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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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First, go to the labor administrative department where the employer is located to file a complaint and ask the employer to pay the arrears of employees' wages; Secondly, you can apply to the labor arbitration commission where the employer is located for labor arbitration, and request the payment of arrears of wages, involving the ability to pay but not pay the labor remuneration of the laborer, the amount is relatively large, and the act of not paying after being ordered to pay by the relevant departments may constitute the crime of refusing to pay labor remuneration, and the case may be reported to the public security organ and recovered by the public security organ.
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Sit at the door of his house and wait.
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The most ruthless and effective ways to claim wages are to choose non-litigation procedures, labor arbitration, criminal prosecution procedures, and compulsory enforcement procedures. 1. Choose the non-litigation procedure and follow the supervision procedure based on the settlement agreement. The supervision procedure is a legal procedure in which the court urges the debtor to perform the debt with the content of payment of money and value within the statutory period by means of a payment order according to the application of the creditor.
The supervision procedure is a non-litigation procedure, no, the court will issue a payment order to the debtor on the basis of relevant evidence.
The cost of paying off debts is very low, the trial period is short, and the burden of proof is light, which can reduce the burden of the applicant due to litigation.
2. Choose labor arbitration.
If there is no above-mentioned settlement agreement such as an IOU, a letter of commitment or a repayment plan issued by the unit, and the reconciliation, mediation or reporting fails, the only person can apply for labor arbitration, and only if he is dissatisfied after arbitration can he file a civil lawsuit. However, there are more such procedures. Property preservation may also be applied for in these proceedings.
3. Choose a criminal procedure for criminal prosecution.
The first paragraph of Article 276 of the Criminal Law of our country stipulates: Where the payment of laborers' labor remuneration is evaded by means such as transferring property or escaping, or where there is the ability to pay but not paying the laborer's labor remuneration, and the amount is relatively large, and the payment is still not paid after being ordered to do so by the relevant departments, a sentence of up to three years imprisonment or short-term detention shall 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.
4. Select the enforcement procedure.
If the party with the obligation refuses to perform the legally effective labor arbitration award, labor arbitration mediation document, payment order, court judgment or mediation document made in the procedures 1 to 3 above, the other party may apply to the people's court for compulsory enforcement procedures in accordance with the law.
Extended Materials. 1. In many labor disputes, there is often a lot of discussion about who bears the burden of proof and whether the employer has paid wages. However, according to the relevant judicial interpretations of China, the burden of proof of whether wages are paid shall be borne by the employer.
2. China's Interim Provisions on Payment of Wages stipulate that an employer may entrust a bank to pay wages on its behalf. The employer must keep a written record of the amount and time of payment of the employee's wages, the name and signature of the recipient, and keep it for at least two years for future reference.
When paying wages, the employer shall provide the employee with a list of his or her personal wages.
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Dear, the best way to ask for wages is to complain to the local labor inspection brigade, first of all, you can complain about the principal of the arrears of wages, and ask the labor inspection brigade to order the payment of wages. 2. If the employer fails to pay wages within the time limit specified by the Labor Inspection Brigade, it may request the Labor Inspection Brigade to continue to order the payment of additional compensation. For example, if the wages are 5,000 yuan in arrears, if the stone fruit is not paid on time, the labor inspector can order the employee to pay an additional 50%-100% of the additional compensation, that is, an additional 2,500 to 5,000 yuan.
This method is a large and fine issuance, and the employee does not need to provide evidence, but only needs to provide the necessary clues to the labor inspectorate, which is more labor-saving and efficient than labor arbitration and the court. 3. If it is a wage arrears in the construction field, in addition to complaining to the labor inspection brigade about the accident, you can also complain to the local construction bureau, and the construction bureau in the field of wage arrears is also obliged to investigate and deal with it.
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I didn't sign a contract, I didn't have an IOU, what if the boss didn't give money.