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You leave your job, but the boss doesn't settle your salary, and you block the boss's car to ask for wages, which is not illegal, but since you are asking for wages, it is recommended to go to the labor bureau to apply for labor arbitration, or go to the court to sue.
Ask for a salary, and do it.
At work, have you ever encountered a situation where your boss did not pay your salary? How do you solve this situation? Perhaps many people do not know what to do when they encounter such a situation, how to get their wages back.
Next, let's tell you the solution to the boss's non-payroll.
1. Wage arrears without reason.
Article 50 of the Labour Law stipulates that "wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
The term "unjustified arrears" here should be understood to mean that the employer deliberately fails to pay the employee's wages within the specified time without justifiable reasons. The Ministry of Labor's "Supplementary Provisions on Issues Concerning the Interim Provisions on the Payment of Wages" has made an exclusionary provision for "unjustified": "unjustified" wages of workers do not include:
1) The employer is unable to pay wages on time due to natural disasters, wars and other reasons that are not resisted by human resources;
2) The employer is affected by production and operation difficulties and capital turnover;
After obtaining the consent of the labor union of the unit, the wages of the workers may be temporarily overdue, and the maximum limit of the extension period may be determined by the labor and social security administrative departments of each province, autonomous region or municipality directly under the Central Government in accordance with the local situation. In all other cases, unjustified arrears of wages are non-refundable.
Second, the solution.
1. For this kind of illegal behavior, the easiest way is to complain to the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the "Labor and Social Security Supervision Regulations" in accordance with the law, and order it to pay the arrears of wages.
2. In accordance with the provisions of Article 30 of the Labor Contract Law, if the employer is in arrears or fails to pay the labor remuneration in full, the employee 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. The most effective is to apply for labor arbitration directly to the local labor administrative department (no fees, no lawyer), and claim compensation from the unit through the award issued by labor arbitration, and if it is not compensated, it can be applied 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. While claiming wages in the above ways, you can also request the employer to pay you additional compensation according to the standard of 50% to 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law.
First of all, it is certain that it is illegal for the boss not to pay wages, and at this time, employees can protect their rights and interests through some legal channels, such as complaining to the labor inspection department, applying for labor arbitration, filing labor lawsuits, etc. No matter what means are used to ask for wages, all employees must not act impulsively.
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In this case, the boss does not give money, and there is no explanation. It's not illegal to block the boss's car!
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It's all against the law!
It is illegal for the boss not to pay the salary, and you can settle it through labor arbitration, or you can sue the local court to get your wages back.
But it is also illegal for you to detain other people's belongings.
You can't use illegal means to solve the problem because others have violated the law first, otherwise you won't get your salary, and you will break the law for this.
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If the boss doesn't pay him and you detain his car, this is a violation of this law to a certain extent, and you should not do this.
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Hello, it's illegal. The following specific remedies can be selected to solve the wage problem according to the employment facts formed by oneself: 1. If you work for the employer, there are two ways to demand the payment of wages:
1. You can complain to the labor inspection of the local labor bureau; Pros: Simple way. Cons:
Enforcement may not be very strong in various places; 2. You can apply for arbitration at the local labor bureau and demand payment of wages. If you do not have an employment contract, you can also demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.
Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.
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The boss didn't pay the salary, and we detained his car, is it illegal, should it be illegal. We should look at it that way. Although he does not deduct wages from wages. We should use the law to protect ourselves, we can't use this means. This is the most unwise method.
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The boss doesn't pay us and it's illegal for us to impound the car.
It is an illegal act for the boss not to pay his salary, but it is also an illegal act for you to detain his car, and you do not have the right to detain his car.
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If your boss doesn't give you a salary, you can get this boss to pay you back through legal means, and a lawsuit is the most effective way, so it is also illegal for you to detain his car when you encounter this kind of unscrupulous boss, so you don't let yourself be justified and become unreasonable.
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If the boss doesn't pay you a salary, and you detain his car, this is a civil dispute, and generally not an illegal act, but if it's just because your wages are deducted, you can protect your rights and interests through this labor law, and don't do something that puts yourself in history.
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The boss can't afford to lose, so he deducts the wages of the workers, so the boss doesn't pay the wages. You detained his car, which is a bad practice. It should be solved through legal means, and something illegal cannot be done.
I think it's all inappropriate and illegal.
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It is illegal for the boss not to pay his salary, but it is also illegal for you to detain his car, so you need to go to the relevant department to sue him for not paying your salary, and then the court will detain his property, freeze his property, and then convert his property to pay you wages.
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Although you detained the boss's car for a reason, it is also illegal, and then you will not be paid, you can go to the labor arbitration commission to sue him, and the seizure of the boss's car is a private seizure of personal property, which is illegal.
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The boss does not pay wages, and you detain his car, in fact, it is illegal, first of all, the boss does not pay wages, you can protect your rights and interests through formal channels, if you mean that he is riding a bicycle is already an illegal and criminal act.
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Hello! This practice is illegal, and for wage arrears, you can file a complaint with the local labor inspection department, or you can file a lawsuit directly with the local people's court.
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Of course, it is illegal, although the boss did not pay you, but it is illegal for you to detain his car, because you can go to the labor bureau to find it if you detain other people's property without paying your salary.
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The boss doesn't pay his salary, and you detain his car, of course, it's illegal. Although the boss does not pay him, it is his fault, he violates the law. But you impounded his car, of course, it was also illegal.
So the boss doesn't pay a salary. You can respond directly to the local trade union or labor department.
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Although the boss didn't pay you, it was definitely not legal to detain your car. You should solve it through the right way. You can file a complaint with your local labor arbitration commission.
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If the boss doesn't pay the salary, you detain his car, which seems reasonable but not legal, and you don't give it.
You can go to the labor office to apply for wages.
Arbitration or court litigation will do, but.
There is no right to seize his private property.
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You have deducted your salary, and his car is also illegal, but it is also a way to do it, you ask him to pay you his salary, and then return the car to him, but if he wants to sue you, you are still illegal.
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If the boss does not pay the salary, then you detain his car, if you do not pay the salary, then if you protect your relevant rights and interests, you must pass labor sanctions, and then explain these relevant certificates, you should still be able to recover your wages.
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According to the employment facts formed by oneself, the following specific remedies are selected to solve the wage problem:
1. If you work for an employer, there are two ways to ask for wages:
2. If it is a job for an individual, it is not considered an employment relationship, and you can directly go to the court to sue the individual boss and demand payment of labor remuneration.
If the employer defaults on wages without reason, the employee may file a complaint with the local labor inspection department or apply for labor arbitration.
1) Withholding or defaulting on the wages of workers without reason;
2) Refusal to pay wages for extended working hours;
3) Paying wages to workers at a rate lower than the local minimum wage.
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The boss didn't pay his salary, and deducted his car, of course, it was also illegal, but it was also willing, after all, he didn't give you your salary. It's best not to overdo it, and stop in moderation. I hope to adopt.
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If the boss does not pay his salary, and you detain his car, it is an illegal act, and you can apply to the local labor department for arbitration.
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The solution to the resignation of the boss who does not pay the salary is as follows:
1. The two parties negotiate and settle the matter on their own, and the parties negotiate and reach an agreement on a voluntary basis;
2. In the mediation procedure, if the two parties are unwilling to negotiate on their own or fail to reach an agreement, the two parties may voluntarily apply for mediation by the enterprise mediation committee and consciously perform the agreement reached through mediation. If the mediation fails, the applicant may apply for arbitration. The parties may also apply directly for arbitration;
3. Complaints: When the rights and interests of the worker are infringed by the employer or illegal employment intermediary agency, etc., the worker may file a complaint with the labor security supervision agency.
Article 30 of the Labor Contract Law of the People's Republic of China.
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 delays the payment of 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 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.
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It is illegal for the boss not to pay wages and deduct the car. If the boss refuses to pay the wages, the worker may report to the labor administrative department, which shall order the payment within a time limit; If the sedan car is not sold within the time limit and is not paid, 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.
Article 85 of the Labor Contract Law of the People's Republic of China If an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage rebate standard, the difference shall be paid; If the employer fails to pay the employee 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 employee's labor remuneration 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 lower than the local minimum wage standard; (3) Arrange 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.
You can apply for labor arbitration.
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