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Hello, it is recommended that you apply for labor arbitration directly! According to Article 7 of the Interim Regulations on the Payment of Wages, wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day.
Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.
In your case, the unit has been seriously illegal, and you can base it on:
1. Article 38 of the Labor Contract Law provides that if an employee unilaterally terminates a labor contract, the employer may unilaterally terminate the labor contract under any of the following circumstances, and the employee fails to pay the labor remuneration in full and in a timely manner.
2. Article 47 of the Labor Contract Law on the Calculation of Economic Compensation The economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the employer. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.
The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.
Since the employer is in arrears of wages first, if you want to get your wages back and leave your job at the same time, it is recommended that you directly apply for labor arbitration to terminate the labor relationship with the employer, so that you can get economic compensation in addition to the wages from December last year to June this year. At the same time, you should note that the financial compensation is calculated on the basis of the average salary of the 12 months prior to the termination of employment, not on the basis of your monthly salary, and if you have worked for less than 1 year, it is calculated on the basis of the average salary of the month in which you actually worked.
Wages are our living security, if there is no salary, who is willing to buy a life to do, wages are in arrears, it is better to get it back as soon as possible. If the company runs away, it is really difficult to say that the money will be returned.
Hope mine is helpful to you.
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Go to the labor arbitration court and apply to the court to enforce the company's wages.
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Revealing your salary to a colleague can cause a series of problems and unnecessary troubles. Here are some of the possible consequences:
1.Unfavorable Labor Relations: If wages are exposed, it can lead to discordant labor relations. Some co-workers may feel resentful or jealous, which may turn into misrepresentation at work or personal attacks.
2.Salary retaliation: If you disclose your salary to a colleague, it will create a perception of "inequality" in other colleagues. This inequality often leads to a series of salary negotiations and disputes, which may affect the interests of both parties.
3.Influencing Cheating Relationships: Revealing wages at work may affect work relationships between colleagues, leading to a decrease in productivity, or inappropriate work schedules, so it's important to maintain a normal working relationship with your colleagues.
If a colleague asks about their salary, what should be done. Here are a few things to consider before asking a question about renting a head:
1.Rejection: There is a certain risk in revealing your salary to other colleagues, so you can reject the question, or ask the question in an uncertain way, to avoid potential problems.
2.Dealing with disparities: Discrepancies are often one of the root causes of salary disputes. When discussing your own salary with your colleagues, you should recognize that the difference in employee compensation is reasonable and often related to factors such as job responsibilities, experience, and skills.
3.Stay calm: If a colleague suddenly asks about a person's salary, stay calm and ask the question in a polite and gentle manner.
4.Seek help from your boss: If you don't want to disclose your salary, but your colleagues have to ask, it is recommended to get the consent of your superiors to avoid unnecessary problems and troubles.
In general, in order to avoid unnecessary troubles in the workplace, it is best to maintain the principle of not disclosing personal salaries. If you are inevitably asked, you should remain calm and cautious to avoid triggering unnecessary questions.
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Summary. Hello, the Labor Bureau can solve the problem of workers' wages.
Hello, the Labor Bureau can solve the problem of workers' wages.
If the employer fails to pay wages within the time limit, the labor administration department shall order the employer to pay the labor remuneration, overtime pay or economic compensation within a time limit. If the remuneration is lower than the local minimum wage, the difference should be paid. If the employer fails to pay the wages when due, the employer shall be ordered to pay the employee an additional compensation of 1 percent or more of the amount payable.
Legal basis: Article 80 of the Labor Contract Law of the People's Republic of China (1) If the rules and regulations of the employer directly involving the vital interests of the employee violate the provisions of laws and regulations, the labor administrative department shall order it to make corrections and give a warning; (2) If a worker is damaged or not, he shall be liable for compensation.
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As long as the worker proves that there is an employment relationship, insists on submitting and signing the wage schedule, the wage schedule should be supported by the company within two years. The company refused to provide evidence of the bending height. According to the provisions of evidence in civil litigation, the company refused to provide evidence, buried the world and directly determined the wage standard based on the reasonable claims of the workers.
However, if the company pays a considerable amount of wages by bank card, and the worker claims that in addition to the bank card payment, a considerable amount is paid in cash, the worker should provide evidence, otherwise the wage rate should be determined directly on the basis of the salary paid by the bank card.
Article 6 of the Labor Dispute Mediation and Arbitration Law provides that in the event of a labor dispute, the parties have the responsibility to provide evidence for their own claims. If the evidence related to the disputed matter is in the possession and management of the employer, the employer shall provide it; If the employer does not provide it, it shall bear the adverse consequences.
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As long as the employee provides evidence to prove that there is an employment relationship and insists on submitting and signing the wage schedule, the wage schedule shall be presented by the company within two years. The company's refusal to provide evidence constitutes a refusal to provide evidence in accordance with the rules of evidence in civil litigation and directly determines the wage standard based on the employee's reasonable claims. However, if the company has paid a considerable amount of wages through a bank card, and the employee claims that in addition to the bank card, a considerable amount of money has been paid in cash, the employee shall provide evidence, otherwise the wage standard shall be determined directly according to the salary paid by the bank card.
Legal basisArticle 85 of the Labor Contract Law.
If the employer fails to pay the remuneration of the employee in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state, the labor administrative department shall order the employer to pay the remuneration within a time limit; If the employer pays the employee's wages lower than the local minimum wage standard, it shall pay the difference in the period; If the employer fails to pay within the time limit, the employer shall be ordered to pay compensation to the employee at the rate of more than 50% and less than 100% of the amount payable.
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Summary. Hello, do you know that the problem of salary can be solvedAnswer: Hello, the problem of salary can be solved. There are two ways to solve the problem. Clause.
1. Initiate litigation in the people's court. Clause.
2. Apply for labor arbitration at the local labor bureau.
Hello, do you know that the problem of salary can be solved.
Hello, do you know that the problem of salary can be solved by the former stupid factionAnswer: Hello, the problem of salary can be solved. There are two ways to solve Huihe's blindness. Clause.
1. Initiate litigation in the people's court. Clause.
2. Apply for labor arbitration at the local labor bureau.
Labor disputes can be applied to the local labor administrative department for labor arbitration, or a civil lawsuit can be filed with the court, and the court judgment can be directly enforced. 1. The easiest way is to complain to the local labor law enforcement inspection brigade, and they will supervise and inspect the employer and order it to pay the arrears of wages. 2. 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.
3. Zhi Yushen receives an application for labor arbitration from the local labor administrative department (no fees, no lawyer), and claims from the unit through the award issued by the labor arbitration, and if it does not pay compensation, it can apply to the court for enforcement. 4. If the labor arbitration is not accepted or the arbitration is unfair, a civil lawsuit can be filed with the court within 15 days and directly executed through the court judgment. 5. At the same time as the demolition of the ante that claims wages according to the above channels, the unit is required to pay you additional compensation according to the standard of 50% to 100% of the amount payable.
Hello, if you still have relevant inquiries, you can find me within two hours, and I will answer you as soon as possible. After the consultation, I hope that Pi Haoqin can give me a thumbs up (click on the lower left corner to evaluate). If you or your family and friends encounter various problems in their future lives, click on my avatar for a one-on-one consultation, and I will answer you as soon as possible.
Have a great day!
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