What should I do if the boss refuses to sign the certificate of arrears of wages

With your bank records, you can prove that your boss didn't pay you. Unless the boss himself comes up with proof that he paid you.

Workers who are in arrears of wages, do not pay wages, or deduct wages can call 12333** to complain, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade.

If the company fails to pay the remuneration on time, the employee can apply for the termination of the labor contract and labor relationship, and demand economic compensation. The worker may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages. If the labor arbitration conclusion is refused, it may apply to the court for compulsory enforcement.

Article 85 of the Labor Contract Law: 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 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.

Let his excavator often break, work hard, and dump the excavator with garbage.

Wage arrears are illegal, and the certificate of arrears of wages does not need to be written, because as long as you keep your attendance card for work, which can fully prove your working hours and working days, you can bring these materials to the labor office to complain and solve the problem when the employer does not pay wages after the deadline. If the employer is willing to issue a certificate of arrears of wages, it must indicate the amount and date of payment of wages and the compensation that will not be paid after the expiration date. In the same way, the proof of arrears of wages can be filed with the labor office, so that the labor office will also supervise the performance of the unit.

Article 9 of the Law on Mediation and Arbitration of Labor Disputes stipulates that if an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or defaulting on medical expenses, economic compensation or compensation for work-related injuries, the employee may file a complaint with the labor administrative department, which shall handle it in accordance with the law. Article 5 of the Labor Dispute Mediation and Arbitration Law provides that in the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

If the boss does not give money, he can prove his labor facts through the labor contract, the completed resume and other materials. The relevant laws stipulate that a written labor contract shall be concluded for the establishment of an employment relationship. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment. Under the circumstance that the law allows the demolition, the administrative organ may allow citizens or enterprises to engage in some specific matters, and these matters are also administrative licensing matters. Usually, the content of the administrative license is an activity that is generally prohibited by the state.

The establishment of administrative licensing shall follow the laws of economic and social development, and shall be conducive to giving full play to the positive nature and initiative of citizens, legal persons or other organizations, safeguarding public interests and social order, and promoting the coordinated development of the economy, society and the ecological environment. You can apply for arbitration at the local labor bureau (Labor Dispute Arbitration Commission of the Human Resources and Social Security Bureau) and demand payment of wages. If you do not have an employment contract, you can demand double the wages of the unsigned employment contract.

2.The text clearly states what person or unit owes what and the quantity, and the date of repayment should be indicated;

3.If the payment is signed by an individual, the name of the debtor and the handwritten signature of the person handling it must be signed, and the name of the individual who made the debtor must be signed on the IOU, and the date of the IOU should be signed at the same time.

Record the conversation with the boss as evidence, and find two or more witnesses to testify, which can also be used as evidence if there are written materials related to the job. If the employer has an industrial and commercial license, it can apply for labor arbitration to claim wages and double wages for unsigned labor contracts. If you don't have a license, you can go directly to the court to sue.

Legal basis: Article 10 of the Labor Contract Law of the People's Republic of China establishes a written labor contract.

Legal Analysis: Application for Labor Arbitration. Arbitration of labor dispute cases is a pre-procedure with a statute of limitations of one year.

The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed. If the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 27 The limitation period for applying for arbitration of labor disputes shall be one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed. The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests remedies from the relevant authorities, or the other party agrees to perform its obligations.

From the time of interruption, the arbitration limitation period is recalculated. If, due to force majeure or other justifiable reasons, the parties are unable to apply for arbitration within the limitation period for arbitration as provided for in paragraph 1 of this Article, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

The payment of wage arrears is illegal, and the certificate of arrears of wages does not need to be written, because as long as you keep your attendance card for work, which can fully prove your working hours and working days, you can bring these materials to the labor office to complain and solve the problem when the employer does not pay wages after the deadline. If the employer is willing to issue a certificate of arrears of wages, it must indicate the amount and date of payment of wages and the compensation that will not be paid after the expiration date. RN can also file a complaint with the labor office for the certificate of wage arrears, so that the labor office will also supervise the performance of the unit.

1. What should I do if the wages of migrant workers are not paid?

If migrant workers are owed wages, such as wage arrears caused by illegal contracting, subcontracting, illegal subcontracting, affiliation, or arrears of project payments in construction fields such as housing and construction, transportation, and water conservancy, they should first file a complaint with the arrears settlement agency of the competent department in each field, and may also file a complaint with the labor and social security supervision agency at the two levels in the urban area according to the location of the project. When complaining on site, you should bring: your ID card, the name and contact number of the person in charge of the project, and relevant evidence that can prove that Li is working in the project.

In addition, if there is a dispute between the two parties over the formation of a de facto labor relationship and the amount of wages, it shall be handled through the labor dispute arbitration procedure.

2. How to issue a nursing certificate if you are not hospitalized?

It is advisable to consult with the hospital. After clarifying the reason, it is recommended to actively negotiate with the hospital, because in case of any dispute, it is recommended to give priority to the method of negotiation, which is conducive to the solution of the problem, friendly negotiation, and so as not to intensify the contradiction between the two parties.

Gather supporting evidence. If you negotiate with the hospital amicably, the hospital is still unwilling to issue you a nursing certificate, as long as you meet the corresponding level of care, it is recommended that you collect favorable evidence, and only after you have the evidence can you prepare for the next step of rights protection.

It is possible to file a complaint with the hospital. If you feel that it is unreasonable for the hospital to refuse to issue a nursing certificate, you can bring the relevant evidence you have collected and actively complain to the hospital, you can go to the hospital's discipline inspection department, or you can go to the hospital's competent department to vote or file.

Explain that the company is trying to cheat. In this case, the only way to do this is to personally look for evidence and collect evidence of the company's wage arrears.

The Civil Procedure Law stipulates the scope of evidence:

Article 63: Evidence includes:

1) Statements of the parties;

2) documentary evidence; 3) physical evidence;

4) audio-visual materials;

e) electronic data;

6) witness testimony;

7) Appraisal opinions;

8) Inquest records.

Evidence must be verified to be true before it can be used as a basis for determining facts.