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Wages are paid monthly, it is illegal to pay wages every other month, and it is illegal to pay wages this month next month.
Workers who are in arrears of wages, do not pay wages, or deduct wages can call 12333** to complain, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade.
If the company fails to pay the remuneration on time, the employee can apply for the termination of the labor contract and labor relationship, and demand economic compensation. The worker may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages. If the labor arbitration conclusion is refused, it may apply to the court for compulsory enforcement.
Article 85 of the Labor Contract Law: 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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There is no other way but to pick up the ** law in your hands. Evidence contracts are based on facts and the law is the criterion. Speak with the law, gather all the evidence, and go to arbitration to get your wages back.
There is no fee for arbitration. Admonish some bosses, those who know the times are junjie, don't make mistakes, migrant workers, abandon their families and businesses, and their wives and children are hot. His family must also eat and drink, his children must go to school, and he must have a conscience.
Why can you be the boss? It's because the policy is good and gives you the opportunity. Migrant workers work from morning to night, relying on their sweat, begging for food in your hands and supporting their families.
If you don't follow the law, the law is fair and you can't be lewd, and if you do it, it's exploitation. In a society governed by the rule of law.
It doesn't work, and it loses the protection of the law. You're going to go bankrupt, and the law protects the law.
The boss is in arrears of wages.
I always said that I would give it in a few days, but it turned out to be more than 5 months to wait. It fully shows that this boss has a very poor character and a bad conscience. For such a boss, we can no longer ask for it so kindly, and we must adopt a resolute and effective method as soon as possible. Labor inspections now.
Law enforcement is still very strong. If the boss is a normally registered corporate legal person, it is estimated that the intervention of the labor department will soon have an effect; If it is "three nos."
Small package foremen or guerrilla "black package workers", the labor department has nothing to do with them.
However, it is not excluded that the enterprise has encountered special circumstances, or due to production and operation.
difficulties, resulting in difficulties in capital turnover. If this is the case, the company should explain the situation to the employee and obtain the employee's consent to suspend the payment of wages. But your boss did not explain the situation, and if you delay it again and again, you will not pay, which is a deliberate default.
In this regard, you can negotiate and negotiate with the employer first, and urge the employer to pay the salary as soon as possible. If the negotiation fails, you can apply to the labor administrative department for arbitration of the dispute.
But my real experience and experience tell you, don't believe him, report and complain to the labor bureau earlier, my salary has been in arrears for two years, every time the boss has said that it will be paid in two days, and now half of it has not been paid, and it is still cheating, after the court sued him, he and the judge said that I did not owe so much, and raised a jurisdictional objection.
Do not be soft-hearted and listen to his promises. When I was working with him, he said that he would not owe me wages for selling his sons and daughters, and what was the result? It's really hard to put into words!
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If the arrears of wages can be resolved by the local labor department, and if the labor dispute is relatively large, the employee and the employer can apply for labor arbitration through the arbitration commission and resolve it through legal means.
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You can file a complaint with the Labor Office. Because it is illegal to be in arrears of wages. The Labor Bureau will definitely come back.
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If you encounter this kind of thing, you should call the police, because this matter can no longer be dealt with by yourself, and it can only be resolved through legal means.
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In this case, you can protect your rights and interests through legal means, after all, you can no longer solve it now, and only through legal means can you let the boss get the punishment he deserves.
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You can go to the local labor department to report the behavior of the boss, and those people will help you ask for money, and the implementation is very efficient.
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In this case, you can consult a lawyer, or you can go to the Human Resources and Social Security Bureau to file a complaint, anyway, such a company will not wait.
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First you have to get the relevant evidence and then file a lawsuit in court, because this is the most direct way and the most effective way.
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You should make it clear to the boss, and you have to ask the boss for wages every day, and if the boss doesn't pay, you can apply for labor arbitration.
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You can go to the relevant departments to sue him, or go directly to the legal process. In such a situation, you should not bow to the evil forces.
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Find time to make it clear to the boss, hoping that the boss can quickly pay him a salary, because his life is also very difficult, and the boss will definitely solve it.
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It's time to pay wages, but the boss has been in arrears, you can ask the reason for the arrears, if the company is really in trouble, you can understand the company's situation. However, if the boss has money but does not give it, he can directly report the situation to the labor department, and if he really can't do it, he will go to the judicial channel to solve the wage problem.
Many people choose to work in order to make money, so that they can maintain their daily expenses, and if the boss is in arrears, they need to understand the reason for their existence. After all, there are feelings in your own work, if it is really just a temporary difficulty, then wait until the company has passed this hurdle and then ask for your salary, if the boss deliberately does it, you need to be able to resist in time.
I believe that many people are very sad in the face of salary problems, and absolutely do not allow their wages to be in place, at this time, they can directly ask the boss to pay their wages. If the boss ignores it, he can go to the labor arbitration department to ask for help, and let the relevant department help him to ask for an explanation, and settle his salary on time, instead of doing nothing.
I believe that no one wants to go to court because of the salary issue, after all, it will lead to the company and themselves becoming opposites, and it will be impossible to continue to get along with each other in the future. The boss's behavior of arrears of wages is definitely wrong, and the other party can file a lawsuit if he has not paid, and punish the other party with the law **, his legitimate rights and interests should not be violated, and he should know how to protect himself.
I believe that the problem of wage arrears should depend on the situation, and if the boss does not pay wages, then legal measures should be taken to protect his legitimate rights and interests. As a law-abiding citizen, you must know how to use the law to protect yourself and not easily let your interests be damaged.
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Foreword: Every enterprise has a fixed payday, it is very common to pay on the 5th, 10th, and 15th of each month, and some companies are on the 20th, or even the 25th and 30th. If the time is fixed, the employee agrees that there is nothing wrong with paying the salary in the middle to late of the month.
But even if the payday is unstable and often delayed, then the employee will be very anxious, the work is very impetuous, and the absence will affect the efficiency and not be good for the company. However, in real life, wage arrears are a very common phenomenon, and there are generally fewer formal enterprises and more construction sites. If it's time to pay your salary, but your boss keeps defaulting, there are three ways for employees to do so:
1. Directly tell the boss to pay wages quickly.
When it comes to payday, the boss has been in arrears, and the company's turnover may really be in trouble, and the capital turnover cannot be realized, so there is no money to pay to employees. Employees can understand the boss within three to five days after the payday, but if the boss has promised and has been in arrears, then the employee does not have to be embarrassed, but directly go to the boss's office to find out the situation with the boss, so that the boss can pay the salary quickly. In this way, it is also possible to know whether the company can survive, and if the company shows signs of bankruptcy, then it is convenient for employees to switch jobs to other companies after receiving their salaries, so as to avoid delaying their future career development.
2. Strike. Some bosses are vicious, they feel that employees are easy to bully, so they squeeze employees without a bottom line, do not pay wages when they should be paid, and keep arrears, putting money in their own hands. Employees should not indulge the boss, but should strike en masse, so that the boss knows the seriousness of the wage arrears and the temper of the employees.
Because the strike hurt the interests of the boss, he had to pay his salary immediately.
3. Complain to the Labor Bureau.
Some bosses are thick-skinned, and employees communicate with him face-to-face, but he doesn't listen. Post him on the Internet, and he will act as if he is fine. Therefore, the employee should go directly to the labor bureau to complain to him and let him be punished, and he will get nervous.
In the process of complaining, the boss may also find other illegal phenomena, such as not signing a labor contract with the employee, not paying social security to the employee, then the employee can also get other compensation.
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It's time to pay your salary, but your boss has been in arrears, so you should be able to urge you and let your boss know that you're short of money. If the boss is still indifferent, you can be prepared to change jobs, because companies that don't pay wages on time are generally not good companies.
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You should ask your boss when he or she will be paid. If the boss does not help, he should also keep the evidence and go directly to the labor bureau to apply for arbitration.
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You can directly consult the boss, such a problem is very serious, you must protect your own rights and interests, you can sue the other party to the court if you can't solve it.
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I think the first thing is to deal with it through negotiation, during the negotiation process, tell the other party that you will pick up the law to protect your own interests when necessary, explain the stakes to the other party, and then look at his attitude, if it is still in arrears, then you can only conduct labor arbitration and go to the labor department to complain. <>
Although China is a humane society, the other party is embarrassed to owe you all the time, so why don't you protect your own interests? Besides, a skinny camel is bigger than a horse, and the amount of your salary should not be very huge, and for a boss, even if he is facing some difficulties temporarily, it should be completely bearable. So, in terms of favors, you can give him a little more time, but be sure to set a time limit.
Or, if the company has something that can be deducted from your salary, you can also try to negotiate repayment with items, such as a computer. <>
If the negotiation cannot be resolved, then you are ready to resolve it through legal means: (1) file a complaint with the local labor and social security inspectorate; (2) To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application must be submitted to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute; (3) Resolve through litigation. Pay attention to collect relevant evidence to prove it.
During this period, it is best not to resign, so that it is convenient for you to collect relevant evidence, and second, you can also get corresponding remuneration for your work during this period after passing legal channels, so as not to put yourself in the dilemma of having no job and no income. Of course, if you really can't stand it anymore and have to resign, you can terminate the labor relationship on the grounds that the company is in arrears of labor compensation, whether it is a termination letter to the company or a resignation report, you must state this reason.
In today's society, we have attached great importance to issues such as wage arrears, but we must strive for them through legitimate means. Don't act aggressively, but also know how to protect yourself.
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It is illegal to be in arrears of wages for 5 months.
Article 50 of the Labour Law stipulates that wages shall be paid to the worker himself on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed.
Article 91 stipulates that if an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, 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) Refusal to pay wages and remuneration for extended working hours;
3) Paying wages to workers lower than the local minimum wage standard;
4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.
Legal basis: Article 50 of the Labor Law.
Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Article 91.
If an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, 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) Refusal to pay wages and remuneration for extended working hours;
3) Paying wages to workers lower than the local minimum wage standard;
4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.
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