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Yu Wenlong, an expert in making money and creating wealth empty-handed, believes that the contract has not been signed, the project is halfway, and the boss wants to take back his own money. If there is a problem with such a boss pattern, if you have a better business in the future, he will also exclude you, so it is better to leave early. Of course, since he wants to recoup, you can ask him to compensate you for the upfront investment.
Yu Wenlong, an expert in making money and creating wealth empty-handed, believes that it is best to check the relevant information by yourself, because it is always fake on the Internet, and if you encounter someone who does not know how to pretend to understand, and answers casually, it is simply fake or deceitful, and it will directly mislead you, and even mislead you.
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The only way you can deal with this situation is through labor arbitration.
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There is no way to do this, and you don't even sign a contract to do the project? That's probably the only way you can do that. The project can only be handed over to others. The chances of winning a lawsuit are slim.
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What you have not signed is only a written contract, you have constituted a de facto contractual relationship, and the other party is in breach of contract, and you have the right to require the other party to continue to perform the contract or compensate for the loss of breach of contract. Now it's important to gather evidence to prove the work between you. This will allow the court to uphold your claim.
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Legal analysis: If the construction site does not sign a contract to complete the project without giving money, it is best for the parties to file a lawsuit with the court in accordance with the law, and at the same time provide a guarantee to freeze the property of the trillion party, so as to avoid the transfer of property dregs and hail.
Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China must meet the following conditions:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
2) There is a clear defendant;
3) There are specific litigation claims, facts, and reasons;
4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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You have not signed a contract, and now that the project is completed, but the boss does not give money, you can only take the way of suing, although there is no contract, but there is also a de facto labor relationship, you can keep the evidence, and then sue the boss.
In daily life, we will find that after work, the company sometimes delays the payment of wages, perhaps because of the real difficult period, but if the company has not paid the wages for a long time, what should we do as a worker, how can we get our wages back?
The phenomenon of the company's postponement of wages is a phenomenon in every enterprise, as an employee should understand the company's temporary difficulties, but if the company has no difficulties and deliberately defaults on wages, and it is a long-term and repeated arrears of employees' wages, the employee can communicate with the company and request the company to pay wages in a timely manner, and if the company still does not pay wages, it can apply for labor arbitration to resolve.
First, first of all, is it legal for the enterprise to delay the payment of wages?
1. If an enterprise is affected by difficulties in production and operation and capital turnover, it may temporarily postpone the payment of workers' wages after obtaining the consent of the trade union of the unit, and the maximum limit of the extension period may be determined by the labor administrative departments of all provinces, autonomous regions and municipalities directly under the Central Government according to the local conditions.
2. According to Article 4 of the Supplementary Provisions on Issues Concerning the Interim Provisions on the Payment of Wages issued by the former Ministry of Labor and Social Security, an enterprise may temporarily postpone the payment of wages to its workers after obtaining the consent of the trade union of the enterprise due to difficulties in production and operation and the impact of capital turnover, and the maximum limit of the extension period may be determined by the labor administrative departments of all provinces, autonomous regions and municipalities directly under the Central Government in accordance with the local conditions.
2. What should the employee do if the enterprise delays the payment of wages and has violated the law?
1. If the enterprise fails to pay wages to the employee in a timely manner, including the failure to pay the wages, overtime wages and other labor remuneration agreed in the labor contract in a timely manner, the employee may unilaterally terminate the labor contract in accordance with the law and require the enterprise to pay economic compensation, while the employer is still obliged to pay the difference in wages.
2. If the enterprise fails to pay the labor remuneration of the employee in accordance with the labor contract, or if the enterprise pays the labor salary of the employee below the local minimum wage standard, the employee will bear the following legal consequences, that is, the worker may request the relevant department to stipulate the following contents of the enterprise:
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If you can prove that you did the project, you will definitely get the money, the question is how much you can get. It is recommended that the relevant supporting materials (agreements, certifiers, introducers, intermediaries, material purchases, material arrivals, receipts, delivery lists, etc.) have been collected, and the negotiation can only be litigated.
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Go to the labor arbitration commission to apply. However, you need to do a few things: 1. Prove the existence of a de facto employment relationship; 2. Proof of working hours, wages, and the amount of wages in arrears.
There must be evidence, such as things, video recordings, witness testimony, and so on. Good luck!
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What will make you go to work without signing a contract should be an acquaintance, so you can only solve the problem through acquaintances.
Otherwise, you can only go to court. Gather all the evidence of your spending.
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1. After the completion of the project, the arrears of the project payment are arrears disputes, and if they can be resolved through negotiation, they will be negotiated, and if they can't, they will be resolved by litigation. 2. If the lawsuit is settled, the first thing to see is whether you have signed a subcontract with the employer and the subcontractor, whether there is an agreement on the specific project payment, and if so, it will be handled according to the contract dispute and sued the court.
1. After the completion of the project, the arrears of the project payment are arrears disputes, and if they can be resolved through negotiation, they will be negotiated, and if they can't, they will be resolved by litigation.
2. If the lawsuit is settled, the first thing to see is whether you have signed a subcontract with the employer and the subcontractor, whether there is an agreement on the specific project payment, and if so, it will be handled according to the contract dispute and sued the court.
3. If the contract has not been signed, and the project payment has not been settled, then you first need to collect evidence that the project was done by you, and then sue the court to apply for the project to be evaluated, and the project price shall prevail.
4. Of course, the lawsuit should still be based on getting money, not a judgment, so you need to collect clues about your family's property, and when you file a lawsuit with the court, you will also apply for property preservation.
Article 119 of the Civil Procedure Law of the People's Republic of China The following conditions must be met for prosecution:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
2) There is a clear defendant;
3) There are specific litigation claims, facts, and reasons;
4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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Legal analysis: If the construction site does not sign a contract and does not pay for the completion of the project, it is best for the parties to file a lawsuit with the court in accordance with the law, and at the same time provide a guarantee to freeze the property of the other party to avoid the transfer of property.
Legal basis: Civil Procedure Law of the People's Republic of China Article 100 with 19 Prosecution must meet the following conditions
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
2) There is a clear defendant;
3) There are specific litigation claims, facts, and reasons;
4) It is within the scope of civil litigation accepted by the People's Court and the jurisdiction of the people's court receiving the lawsuit.
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Summary. If you can show evidence that he still owes you money, then you can go to court to sue.
I did a small project and didn't sign a contract at that time, what should I do if the other party doesn't pay me after finishing it.
If you can show evidence that he still owes you money, then you can go to court to sue.
That's not enough. Do you have any other evidence?
workers, as well as ** proof that the equipment workers are on site.
Manage chat history on site.
Party A's group message.
Well, you can now prove that the other party owes you money, but you also have to find a way to prove how much the other party owes you!
The amount is difficult to determine.
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In the case of such violations by the employer, it is advisable to file a complaint with the labor inspection department. The complaint ** is 12333. Employees who have not signed an employment contract are first required to prepare the following evidence to prove the existence of the employment relationship:
1) Bank transfer records of previously stamped pay slips and pay stubs. (2) Written proof of wage arrears. (3) Witness testimony from colleagues.
4) Social burial insurance payment records. (5) Badges, access cards, work permits, tooling, work cards, etc.
Legal Analysis:1Medical Expenses:
Lost time pay is determined based on the victim's lost time pay and income. 3.Nursing Fee:
The cost of nursing care is determined based on the income status of the caregiver, the number of caregivers, and the duration of the care. 4.Transportation Expenses:
Transportation expenses are calculated based on the actual expenses incurred by the victim and his/her accompanying persons for medical treatment or transfer**. 5.Hospitalization meal subsidy:
The hospital meal allowance can be determined with reference to the food allowance standard for general staff of local state organs on business trips. Xiang Zhi 6Nutrition Fee:
The cost of nutrition is determined on the basis of the victim's disability and the opinion of the medical institution. 7.Disability Compensation:
Disability compensation is calculated on the basis of the degree or level of disability of the victim, and on the basis of the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed, for 20 years from the date of disability. However, if the age is over 60 years old, the age shall be reduced by one year for each full year; 5 years for those over 75 years old.
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Then you can go to the local labor and lead department to complain, the salary should be settled every month, and it is definitely illegal to do it for so long now, but you have to have evidence.
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Evidence of going to work can be reported to the labor department.
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Legal analysis: In the event of a dispute over arrears of project payment, there are several solutions: 1. Settlement through negotiation.
The construction unit and the employer shall negotiate the payment of the project payment, and the dispute over the arrears of the project payment can be resolved after reaching an agreement. However, in real life, it is generally difficult to negotiate, because if the employer will pay for the project in accordance with the contract, it will not wait for the negotiation to be resolved. 2. Litigation.
Litigation is a more effective way to resolve disputes after they occur, because the judgment of the court is legally binding on the parties, and after the judgment takes effect, if the parties fail to perform their payment obligations, the other party may apply to the court for compulsory enforcement.
Legal basis: "Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases of Disputes over Disorderly Construction Contracts for Construction Projects" Article 17 If the parties have agreed on the standard for calculating and paying interest on the unpaid project price, it shall be handled in accordance with the agreement; If there is no agreement, the interest shall be calculated according to the interest rate of the same type of loan issued by the People's Bank of China for the same period. and Article 18, "Interest shall be accrued from the date on which the price of the works is payable."
If the parties have not agreed on the time of payment or the agreement is unclear, the following times shall be deemed to be the time of payment: (1) if the construction project has been actually delivered, it shall be the date of delivery; (B) the construction project is not delivered, for the date of submission of the completion of the settlement documents; (3) If the construction project has not been delivered and the project price has not been settled, it shall be the date on which the parties file a lawsuit.
You can apply for labor arbitration at the Labor Dispute Arbitration Commission. The unit is required to pay double wages for 11 months x 4,000 yuan without signing a labor contract. In addition, if the employee does not violate the rules and regulations of the employer, if the employer terminates the labor contract, it is an illegal termination of the labor contract, and double compensation shall be paid, and 13 months shall be one and a half years, so you shall be given economic compensation for 3 months' salary. >>>More
If you have not signed a labor contract, the employer shall pay you double your salary, make up social insurance, and pay economic compensation for the termination of the labor relationship (see Article 1 of the Labor Contract Law and Article 1 of the Regulations for the Implementation of the Labor Contract Law for details). The key point is evidence, which requires evidence that you have an employment relationship with the employer. As for the amount of time worked, the principle of "reversal of the burden of proof" can be used, and it will be issued by the employer at the time of arbitration or litigation, because everyone who works in a place should fill out an entry form. >>>More
If you do not sign a labor contract, the employer shall pay you double your salary, make up social security and pay economic compensation from the second month. The key point is evidence, which requires evidence that you have an employment relationship with the employer. As for the amount of time worked, the principle of "reversal of the burden of proof" can be used, and it will be issued by the employer at the time of arbitration or litigation, because everyone who works in a place should fill out an entry form. >>>More
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.
Now I have a dispute with the employer over the amount of monthly wages for severance compensation, and the employer believes that the contract stipulates that 20,000 yuan is a pre-tax salary. How can you tell? Answer: >>>More