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1. If you work for an employer, there are two ways to ask for wages:
1) Workers can file a complaint with 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 there is no employment contract.
It is possible to demand double wages for those who have not signed an employment contract. If the termination of the employment relationship is filed on the basis of arrears of wages.
It is also possible to ask for financial compensation.
Gold. 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 a labor relationship, and you can directly go to the court to sue the individual boss and demand payment of labor remuneration.
Labor Dispute Mediation and Arbitration Law.
Article 2 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) Due to working hours, rest and vacation, social insurance.
disputes over 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 stipulates that wages shall be paid to the worker himself in the form of money on a monthly basis. No wages shall be deducted or owed to workers without reason.
Interim Provisions on Payment of Wages.
Article 18 The labor administrative departments at all levels have the right 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) Lower than the local minimum wage.
Paying wages to workers.
The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
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Call 12333 according to the prompts to transfer to the labor rights protection hotline, and complain to the labor inspection brigade that the unit has not paid the remaining wages, and the labor inspection department will record the processing and give a reply, if the handling is not good, you can also apply for labor arbitration, court prosecution, etc.
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You can call 12333 directly, and you can provide the required information according to the prompts, and you will generally ask for the full name and address of the company.
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Wage arrears Labor Department complaint **12333.
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12333 to apply for arbitration, sometimes it can be resolved.
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Summary. The most direct and easiest way to do this is to call the public service of the National Human Resources and Social Security System at 12333
If you encounter the boss's malicious arrears of salary, don't panic, after the boss communicates poorly, directly call the public service of the national human resources and social security system**12333Inform the platform of the relevant work.
At the same time, workers are required to actively study and understand the relevant labor laws and regulations, and must understand the specific work to whom, who pays wages and work content before paying labor.
Everyone is equal before the law, and in order to facilitate the litigation of workers, China's laws have provided a legal aid system to provide free legal aid to parties whose economic conditions do not permit.
How do you ask for a salary in 12333?
The most direct and easiest way: call the public service of the national human resources and social security system**12333 If you encounter the boss's malicious arrears of salary, don't panic, after the boss communicates poorly, directly call the public service of the national human resources and social security system**12333Inform the platform of the relevant work.
At the same time, workers are required to actively study and understand the relevant labor laws and regulations, and must understand the specific work to whom, who pays wages and work content before paying labor. In order to facilitate the litigation of workers, China's law provides a legal aid system to provide free legal aid to parties whose economic conditions do not permit.
The most direct and easiest way: call the public service of the national human resources and social security system**12333 If you encounter the boss's malicious arrears of salary, don't panic, after the boss communicates poorly, directly call the public service of the national human resources and social security system**12333Inform the platform of the relevant work.
At the same time, workers are required to actively study and understand the relevant labor laws and regulations, and must understand the specific work to whom, who pays wages and work content before paying labor. In order to facilitate the litigation of workers, China's law provides a legal aid system to provide free legal aid to parties whose economic conditions do not permit.
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12333, is just a labor consultation and labor law consultation platform, if you want to ask for wages the fastest way is to take the evidence directly to the labor bureau labor bureau will have a response in about 2 weeks, the labor bureau will arrange personnel to understand the situation. If it is true, the salary will come down soon.
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1. 2334 Social Security Bureau: They can't ask you for a salary, but you can report to them that they don't pay social security for you.
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If you want to ask for wages, you can call the 12333 number directly, and a number can directly help you ask for your personal salary, especially the wages of migrant workers.
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12233 To ask for wages, you need to provide evidence of non-payment of wages and the wages to be paid by each person, and then file an appeal. You can also directly call ** to ask for relevant information and ask yourself if you can get help.
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1. Wait for the sensitive dialectic: continue to call 12333 to complain** until the complaint is successful.
This method is applicable to situations where the company with unpaid wages is a regular company and the amount of unpaid wages is small. For example, in a large private enterprise deliberately presses the employee's salary for one to two months due to efficiency or adjustment problems, and the worker who is eager to get the salary still cannot get the arrears of wages after internal negotiation with the company, at this time, in order to protect his job, he can call 12333 to complain to the company, and the probability of successful complaint and handling is relatively large.
2. Prepare for the law with both hands and continue to call 12333 to complain**, and at the same time go to the labor inspection department where the company is located to complain.
This method is suitable for workers who get wages in a roundabout way and do not want to "tear their faces" with the employer. Since 12333 is a national complaint, if the worker gets through the first and complains, then the superior department of the labor inspection will put pressure on the lower-level unit and supervise the implementation, so that the wages can be recovered without worry. In addition, in order to prevent the first time from being unable to get through for a long time or the complaint is not accepted, you can directly prepare labor contracts, work records, wage slips and other materials to the local labor law enforcement inspection brigade to complain.
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The 12333 can recover wages in the following ways:
12333 will exert pressure on the subordinate units through the superior department of the labor inspection and supervise the implementation of the implementation, so as to achieve the purpose of paying arrears of wages.
12333 is a consultation from the Human Resources and Social Security Administration** and does not directly resolve the situation of unpaid wages. However, you can consult the Labor Inspection Brigade ** with 12333 and complain to the Labor Inspection Brigade. And the labor inspection brigade can only make adjustments.
Under normal circumstances, the employer can be adjusted to pay wages after consensus. However, some units do not accept the adjustment and refuse to pay wages, and in this case, they need to apply for labor arbitration for arbitration.
Workers can also file a complaint with the Safeguard Supervision Brigade of the labor department, or directly apply for labor arbitration, and if they are not satisfied with the award, they can also file a lawsuit with the people's court.
According to the relevant regulations, the labor administrative departments at all levels have the right 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. Deducting or defaulting on the wages of the workers without reason;
2. Refusal to pay wages for extended working hours;
3. The wages of workers are paid below the local minimum wage standard.
The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
[Legal basis].
Article 85 of the Labor Law of the People's Republic of China 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 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.
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Can you get it without a contract, can the boss ask for it if you don't give money?
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Legal Analysis: It is useful to call 12333 for personal wage issues. For wage arrears, workers can call 12333 to complain and report the fraud.
After the company owes wages, we can go to the labor bureau and the labor arbitration commission to file a lawsuit, and then negotiate with the boss to ask for back wages.
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 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.
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 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) If the workers are suspected of being in arrears when arranging for them to work for an extended period of time, they shall be paid wages and remunerations not less than 150 percent of the wages; (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.
Workers can look for proof of the existence of an employment relationship with the employer, such as: work permit or work card (preferably stamped with the official seal), salary card transaction records, wage slips, tooling with the name of the company, individual income tax payment certificate printed and stamped by the local taxation bureau, temporary residence permit handled by the employer for the employee, attendance records, social insurance payment records, work orders, colleague testimonies (preferably on the job), audio and video recordings, or other written materials with the employee's name and official seal or the boss's signature, etc. As long as the employment relationship between the two parties is proved, the employee can apply for labor arbitration and demand the employer to pay the arrears of wages. >>>More
1. Step 1: Collect the existence of labor relations.
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If you have collected evidence of the boss's arrears of wages (including attendance sheets, testimony from the financial department, testimony from employees, evidence of previous wages, etc.), you can report to the Labor and Social Security Inspection Brigade (the Labor Inspection Brigade is a subordinate agency of the Human Resources and Social Security Bureau, and generally works in the Human Resources and Social Security Bureau). )
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