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Report to your local labour inspectorate. The Interim Provisions on Payment of Wages clearly stipulate that "the employer shall pay the wages to the employee himself/herself. ”
At the same time, it also stipulates that "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 an employee, the labor administrative department shall order the employer to pay the employee's wages and economic compensation, 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 to workers for extended working hours;
3) Paying wages to workers at a rate lower than the local minimum wage. Therefore, if an employee encounters a non-payment of wages by the employer, he or she can file a complaint with the local labor inspection brigade
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Legal analysis: file a complaint with the labor bureau where the employer is located; Lodge a complaint with the labor arbitration commission where the employer is located.
If the employer does not pay wages or if a labor dispute arises between the employee and the employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with the law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
Legal basis: Labor Law of the People's Republic of China
Article 46 The distribution of wages shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented.
The level of wages has been gradually raised on the basis of economic development. The state implements macroeconomic regulation and control over the total amount of wages.
Article 47 An employer shall, on the basis of the characteristics of its production and operation and its economic benefits, independently determine the wage distribution method and wage level of its unit in accordance with law.
Article 48 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.
1) The minimum living expenses of the worker himself and the average dependent population;
2) the average level of social wages;
3) labor productivity;
4) employment status;
5) Differences in the level of economic development between regions.
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Report to your local labour inspectorate. The Interim Provisions on Payment of Wages clearly stipulate that "the employer shall pay the wages to the employee himself/herself. ”
At the same time, it also stipulates that "labor administrative departments at all levels have the right to supervise the payment of wages by employers." If an employer infringes upon the legitimate rights and interests of an employee in any of the following acts, the labor administrative department of Shengwang shall order the employer to pay the employee's wages and economic compensation, 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 to workers for extended working hours;
3) Paying wages to workers at a rate lower than the local minimum wage. "Noisy.
Therefore, if an employee encounters a non-payment of wages by the employer, he or she can file a complaint with the local labor inspection brigade
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The places where you should complain about non-payment of wages are as follows:
1. Complain and report to the local labor and social security supervision agency;
2. To apply for arbitration to the local labor dispute arbitration commission, a written application shall be submitted to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute
1) If the labor contract is not signed, you can demand double the salary of the unsigned labor contract;
2) If the labor relationship is terminated on the basis of arrears of wages, the employee may also be required to pay severance compensation.
3. Go to the local people's court to resolve it through litigation
1) In the case of labor disputes, if any party is dissatisfied after labor arbitration, it may file a lawsuit with the court;
2) After arbitration, they will obey it, and after the labor arbitration award takes effect, if the employer does not enforce it, it may apply to the court for compulsory enforcement;
3) If it belongs to the category of arrears of labor defense Hongji, a civil lawsuit can be filed directly with the court.
Legal basisArticle 91 of the Labor Law of the People's Republic of China.
If an employer commits any of the following circumstances that violently infringe upon the lawful rights and interests of a worker, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation:
1) Withholding or defaulting on the wages of workers without reason;
2) Refusing to pay wages and remuneration for extended working hours;
3) Paying wages to workers at a rate lower than the local minimum wage standard;
4) Failing to give economic compensation to the employee in accordance with the provisions of this Law after the termination of the labor contract.
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Labour Inspection Brigade.
The Labor Inspection Brigade is a public institution subordinate to the Human Resources and Social Security Bureau, which undertakes the administrative functions authorized by the Human Resources and Social Security Bureau to guide and carry out labor security inspections and is responsible for the handling of labor security inspections.
Scope of acceptance by the Labor Inspection Brigade:
Article 10 of the Regulations on Labor and Social Security Supervision The labor and social security administrative departments shall carry out labor security inspections and perform the following duties:
1) Publicize labor security laws, regulations, and rules, and urge employers to implement them;
2) To inspect the employer's compliance with labor security laws, regulations and rules;
3) To accept reports and complaints about violations of labor security laws, regulations or rules;
4) Correct, investigate and deal with violations of labor security laws, regulations or rules in accordance with the law. Article 11 The administrative departments for labor and social security shall carry out labor security supervision on the following matters:
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Answer: If the company owes you wages or pays wages below the local minimum wage standard or does not pay the previous wages after leaving the company, you can bring your identity documents and evidence of complaint to the labor inspection brigade to complain, and the inspection team will ask the company to pay back wages within a time limit, and if the company fails to pay within the time limit, it will compensate you according to 50% and 100% of the wages owed to you.
Ask questions and go to ** complaints.
Ask yourself if you have no evidence, can you complain.
Labor Inspection Brigade, what is the number.
12333 is a unified national labor administrative department consultation and complaints**, and most areas are 24-hour manual service. If you need the district or county labor administrative department**, you need to call 114 for further consultation.
Question: Generally, this ** is 100% able to get a salary, right? I have never encountered such a bird factory, an unreasonable factory.
Ask a good question.
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Labor BureauThe District Labor Bureau is the working department in charge of labor work in the district. Its main functions are:
1. Formulate the basic principles and policies of labor work and the overall plan for the reform of the labor system, prepare the development plan and annual work plan of labor work and organize their implementation.
2. Implement labor laws, regulations and policies, handle labor petition cases and administrative litigation cases, and exercise labor supervision and inspection functions on behalf of the district; guide and supervise the implementation of labor laws and regulations by towns and employers; Responsible for the popularization of labor law and legal consultation.
3. Responsible for the adjustment of labor relations, establish and improve the labor dispute settlement system, guide the implementation of the labor contract system and the development of labor arbitration; Guide enterprises to establish and improve the construction of labor dispute mediation institutions and systems, and ensure the harmony and stability of labor relations between employers.
4. Responsible for the examination and approval of the recruitment and transfer of workers and the work arrangement of policy-based placement personnel; Implement macro policies and measures for the wages of employees in enterprises, review the total wages of enterprises and check the implementation of minimum wage standards.
5. Formulate basic measures to promote urban and rural employment; Plan the development of the labor market, establish and improve the employment service system, and organize and implement reemployment projects; Establish and develop public welfare employment agencies, and strengthen the management of socially run employment agencies.
6. Responsible for the approval and management of social forces-run institutions; implementation of the national vocational skills appraisal policy; Responsible for the skills training of enterprise employees and the re-employment training of the unemployed; Implement the state's policies and measures for the training, commendation and reward of vocational and skilled personnel, and organize vocational skills competitions for employees in the whole region.
7. Responsible for labor statistics and labor information, organize the construction of the region's labor information network, and regularly publish labor statistics bulletins, information materials and development reports.
8. Undertake other matters assigned by the superior business department and the district.
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Hello, the employer does not pay the wages in full immediately, and the negotiation fails, the employee can solve it in the following ways:
lodge a complaint with the labor administrative department;
Apply to the Labor Arbitration Commission for labor arbitration.
apply to the Mediation Committee for mediation;
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The most effective is to climb the tower crane en masse.
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If the employer does not pay wages, first of all, it is necessary to file a complaint with the labor and social security inspection agency and request mediation from the labor and social security inspection agency, which is not mandatory. Secondly, if the mediation by the labor administrative department fails, you can go to the labor dispute arbitration commission to apply for labor dispute arbitration. Finally, if both parties are not satisfied with the arbitration result, the arbitrator may file a lawsuit with the people's court and request the people's court to make a judgment against the employer.
In the protection of the rights of wage arrears, employees should pay attention to confirming the facts of the labor relationship with the employer, such as pay slips, attendance records, and documents in the course of work. In order to preserve evidence for rights protection in the later stage.
In short, if the employer does not pay wages, the employee can choose to file a complaint with the Labor Bureau or apply to the Labor Dispute Arbitration Commission for arbitration. You must not tolerate similar behaviors in your employer just because you want to keep your job, which will only hurt your legitimate rights and interests even more. Legal basis
Article 30 of the Labor Contract Law.
The employer shall, in accordance with the provisions of the labor contract and state regulations, 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 85.
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.
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Report to your local labour inspectorate. The Interim Provisions on Payment of Wages clearly stipulate that "the employer shall pay the wages to the employee himself/herself. ”
At the same time, it also stipulates that "labor administrative departments at all levels have the right to supervise the payment of wages by employers." If an employer infringes upon the legitimate rights and interests of an employee in any of the following acts, the labor administrative department of Shengwang shall order the employer to pay the employee's wages and economic compensation, 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 to workers for extended working hours;
3) Paying wages to workers at a rate lower than the local minimum wage. "Noisy.
Therefore, if an employee encounters a non-payment of wages by the employer, he or she can file a complaint with the local labor inspection brigade
-
If the employer fails to pay wages and complains to the labor administrative department, the labor administrative and social security department will order the employer to pay the arrears of wages within a time limit, and if the employer fails to pay the salary within the time limit, it will order the employer to pay additional compensation to the employee according to the standard of between 50% and 100% of the amount payable by Tuanpiqiao.
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