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Hello, basically not, and not criminals involved in crime, complaining about wage arrears must have left the job, and retaliation will only make the legal punishment heavier.
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As for the arrears of wages, well, I think that even if I have to come back, I will not be retaliated against by others in the future, because after all, it is you who are in arrears, and it is not someone else who deliberately blackmailed you.
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It shouldn't be, now is a society ruled by law, as long as the other party dares to retaliate, it will definitely be brought to justice, and if you can't escape, ordinary people will not take this risk.
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Complaining about wage arrears will definitely take revenge in the future, but he doesn't dare to hurt you too much.
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If the factory is in arrears of wages. It's okay, if you don't pay the county wages for a long time, it's okay if you only have three or two days, and if you don't pay the wages for a long time, the employees will definitely retaliate, such as a collective strike or something.
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Will I be retaliated against in the future for complaining about unpaid wages? Complaints about unpaid wages are likely to result in retaliation in the future. So be mentally prepared when complaining.
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If you are owed wages, you will definitely be retaliated against, so the best thing to do is not to file a complaint.
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Of course, there is a possibility of retaliation in the future, so don't recommend someone else's salary, otherwise it will be very troublesome in the future.
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Look at the character, if the character of the person you complain about is not good, he will retaliate, but the arrears of wages still have to go to labor arbitration.
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That's a good chance. If your complaint is known, you will definitely wear small shoes, so if you encounter this kind of thing, you should be prepared to resign before complaining.
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It's possible. Because complaints may affect the interpersonal relationship between the employer and the employee.
However, the way of retaliation will not be vicious situations such as beating, and it may be that employees will not be allowed to work in the unit in the future.
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If you complain about the arrears of wages, if you are still working in that factory, you will be given small shoes, and under normal circumstances, we will change factories to work after the complaint.
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This is possible, but it is unlikely, because you deserve it, it is the payment of your labor, and if you feel unstable, there are many places where you can leave your job after being asked for your salary or after that.
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Since they have all complained, why are you afraid of his retaliation? It's normal for him to owe you wages and ask him for it, and if he cheats on you, you have to complain to him and report him to the relevant departments for punishment, which is the normal reason.
If everyone can fight to maintain justice, then there will be less darkness in this world, and this society will be brighter and warmer.
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Will there be retaliation for complaining about wage arrears in the future, and will there be no retaliation for complaining about wage arrears in the future? It's legal and valid.
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Even if it is not retaliated against, it is still illegal, and the labor bureau will sue one by one.
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If you are in arrears of wages, you will definitely be retaliated against in the future, and if the state does not care about you, you will also be punished.
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After this kind of complaint is completed, after getting the money, it is generally not to stay in the original company.
As long as you take the money and leave quietly, you will be fine.
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Since they have complained, don't be afraid, now that it is a society governed by the rule of law, they have to think about the price if they want to retaliate.
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You are defending your rights in accordance with the law.
If you retaliate, the unit is too ungasy.
You can cancel the contract and leave.
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The boss's IQ is not so low, and if the complaint is retaliated against, you can call the police to deal with it.
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Hard. If the complaint is resolved, it is better not to continue to do it and find a new job.
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If you complain about wage arrears, you will not be retaliated against in the future, and even if you are retaliated against, you have to complain.
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It's hard to say, depending on whether the person you are complained about will retaliate against you.
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Legal Analysis: Yes, if the employer owes or deducts wages, including the situation that the wages are withheld and not paid after resignation, you can go to the labor inspection where the employer is located to fill in the form and complain.
Legal basis: Article 48 of the Labor Law of the People's Republic of China The State implements a minimum wage guarantee system. The specific standards for the minimum work return and salary 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.
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 the provisions of the State, pay the labor remuneration to the worker 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 Under 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) if the workers are arranged to work longer hours, the wages and remunerations shall not be less than 150 percent of the wages; (2) If a worker is assigned to work on a rest day and cannot arrange a compensatory break, he shall be paid a wage remuneration of not less than 200 percent of his wages; (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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According to the provisions of the Labor Dispute Mediation and Arbitration Law, if the boss retaliates against the employee who is owed wages, if a labor dispute arises, the employee can apply for labor arbitration to resolve the labor dispute; If there is a threat to the personal safety of the employee, the employee can report the case to the public security organ. A clever question about what to do if a boss retaliates against an employee who is owed wages.
1. What should the boss do if he retaliates against the employee who is owed wages?
1. If the boss retaliates against the employee who is owed wages, it shall be dealt with according to the following circumstances:
1) If a labor dispute arises, you can apply for labor arbitration to resolve the labor dispute;
2) If there is a threat to the personal safety of the employee, the employee can report the case to the public security organ.
2. Legal basis: Article 2 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China.
Article 20 of the Law of the People's Republic of China on Public Security Administration Punishments.
2. What should I do if the company is in arrears of wages and how to protect my rights
In the case of arrears of wages by the employer, the migrant worker should first negotiate with the employer, and if the negotiation cannot be resolved, the following legal channels can be adopted:
1) Complain and report to the local labor and social security inspection agency;
2) To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application should be submitted to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute;
3) Resolve through litigation. This is divided into three situations: first, for labor dispute cases, if any party is dissatisfied after labor arbitration, it can file a lawsuit with the court; Second, if the employer does not enforce the labor arbitration award after the arbitration award takes effect, the migrant worker may apply to the court for compulsory enforcement; Third, those who belong to the category of labor arrears can directly file a civil lawsuit with the court.
According to the provisions of the Labor Dispute Mediation and Arbitration Law, if the boss retaliates against the employee who is owed wages, if a labor dispute arises, the employee can apply for labor arbitration to resolve the labor dispute; If the employee is threatened with personal safety, the employee may report the case to the public security organ. I hope you find the above helpful, and if you have any other questions, please consult me.
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1. What are the consequences of being sued by the employee to the Labor Bureau for arrears of wages
1. If the employer is in arrears of wages and the employee reports to the Labor Bureau, the employer shall bear the following consequences if the fact of wage arrears exists:
1) The administrative department of labor and social security shall order the payment of the wages and remuneration of the workers within a time limit, the difference between the wages of the workers and the local minimum wage standard, or the economic compensation for the termination of the labor union;
2) If the payment is not made 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.
2. Legal basis: Article 26 of the Regulations on Labor and Social Security Supervision.
2. How to protect the rights of the company in arrears of wages
In the case of arrears of wages by the employer, the migrant worker should first negotiate with the employer, and if the negotiation cannot be resolved, the following legal channels can be adopted:
1) Complain and report to the local labor and social security inspection agency;
2) To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application should be submitted to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute;
3) Resolve through litigation. This is divided into three situations: first, for labor dispute cases, if any party is dissatisfied after labor arbitration, it can file a lawsuit with the court; Second, if the employer does not enforce the labor arbitration award after the arbitration award takes effect, the migrant worker may apply to the court for compulsory enforcement; Third, those who belong to the category of labor arrears can directly file a civil lawsuit with the court.
According to the Regulations on Labor and Social Security Inspection, if an employee reports to the Labor Bureau that the employer is in arrears of wages, the Labor Bureau will investigate, and if the wages are indeed in arrears, the employer shall be ordered to pay within a time limit, and if the employee fails to pay within the time limit, the employer shall be ordered to pay additional compensation. I hope the above content can be helpful to you, if you have any other questions, you can click the button below to consult a professional lawyer.
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Lawyer answers
Useful. Lawyer analysis
Yes, if the employer is in arrears or withholds wages, including the situation that wages are withheld and not paid after resignation, you can go to the labor inspection where the employer is located to fill in a complaint form.
1. The following materials are required to file a complaint with the labor inspectorate.
1. Complainant's ID card;
2. Labor contract;
3. "Work Permit", "Service Certificate" and other documents that can prove the identity issued by the employer to the employee;
4. Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;
5. Recruitment records such as the "registration form" and "registration form" filled in by the employee;
6. Attendance records;
7. Other materials to prove the labor relationship;
Second, the handling process:
1. Listen to the statements of the report and complainant;
2. Determine the scope of acceptance;
3. Accept or inform the receiving department or unit;
4. Report and catch up with the complainant to fill in the "Complaint Form" or "Report Letter";
5. Review the evidence materials provided by them related to reports and complaints;
6. Copies of retained evidence materials;
7. Contact the employer to conduct a preliminary investigation of the case;
8. For cases where the case is simple and the reported and complaining unit actively cooperates with the handling of the case, the reporting and complaint center will handle and close the case;
9. For others that meet the requirements for case filing, they shall be transferred to the relevant departments for handling.
10. Inform the report and the complainant of the investigation results.
Legal basis
Article 50 of the Labour Code.
Wages shall be paid in monetary form to the worker on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
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