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This is illegal, and if the negotiation fails, it is recommended to file a complaint with the labor inspection department or apply for labor arbitration to protect your rights.
1. In the case of arrears of wages by the employer, the employee shall first negotiate with the employer, and if the negotiation cannot be resolved, the employee can resolve the matter through the following legal means:
1) Complain and report to the local labor and social security inspection agency;
2) To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application should be submitted to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute;
3) Resolve through litigation. This is divided into three situations: first, for labor dispute cases, if any party is dissatisfied after labor arbitration, it can file a lawsuit with the court; Second, if the employer does not enforce the labor arbitration award after the labor arbitration award takes effect, the employee may apply to the court for compulsory enforcement; Third, those who belong to the category of labor arrears can directly file a civil lawsuit with the court.
2. Legal basis:
1) Labor Dispute Mediation and Arbitration Law Article 9 [Labor Inspection] If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with the law;
2) Article 17 of the Regulations on the Supervision of Labor and Social Security: The investigation of violations of labor security laws, regulations or rules by the administrative department of labor security shall be completed within 60 working days from the date of filing the case; If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.
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Find the project department of your construction site, and they will take care of it.
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Legal Analysis: Workers Don't Get Paid:
1. Complain to the local labor inspection brigade;
2. Apply to the local people's court for a payment order, and the people's court shall issue a payment order in accordance with law.
3. Liang Xun went to Jingyuan to apply for labor arbitration to the local labor administrative department, and claimed compensation from the unit through the award issued by the labor arbitration, and if it was not compensated, it could apply to the court for compulsory enforcement.
Legal basis: Labor Contract Law of the People's Republic of China Article 30 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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If the employer is in arrears of wages, the employee can settle it in the following ways:
1. The two parties will negotiate and deal with it, and if the negotiation fails, you can directly call ** to the labor law enforcement inspection brigade to complain. They supervise and inspect employers and order them to pay their arrears of wages.
2. Apply for labor arbitration directly to the local labor administrative department (no fee, no lawyer), claim compensation from the unit through the award issued by the labor arbitration, and apply to the court for enforcement if the compensation is not paid. The time limit for applying for enforcement is two years.
1. How to deal with deliberate arrears of peasants' wages.
The easiest way is to file a complaint with the local labor law enforcement inspection brigade, supervise and inspect the employer in accordance with relevant laws, and order it to pay the arrears of wages. The most effective is to apply directly to the local labor administrative department for labor arbitration (no fees, no lawyers), and through the award issued by the labor arbitration, claim compensation from the unit, and if the compensation is not paid, you can apply to the court for enforcement.
Second, what should I do if the company does not pay wages and does not say the reason.
You can file a complaint with the Inspection Brigade of the Labor Bureau. Since the company fails to pay labor remuneration on time, the party concerned may apply for termination of the labor contract and labor relationship, and demand economic compensation. If the company fails to pay wages according to the regulations and does not explain the situation to the employees, then it will be reported to the Employment Bureau to solve the problem and require the company to pay wages on time.
Local Labor Law Enforcement Inspection Brigade. The easiest way is to file a complaint with the local labor law enforcement inspection brigade and the local labor administrative department. The most effective is to apply directly to the local labor administrative department for labor arbitration (no fees, no lawyers), and through the award issued by the labor arbitration, claim compensation from the unit, and if the compensation is not paid, you can apply to the court for enforcement.
Article 77 of the Labor Law provides that in the event of a labor dispute between an employer and an employee, the parties concerned may apply for mediation, arbitration, file a lawsuit in accordance with the law, or may resolve it through negotiation. The principles of conciliation apply to both arbitration and litigation proceedings.
If the construction site owes the wages of the workers, and the workers win the lawsuit, then you can ask the boss for a late fee, after all, the boss is in arrears of wages, then the funds will also generate interest, so it is also reasonable to ask for a late fee, and you can ask the boss for payment. >>>More
No, the wages of railway workers here are much higher than those in the region.
Workers have temporary employment and long-term employment, and the salary of long-term employment is deducted from various insurances and housing provident fund by 2,000, and the tax is charged at the excess progressive tax rate after deducting various insurances and housing provident funds.
There is no minimum, only lower!
Summary. Pro: Mine arrears of wages to workers is a serious problem! 1. >>>More