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Generally speaking, in this case, you can refer to the following ways to protect your rights:
1. First negotiate with the unit to solve the problem, which is the fastest;
2. If it is really impossible to negotiate a settlement, and the unit is in arrears of wages, you can go to the local labor inspection department to complain and ask for a case to be filed;
3. Or directly call 12333** for consultation and complaints.
What is the severance payment for unpaid wages.
According to the Measures for Economic Compensation for Violation and Termination of Labor Contracts, if an employer deducts or defaults on the employee's wages without reason, or refuses to pay the employee's wages and remuneration for extended working hours, in addition to paying the employee's wages and remuneration in full within the prescribed time, it shall also pay an additional economic compensation equivalent to 25% of the wages and remuneration; If the employer pays the employee wages and remuneration lower than the local minimum wage, it shall pay an additional severance equal to 25% of the lower part while making up the lower part of the wage.
What are the consequences of unjustified wage arrears.
Article 91 of the Labor Law: "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 it to pay the worker's wages and remuneration and economic compensation, and may also order the employer to pay compensation
1) Deducting or defaulting on the wages of the workers without reason;
2) Refusal to pay wages and remuneration for extended working hours;
3) The wages of workers are paid below the local minimum wage standard;
4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law. It can be seen that if the wages of employees are in arrears without reason, the employer must pay the arrears of wages, compensation (25% of the amount of arrears of wages) and, if necessary, compensation (provided that actual damage is caused).
Basic Principles for Handling Personnel Disputes.
1. The principle of legality.
2. The principle of impartiality.
3. The principle of timeliness.
Every worker spends his or her own labor or knowledge in exchange for wages, and every salary deserves to be protected. But workers are often particularly weak compared to large corporations. Therefore, it is necessary to be good at using the law to protect yourself, and workers who are owed wages by the unit should find a professional legal person to complain, and you can find a lawyer from Hualu.com to help see how to do it.
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Hello! If the company is in arrears of wages, the employee can file a complaint with the labor bureau or go to the labor arbitration commission for arbitration.
Legal basis: Article 48 of the Labor Law of the People's Republic of China The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record.
The wages paid by the employer to the employee shall not be lower than the local minimum wage.
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 worker 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.
Article 44 Under any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) if the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.
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Dear, it's a pleasure to serve you.
1.Complain and report to the local labor and social security inspection agency.
2.Apply to the local labor dispute arbitration commission for arbitration.
3.Resolve through litigation.
I hope it can help you and I wish you a happy life.
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Legal analysis: If the company is in arrears of wages, you can go to the labor bureau and the labor arbitration commission to complain. China's law clearly stipulates that the employer must pay reasonable wages to employees on time, and employees can protect their rights and interests in accordance with the law, except for the personal fault of employees.
Legal basis: Article 50 of the Labor Law Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
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Legal Analysis: Arrears of wages to workers. Those who are absent from labor should complain to the local labor administrative department (Laofu Sliding Supervision Brigade).
The reporter and complainant must truthfully provide the name, address, ** and specific instructions of the unit being reported and complained, as well as the specific circumstances of the violation of labor security laws, regulations, and rules. In addition, the complainant shall provide the complaint document for the complaint.
Legal basis: Article 9 of the Labor Dispute Arbitration Law of the People's Republic of China 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 law.
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For wage arrears, workers can file a complaint with the local labor inspection department or apply for labor arbitration.
If wages are not paid in a timely manner, there are two ways to claim wages:
1. Workers can complain to the local labor bureau for labor inspection; Pros: Simple way. Disadvantages: 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.
Legal basis: Provincial wage payment regulations. For example:
Article 13 of the Regulations of Guangdong Province on the Payment of Wages Article 13 Where an employer terminates or dissolves a labor relationship with an employee in accordance with the law, it shall settle the settlement and pay the employee's wages in a lump sum on the day of termination or dissolution of the labor relationship. Article 33 of the Provisions on the Payment of Wages by Enterprises in Shandong Province Where an enterprise dissolves or terminates a labor contract with an employee in accordance with the law, the enterprise shall pay the employee the wages due in a lump sum when the labor contract is dissolved or terminated.
Generally, the human resources and social security department shall order payment, but other relevant departments may also order payment within the scope of their authority. 1. The easiest way is to file a complaint with the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the "Labor Security Supervision Regulations" 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. >>>More
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
We talk to the boss and don't pay us wages, what should we do?
If you do not pay the wages in arrears, you can file a complaint with the local labor and social security supervision agency or apply to the local labor dispute arbitration commission for arbitration. >>>More
I have been working in the field for 5 months, I have not been paid until I quit last year's New Year, I am in arrears for three months, and I have been in contact with the manager over there, saying that the payment has not been paid until now, how can I get my salary back? Now people are local, not out of town.