with the law.
Labor Contract Law of the People's Republic of China
Article 30. The employer shall, in accordance with the provisions of the labor contract and state regulations, pay the labor remuneration to the employee 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.
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1. If the employer cannot be resolved, the employee may resolve the matter through the following legal channels: (1) complain and report to the local labor and social security supervision agency; (2) To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application must be submitted to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute; (3) Resolve through litigation. This is divided into three cases:
First, for labor dispute cases, if either party is dissatisfied after labor arbitration, it may file a lawsuit with the court. 2. If the employer fails to enforce the labor arbitration award after it takes effect, the employee may apply to the court for compulsory enforcement. 3. If it is a labor arrears, a civil lawsuit can be filed directly with the court.
Article 91 of the Labor Law of the People's Republic of China Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order it to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation: (1) deducting or defaulting on the wages of the worker without reason; (2) Refusal to pay wages and remuneration for extended working hours; 3) Paying wages to workers at a rate lower than the local minimum wage. (4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.
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