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After catching you, ask you why you don't pay people, and then call the personnel of the labor inspection brigade to come over, do all the work, and according to the actual situation, sell all your real estate and property and return them to people's wages...
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If you are caught, you will be detained first, and then your property will be checked, if you do not pay the workers, your car and house will be auctioned off, your savings will be frozen, and then you will be put on the national credit blacklist, restrict high-consumption travel, you will not be able to take a plane, high-speed rail, sleeper, and then you will not be able to take out a loan to buy a car or a house, and your children will go to school, join the group, join the party, etc., and if you do not pay back, the court will sentence you according to the amount of arrears.
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If you owe wages to a worker, then the worker will report to the labor department, and the labor department will arrest you through legal means, detain you, seize your property, and then force the issuance of wages, which is the inevitable result, and will also send a list of private messengers, so that you can't do anything, can't take the train, can't take the plane.
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If you don't have money, you will take out the family's property to pay off the debt, if you don't pay it back, you will be blacklisted and you will be on the list of old men, then you will be miserable, or think about paying back the workers' wages.
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After catching you, ask you why you don't pay the salary, and then sell your property and return the salary according to the actual situation.
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Forcing you to pay your salary, or having no money and going to jail.
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1. Is it useful to report to the police for wage arrears?
1. The alarm of wage arrears is useful, but its effect is limited. Generally, the conditions must be met in order to constitute the crime of refusing to pay labor remuneration, and workers can also take other ways to protect their rights. According to the law on the laws and regulations, only those who have the ability to pay labor remuneration but refuse to pay it and still fail to pay it after being ordered by the relevant department to do so only if the amount reaches a relatively large standard constitutes the crime of refusing to pay labor remuneration, and the public security organ will first conduct mediation and order the person to pay and then determine whether it constitutes a crime.
2. Legal basis: Article 276-1 of the Criminal Law of the People's Republic of China.
Crime of refusal to pay labor remuneration] Evading payment of laborers' labor remuneration by means such as transferring property, escaping, etc., or having the ability to pay but not paying laborers' labor remuneration, and the amount is relatively large, and the payment is still not done after being ordered to do so by the relevant departments, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to 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.
2. What should I do if the boss deliberately fails to pay wages?
Employees whose bosses are in arrears of wages can report to the local labor inspection administrative department, or they can apply to the local arbitration institution for labor arbitration. If the boss is in arrears of wages, the employee shall file a lawsuit directly with the people's court with the employer's wage IOU as evidence, and if the litigation claim does not involve other disputes in labor relations, it shall be regarded as a dispute over arrears of labor remuneration, and the civil dispute shall be accepted according to the civil dispute.
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The report of non-payment of wages will be dealt with. However, because the boss's arrears of wages are generally a labor dispute, it will be difficult to deal with them after reporting to the police. In practice, it is advisable for an employee who is owed wages to take the following measures:
1. Negotiate with your boss. 2. Complain to the labor department. 3. Find a labor arbitration institution for arbitration.
4. Find a court to file a lawsuit. deducting or defaulting on the wages of the workers without reason; refusal to pay wages and remuneration for extended working hours; The wages of workers are paid below the local minimum wage standard. Article 48 of the Labor Law of the People's Republic of China The State implements a minimum wage guarantee system.
The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record. The wages paid by the employer to the employee shall not be lower than the local minimum wage.
Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor reserve and control contract and the provisions of the state, 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.
Article 44 In any of the following circumstances, the employer shall pay the worker a wage remuneration higher than the wage for normal working hours in accordance with the following standards: (1) If the worker is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150 percent of the wage; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where 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.
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Useless. 1. Report to the labor administrative department (usually the labor management inspection brigade). 2. You can also apply for arbitration directly (the arbitration fee is 200-300 yuan, and if you win, the company will bear all the regrets).
3. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration document. 4. In accordance with the provisions of the state, in the event of arbitration or litigation, you may request that in addition to the full payment of the wages and remuneration of the employee within the prescribed time, an additional severance equivalent to 25% of the wages and remuneration shall be paid.
Article 85 of the Labor Contract Law of the People's Republic of China?
In any of the following circumstances, the labor administrative department shall order the employer 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 according to the standard of between 50% and 100% of the amount payable: (1) Failure to pay the labor remuneration of the employee 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 lower than the local minimum wage standard; (3) Arrange 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.
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Legal analysis: You can call the police, but because the boss's arrears of wages are generally labor disputes, it will be difficult to deal with them after calling the police. In practice, it is advisable for an employee who is owed wages to take the following measures:
1. Negotiate with your boss. 2. Complain to the labor department. 3. Find a labor arbitration institution for arbitration.
4. Find a court to file a lawsuit.
Legal basis: Article 79 of the Labor Law of the People's Republic of China After the occurrence of a labor dispute, 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.
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Legal analysis: It is useless to call the police, the easiest way is to complain to the local labor law enforcement inspection brigade, they will supervise and inspect the employer in accordance with the law, and order it to pay the arrears of wages.
Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the employee the remuneration for the labor deficiency register 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.
Under normal circumstances, the parties concerned should first file a complaint with the labor inspection department or apply to the labor arbitration commission for arbitration, and only if they still fail to pay after being urged by the labor administrative department to constitute the crime of refusing to pay labor remuneration, so that it will be useful to report to the police. >>>More
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