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Anonymous users2024-02-12Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China: (1) disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;
According to what you said, the labor arbitration commission only accepts the issue of unpaid wages, and the loss of invoices does not fall within the scope of arbitration.
Lawyer Du Xueguang.
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Anonymous users2024-02-11What you are talking about are two issues: first, regarding your girlfriend's salary, the employer has no right to default on or deduct your girlfriend's salary, and this issue belongs to the scope of labor disputes, and you can file a complaint with the labor inspection brigade or file an arbitration application. The second issue is the loss of the tax invoice of the employer, and your girlfriend is the defendant, and the employer cannot deduct your girlfriend's salary on this basis.
Lawyer Wang Bo.
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Anonymous users2024-02-10Vote to the Labor Inspectorate. Litigation or application for labor arbitration.
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Anonymous users2024-02-09Go to the police station for civil disputes.
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Anonymous users2024-02-08Whatever you lose should not be tied to your salary to solve the problem, these should be two different things. How can it be left alone if wages are not paid to labor arbitration? If it is your girlfriend's responsibility, it is to deduct wages instead of arrears, and you should know what the reason is to solve the problem.
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Anonymous users2024-02-07Legal analysis: You can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request payment of wages. If you do not have an employment contract, you can 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.
Legal basis: 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 the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner. 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.
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Anonymous users2024-02-06In 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 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;
Article 5 of the Labor Dispute Mediation and Arbitration Law In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If the person is dissatisfied with the arbitral award, he or she may file a lawsuit with the People's Court of the People's Law, except as otherwise provided in this Law.
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Anonymous users2024-02-05Wage arrears are labor disputes. The following disputes are labor disputes: disputes arising from labor remuneration, work-related injury medical expenses, economic compensation or compensation, etc.; disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection; disputes arising from removal, dismissal, resignation or resignation; Other.
[Legal basis].Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.
This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:
1) Disputes arising from the confirmation of labor relations;
(2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts;
(3) Disputes arising from removal, dismissal, resignation, or resignation;
(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;
(5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;
6) Other labor disputes as stipulated by laws and regulations.
The Labour Inspection Brigade of the Social Security Bureau is in charge of this matter.
The first step is to collect relevant evidence that you have worked in the company, labor contracts, work documents, work photos, work records, etc., the more the better, the more beneficial it is for you, if you have not signed a labor contract, you can ask for compensation of double wages every month, if you have worked for one year, there is no more, and the law acknowledges that you have signed the contract. >>>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
The most important thing in arbitration and litigation is evidence, and without evidence, even if the arbitrators and judges have compassion and use their discretion, I am afraid they will be helpless. Now that you know what the problem is, you can look for evidence. Even if it's not yours, there will always be payroll records from your former colleagues (who are in the same situation as you, by analogy).
Hello, if the employer only delays the payment of wages for a few days, it will generally not be supported to file a complaint with the labor inspection or apply for labor arbitration.