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Wage arrears can choose to protect their rights by filing labor arbitration.
Article 85 of the Labor Contract Law 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 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.
Article 276-1 of the Criminal Law of our country stipulates: Whoever evades the payment of laborers' labor remuneration by means such as transferring property or escaping, or has the ability to pay but fails to pay laborers' labor remuneration, and the amount is relatively large, and the payment is still not made after being ordered to do so by the relevant departments, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.
Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.
Where there are acts in the preceding two paragraphs, but serious consequences have not yet been caused, and the laborer's labor remuneration is paid before the public prosecution is initiated, and the corresponding liability for compensation is borne in accordance with law, the punishment may be commuted or waived.
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Of course, in violation of the Labor Contract Law, the employee only needs to write a resignation application one month in advance. As for whether he finds anyone or not, it's not your business. In this case, you can go to the labor arbitration to complain, ask for the payment of wages and make compensation for this time, now the arbitration does not need money, and now we workers can protect their rights!
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You can go to your local labor inspectorate to complain! They'll definitely take it.
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On the day of the employee's resignation, the company does not pay the salary, which is not illegal. The employer should settle the salary when the employee goes through the resignation procedures within 15 days of resignation.
Article 50 of the Labor Contract Law The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall handle the handover of work in accordance with the agreement between the two parties.
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It is illegal for the boss not to pay wages on the day of resignation for the following reasons:
1. The law stipulates that when both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in one lump sum when the labor contract is dissolved or terminated
1) Complain and report to the local labor and social security inspection agency;
2) To apply for arbitration to the local labor dispute arbitration commission, a written application shall be submitted to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute
3) Resolve through litigation, for labor dispute cases, if any party is dissatisfied after labor arbitration, it can file a lawsuit with the court, and obey it after arbitration, and if the employer does not enforce the labor arbitration award after it takes effect, it can apply to the court for compulsory enforcement;
2. Labor administrative departments at all levels have the right to supervise the payment of wages by employers to employees;
3. If the company infringes on the rights and interests of employees, it can require them to pay wages and economic compensation to employees.
Legal basisArticle 91 of the Labor Law of the People's Republic of China.
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 laborers without reason;
2) Refusal to pay wages and remuneration for extended working hours; Biyu.
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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Summary. Hello dear, it is a pleasure to serve you <>
Leave on the day of resignation, and it is illegal for the boss not to pay the salary. The employer shall settle all remuneration and expenses on the day of the employee's resignation, and if the employer refuses to settle the payment, it is an illegal act. According to Article 9 of the Interim Provisions on Payment of Wages, when both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.
According to Article 9 of the Law on Mediation and Arbitration of Labor Disputes, if an employer violates national 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 employee may file a complaint with the labor administrative department, which shall handle the matter in accordance with the law.
If you leave on the day of resignation, is it illegal for the boss not to pay your salary?
Hello dear, it is a pleasure to serve you <>
Leave on the day of resignation, and it is illegal for the boss not to pay the salary. The employer shall settle all remuneration and expenses on the day of the employee's resignation, and if the employer refuses to settle the payment, it is an illegal act. According to Article 9 of the Interim Provisions on Payment of Wages, when both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.
According to Article 9 of the Law on Mediation and Arbitration of Labor Disputes, if an employer violates national 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 employee may file a complaint with the labor administrative department, which shall handle the matter in accordance with the law.
Extended information: The first step in arrears of wages should be active negotiation, that is, actively asking for wages, and if the negotiation cannot reach an agreement, then you can choose to go through legal procedures. 1. Complain to the labor inspectorate.
According to Article 85 of the Labor Contract Law and Article 9 of the Labor Dispute Arbitration and Mediation Law, if an employer is in arrears or fails to pay labor remuneration in full, it may file a complaint with the labor inspectorate, which shall accept it and order the employer to pay within a time limit. If the payment is not made within the time limit, it shall be ordered to pay compensation according to 50 to 100 percent of the amount in arrears. 2. Apply for labor dispute arbitration. Labor arbitration is an effective way to recover labor remuneration, and generally the arrears of wages can be resolved after applying for labor dispute arbitration.
3. Apply to the court for a payment order. An application for a payment order requires the issuance of a wage IOU or payment agreement.
If I have been in the company for 3 years, I did not buy social security during the first 3 months of probation, the contract is signed once a year, and there is no labor contract in duplicate. How much compensation can be claimed.
Social security can allow the company to make up for it, which can't compensate for anything.
Well, the company owed me my severance pay from May to July, and from this year onwards, employees were required to go to work at 8 o'clock and leave work at 6 o'clock, with a two-hour break in between, which exceeded the labor law.
In this case, it is possible to apply for labor arbitration.
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Hello, it is illegal for Zaochun to suddenly leave his boss and not pay his salary. Employees should be paid in full and on time. Legal basis
Labor Law of the People's Republic of China Article 50 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 15 of the Interim Provisions on Payment of Wages shall not deduct the wages of employees.
Under any of the following circumstances, the employer may withhold the wages of the employee: (1) the individual income tax withheld and paid by the employer; (2) All social insurance premiums withheld and paid by the employer that should be borne by the worker; (3) The maintenance or alimony required to be withheld in court judgments or rulings; (4) Other expenses that may be deducted from the wages of workers as stipulated by laws and regulations. Article 16 Where economic losses are caused to the employer due to the worker's own reasons, the employer may require the employee to compensate for the economic loss in accordance with the provisions of the labor contract.
Compensation for economic losses may be deducted from the employee's salary. However, the monthly deduction shall not exceed 20% of the employee's salary for that month. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.
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Summary. Hello! <>
Dear, glad to answer for you! <>
If you leave on the day of resignation, it is illegal for the boss not to pay your salary! If an employee leaves without early resignation, he or she may be required to bear the monthly deduction, which shall not exceed 20% of the employee's monthly salary. If the salary after deduction is lower than the local monthly minimum wage standard, the company will be compensated for the loss!
If you leave on the day of resignation, is it illegal for the boss not to pay your salary?
Hello! <>
Dear, glad to answer for you! <>
If you leave on the day of resignation, it is illegal for the boss not to pay your salary! If an employee leaves without early resignation, he or she may be required to bear the monthly deduction, which shall not exceed 20% of the employee's monthly salary. If the salary after deduction is lower than the local monthly minimum wage standard, the company will be compensated for the loss!
If an employee wants to resign early, he or she must notify the company at least 30 days in advance unless agreed with the company. If you leave the company without early resignation, and you cause financial loss to the company, or even if you have not suffered a loss, you cannot refuse to pay wages on this ground. In addition, even if the employee does not say goodbye and suffers economic losses to the company, it is still necessary to pay the employee's salary, and cannot deduct all of his salary.
The maximum deduction may not exceed 20% of the employee's monthly salary.
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Summary. Sudden resignation of the boss does not pay the salary legally.
Sudden resignation of the boss does not pay the salary legally.
If wages are not paid in time, there are two ways to request payment of wages: 1. The worker can file a complaint with the local labor bureau for labor inspection. 2. You can apply for arbitration at the local labor bureau and demand payment of wages.
If you have not signed an employment contract, you can also demand double the wages of the unsigned labor contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments. Article 50 of the Labor Law of the People's Republic of China clearly stipulates that:
Wages shall be paid to the workers themselves on a monthly basis in the form of money, and wages shall not be deducted or owed to the workers without reason.
I left my job suddenly, I didn't say it in advance, and my boss said that I would not receive my salary if I left suddenly, and I had not signed a labor contract before.
If wages are not paid in time, there are two ways to request payment of wages: 1. The worker can file a complaint with the local labor bureau for labor inspection. 2. You can apply for arbitration at the local labor bureau and demand payment of wages.
If you have not signed an employment contract, you can also demand double the wages of the unsigned labor contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments. Article 50 of the Labor Law of the People's Republic of China clearly stipulates that:
Wages shall be paid to the workers themselves on a monthly basis in the form of money, and wages shall not be deducted or owed to the workers without reason.
Look at what I posted.
Kiss. Solution:1Labor Bureau 2Attorney on file.
Do you have any other questions, dear.
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If you resign on the same day if you have an urgent matter at home, even if you do not give 30 days' notice, it is illegal for the boss not to pay your salary, and you can report it to the local labor inspection department and ask him to pay his wages and pay compensation. Even if the employee claims compensation from the employer due to personal problems, the deduction of the employee's compensation shall not exceed 20% of the employee's monthly salary.
Under what circumstances can an employee terminate an employment contract?
1. Failure to provide labor protection or working conditions in accordance with the labor contract;
2. Failure to pay labor remuneration in full and in a timely manner;
3. Failure to pay social insurance premiums for workers in accordance with the law;
4. The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of employees;
5. Other circumstances under which the employee may terminate the labor contract as stipulated by laws and administrative regulations;
6. If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or the employer violates the rules and regulations by directing or forcing the risky operation to endanger the personal safety of the laborer, the employee may immediately terminate the labor contract without prior notice to the employer.
Legal basis: Article 9 of the Interim Provisions on Payment of Wages.
When both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.
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1. It is legal for the boss who resigns on the same day to deduct his salary.
Hello! 1. If you have not signed a labor contract, you can ask the employer to pay double the salary. 2. If the employer fails to pay the remuneration in full, it shall pay compensation at 50%-100% of the amount payable.
3 (1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums; (2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the employee issued by the employer; (3) Recruitment records such as the "registration form" and "registration form" filled in by the employee; (4) Attendance records; (5) Testimony of other workers, etc. and so on, all of which can prove the evidence of the employment relationship.
2. What should I do if I resign and the boss does not pay my salary?
1. Negotiate and settle.
2. Report to the administrative department of Laonai Town (usually the labor inspection brigade of the district where the unit is located).
If the company fails to pay the employee's wages on time, the employee may terminate the labor contract at any time and immediately require the company to pay the employee's arrears of wages and 25% of the arrears of wages as economic compensation.
3. You can also apply for arbitration directly.
First of all, you need to confirm the facts of the employment relationship with the employer. Second, after the labor relationship is confirmed, the employer can be required to pay back social insurance and wages. Thirdly, the employer shall notify the employee one month in advance when terminating the labor contract, otherwise it shall pay one month's severance as a payment in lieu of payment.
Fourth, if a written labor contract is not signed to pay double wages, a written labor contract shall be signed within one month from the date of employment. Fifth, if an employer illegally terminates a labor contract, it may claim economic compensation, which is twice the amount of economic compensation. It is recommended to collect relevant evidence in a timely manner, apply to the local labor arbitration department for labor arbitration in accordance with the law, and require the company to fulfill the above obligations.
If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.
Fourth, the company does not pay wages to complain?
1. Complain to the labor bureau where the employer is located.
2. Complain to the labor arbitration commission where the employer is located.
5. Workers need to pay attention to the following in protecting their rights in arrears of wages:
1. It is necessary to confirm the facts of the labor relationship between Chang Chi Co and the unit, such as salary slips, attendance records, and documents in the process of work.
2. After confirming the labor relationship, you can negotiate with the boss and ask the employer to pay back wages for the illegal behavior of the unit in arrears of wages.
3. If the negotiation fails, bring the relevant materials to the labor bureau to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration.
4. If the amount of arrears of wages is relatively large, you can directly ask a lawyer to file a lawsuit and recover the arrears of wages through litigation.
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