What should I do if the company owes wages? Can I still get my salary if I don t sign a contract?

3. For the act of maliciously defaulting on wages, in addition to paying the wages and remuneration of the workers in full, an additional economic compensation equivalent to 25% of the wages and remuneration shall be paid.

OK. 1. You can apply for labor arbitration and require the employer to pay you the arrears of wages, deposits, economic compensation, double wages for unsigned labor contracts (starting from the second month of employment, up to 11 months), overtime wages, etc.; Counting from the time you leave your job, the statute of limitations for labor arbitration is one year!

2. In labor disputes, it is key to have evidence to prove the labor relationship, such as work permit or work card (preferably stamped with the official seal), salary card transaction records, salary 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 you, attendance records, social insurance payment records, work orders, colleague testimonies (resigned and in-service can be used), audio and video recordings or other written materials with your name and official seal or the boss's signature, etc.;

3. When applying for labor arbitration, you need to bring the arbitration application, a copy of your ID card, relevant evidence, and a copy of the employer's business registration information or business license (registration information is not required in Beijing)! After the case is filed, **, and then mediated, and the arbitration committee fails to issue an award if the mediation fails;

4. If you ask professionals for guidance, you can handle the labor case by yourself, and you can win the case as well, and the labor arbitration commission does not charge any fees. During the application for labor arbitration, you will not be delayed to work in the new unit!

5. Legal basis: Article 2 of the Labor Dispute Mediation and Arbitration Law and Article 1 of the Labor Contract Law!

The way to deal with the arrears of wages without signing the labor contract is: first, first go to the company's leaders to negotiate and ask for the arrears of wages; Secondly, if the negotiation with the company fails, then go to the local labor inspection brigade to file a complaint; Finally, if the labor inspection team fails to deal with it, then it is necessary to collect relevant evidence and apply to the local labor arbitration commission for labor arbitration.

Article 5 of the Labor Dispute Arbitration Law.

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 bank adjustment for resolution; 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.

Legal analysis: If there is no labor contract and wages are owed, you can apply for arbitration at the local labor bureau or arbitration institution to demand payment of wages. In addition, according to the provisions of China's Labor Huizheng Contract Law, the employer shall sign a contract with the employee within one month from the start of work, and if it fails to sign within the time limit, it shall pay the employee double wages.

Therefore, the employee can apply for arbitration to claim double wages.

Legal basis: Article 10 of the Labor Contract Law of the People's Republic of China A written labor contract shall be concluded to establish a labor 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.

Legal analysis: (1) Negotiate first and strive for a solution through negotiation; (2) Call for consultation and get help in protecting your rights: **:

12333 Judiciary**: 12348 Trade unions**: 12351 ; (3) Application for mediation If the unit has a labor dispute mediation committee, you can apply for mediation.

The Labor Dispute Mediation Committee is composed of employee representatives, employer representatives and trade union representatives.

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 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 44 In any of the following circumstances, the employer shall pay 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 employer shall pay the wages and remunerations of not less than 150% 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.

It is illegal not to sign an employment contract, and you can ask the employer to pay double wages for up to 11 months. In terms of evidence, it is sufficient to prove the employment relationship, such as salary slips, punch-in records, work information, colleague testimony, etc. Wages shall be paid in accordance with the contract, including basic salary, bonuses, allowances, commissions and other expenses.

It is illegal to pay wages in arrears or withholding, and you can demand full payment. More than 15 days after the salary payment date agreed in the contract is considered arrears. The company's wage arrears can be resolved in the following ways:

First of all, first go to the company leaders to negotiate and ask for the arrears of wages. If the company continues to default, ask the reason for the default, if it is because the company is temporarily unable to turnover, let the company issue an IOU at this time. Secondly, if the negotiation with the company fails, then the late chain will go to the local labor inspection department to complain, and let the labor inspection brigade deal with it, and the general problem can be solved here.

Legal basis: Labor Contract Law of the People's Republic of China Article 82 If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

You can first negotiate with the company's leaders and ask for the arrears of wages. If the negotiation with the company fails, then go to the local labor inspection brigade to complain, inform the person in charge of the company**, let the labor inspection brigade deal with it, and the general problem can be solved here.

According to the law, as long as the employer has engaged in employment and formed a Sino-Lu labor relationship with the employee, even if the employee has not signed the labor contract, the employee enjoys all the rights stipulated in the labor law, and the employer also bears various obligations under the labor law.

If the employer does not sign a labor contract, the employee may file a complaint with the labor inspection department, and once it is verified, the labor administrative department may order the employer to make corrections and may impose a fine.

If the employer deliberately delays the conclusion of the labor contract (including the failure to renew the labor contract in time after the expiration of the labor contract), resulting in the loss of wages, work-related injuries, medical treatment and other benefits, the employee shall be liable for compensation in accordance with the law, and shall also pay an additional compensation fee of 25%. The labor administrative department may also order the employer to pay compensation and impose administrative penalties.