In the event of a labor dispute, what should I do if the employer conceals the employee s income in

To collect evidence, you can apply to the labor dispute arbitration commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Article 77 of the Labor Law In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law.

The principles of conciliation apply to both arbitration and litigation proceedings.

Article 79 After a labor dispute arises, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Article 82 The party requesting arbitration shall submit a written application to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute. The arbitral award shall normally be rendered within 60 days of receipt of the Request for Arbitration. If there is no objection to the arbitral award, the parties must perform it.

Article 83 Where a party to a labor dispute is dissatisfied with an arbitral award, it may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. If one party does not file a lawsuit and fails to perform the arbitral award within the statutory time limit, the other party may apply for compulsory enforcement.

1. You can apply for preservation in litigation.

2. During the implementation, provide the Executive Board with clues for the implementation of the talent and property for the Executive Directorate to implement.

If the employer unilaterally forcibly terminates the contract, you can request the employer to pay double the severance for illegally terminating the labor contract, that is, compensation for two months' wages for one year of work. The legal basis is Articles 48 and 87 of the Labor Contract Law.

If there is a job agreement in your labor contract, if the employer wants to transfer your position, it must obtain your consent, otherwise it will be regarded as a breach of contract, and you can apply for labor dispute arbitration to resolve it;

You can claim severance based on 15 months' salary, and if the employer is suspected of illegally terminating the employment contract, you can choose to claim double the severance rate.

1. If the employer is not insured, you can ask the employer to pay the social security fee for you from the date of employment to the date of resignation.

2. If you have not signed a labor contract for more than one year, according to the provisions of the Labor Contract Law, you can claim double wages from the date of work to the day before the expiration of one year, that is, you can ask the employer to pay you another 11 months' wages.

3. You can ask the employer to pay the arrears of wages for more than one month as soon as possible, and you can ask the employer to pay 25% of the arrears of wages as economic compensation.

4. How did you leave the company? Was the company fired or laid off? Without specifying the specifics, it is impossible to know whether the employer should pay severance payment, if so, it is severance payment for two months' salary.

If the employer has terminated the labor relationship illegally, it shall pay compensation, that is, 4 months' salary.

No time, no specifics, how.

In 08, there was no contract to double the salary.

There is one month's salary for the annual severance payment, and there is also one month's salary for the severance payment before 08, and your severance payment adds up to two months' salary.

2.Pay the wages owed to you.

Summary: Since you are applying for payment of unpaid wages, there is no such thing as severance payment, and only if the company dismisses you will have severance payment.

If the company dismisses the employee without legal reasons, it is illegal to terminate the labor contract, and the company shall pay 2 months' salary as compensation for each year of service. The salary standard is calculated based on the average salary of the employee in the 12 months prior to the termination of employment, which is the average of all wages.

If the company has illegal reasons such as arrears of wages or deduction of wages, or unilateral transfer of your position or reduction of your salary, you can be forced to resign or indeed have difficulties in production and operation to terminate the company, and there is compensation, and one month's salary will be compensated for each year of work.

If the company has less or no overtime wages, you can be forced to resign or indeed have difficulties in production and operation, etc., and you will be compensated, and you will be compensated for one month's salary for each year of work.

If the company does not provide working conditions and transfers in disguise, you can also be forced to resign and ask the company to pay you one month's salary for every year you work.

At the same time, you can ask the company to settle the full salary.

If the company negotiates with you to terminate the employment contract, you shall pay one month's salary for each year of service as compensation.

If an employee voluntarily resigns, there is no severance payment, regardless of how many years of service or employment contract they have signed. The Labor Contract Law stipulates that for the payment of severance payments, one month's salary shall be compensated for each year of service, and if it is less than one year for six months, it shall be counted as one year, and if it is less than six months, half a month's salary shall be compensated.

is the average of all wages over the past 12 months. The standard of compensation for unlawful termination is twice the standard of economic compensation.

In the following circumstances, the company's termination is legal and no compensation is required.

1. During the probationary period, it is proved that they do not meet the employment conditions;

2. Seriously violating the rules and regulations of the employer;

3. Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4. The worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer;

5. The labor contract is invalid;

6. Being pursued for criminal responsibility in accordance with law.

The compensation is calculated based on the employee's working years, and if he or she has worked for more than two years, he or she can apply for labor arbitration as soon as possible to request the employer to make up the economic compensation.

It depends on the number of years the employee has worked for the company. If you are dismissed without any reason and you have signed a labor contract, you should be paid one month's salary according to the actual working years of one year, and one year for half a year and less than one year, and double the standard compensation for one month's salary for less than half a year. If you do not give 30 days' notice, you will be required to pay an extra month's salary as compensation.

The salary here is the average salary for the last 12 months.

Liaoning Guanwei Law Firm is at your service!

Hello, the answer to the question posed is:

First, it should be seen whether the long vacation is legal. If the employer does stop production due to work and production (non-labor reasons), the employer can take a holiday, pay full wages in the first wage cycle (the first month), and pay living expenses in a certain proportion of the minimum wage in the second month until the resumption of work. If the employer is taking a holiday without reason (from the above circumstances, this judgment should be made), it is illegal to deduct wages in disguised form through the holiday, and to achieve the purpose of not paying economic compensation, and the employer can be required to make up all the wages that should be paid.

Clause. 2. The employee may request the termination of the labor contract and the payment of severance due to the deduction of wages by the employer, and the calculation base of the severance shall include the wages due.

If necessary, you can contact me again for consultation.

Netizen: Hello!

1. You have worked in the company for 5-10 years, have you signed a "labor contract" with the company? If you don't sign the "Labor Contract", your company is breaking the law! You can ask the company to compensate you double your wages according to the Labor Contract Law.

2. Do you have holidays at work? If you have no holidays and are still recruiting new employees, do you want to ask why?

3. Whether you have violated the provisions of the company's system or the provisions of the Labor Contract, if not, you can apply for arbitration at the Labor Arbitration Center and claim compensation for the usual wage subsidy.

3. There is no reason for you to stop work and without pay, the company violates the "Labor Contract Law"! You can claim compensation from the company based on the number of years of service, one year plus one month's salary, calculated in annual increments.

For more information, please consult the Labor Arbitration Center!

I hope my reply is helpful to you!

Interim Provisions on Payment of Wages.

Article 12 Where the employer suspends work or production within one wage payment cycle due to reasons not attributable to the employee, the employer shall pay the wages of the employee according to the standard stipulated in the labor contract. If the wage payment cycle exceeds one period, if the worker provides normal work, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard; If the worker fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.

Go to the company to do a good job of attendance, and at the same time go to the labor inspection brigade to complain, ask the company to pay your original salary, and at the same time prepare evidence to apply for labor arbitration

Labor Contract Law

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. 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.

If you get it, you will be unemployed, this is an inevitable thing, be mentally prepared!

It is recommended that several of your employees who have been suspended from work go to the local labor department to complain and ask the employer to provide labor and pay wages.

Borrow: The cost or expense corresponding to the employee (production cost, manufacturing expense, administrative expense, operating expenses).

Credit: Cash.

As long as the employee has evidence to prove that he or she was dismissed by the employer, the arbitration commission will award the employer to pay the employee compensation when applying for arbitration.

1. How to apply for labor arbitration:

1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).

2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If we are not satisfied with the ruling, we can sue the court;

3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.

Employees who are dismissed will receive severance payments.

1) Statement of Appeal. The complainant shall, in accordance with the provisions, truthfully and accurately fill in the Statement of Claim, which shall be submitted in triplicate, two copies of which shall be submitted to the arbitration commission by the complainant himself or his authorized person, and one copy shall be retained by the complainant;

2) Proof of identity. If the complainant is a worker, submit the original and copy of his identity certificate: if the complainant is an employer, submit a copy and copy of the business license of the employer, the identity certificate of the legal representative of the unit, the identity certificate of the entrusted person, the power of attorney, etc.;

3) Relevant materials that can prove the existence of an employment relationship with the respondent, such as labor contracts (employment contracts or agreements), notices of rescission or termination of contracts, pay slips (receipts), social insurance payment certificates, and other materials and photocopies;

4) When the complainant applies for labor arbitration, if the arbitration commission requires the complainant to submit relevant materials that can prove the identity of the respondent according to the needs of case filing and review, the complainant shall submit them. If the respondent is an employer, it shall submit proof of its industrial and commercial registration (including the name of the unit, legal representative, place of residence, place of business, etc.); If the respondent is a worker, the respondent shall submit the location of his household registration, the address of his current place of residence, and his contact information.

Good Lawyer Network Reference.