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Centaline Real Estate can file a complaint with the local labor department or retain evidence to apply for labor arbitration if it is in arrears of wages;
1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing)!
2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If we are not satisfied with the ruling, we can sue the court;
3. You can handle it yourself without inviting a local lawyer**, and I can provide you with remote guidance (I will write the relevant legal documents for you), and you can win the lawsuit;
4. During the application for labor arbitration, you will not be delayed to work in the new unit!
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First, didn't you sign a contract? If you don't sign the contract, then you are a little passive, please go to the district and county level Ministry of Labor Resources and Social Security where your company is located to complain to him;
Second, you'd better get some evidence on your own, such as business cards, salary cards, the names of old colleagues in the store (who work for a long time), and some things within the company;
Third, there will be a penalty for not signing a labor contract within one month, so if you don't sign the contract for less than a month, you can't talk about whether you sign the contract.
In any case, if you do work, they will not pay you, and even if you have no evidence, you have to report them to the labor department and let them receive inquiries.
Of course, if you really can't do it, don't be too depressed, this kind of thing goes a lot.
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If the employer has deducted or defaulted on wages, it is recommended to report and complain to the local labor inspection brigade with jurisdiction to demand the arrears of wages.
Wage arrears can choose to protect their rights by filing labor arbitration.
Article 85 In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; 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) Failure 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, and (2) The wages of the worker are paid in full and below the local minimum wage standard.
3) Arrange overtime without paying overtime pay.
4) Dissolving or terminating a labor contract and failing to pay economic compensation to the worker in accordance with this Regulation.
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1. Is there an employment relationship between the two parties?
1. No.
2. Legal basis: In 1995, the Ministry of Labor's Opinions on Several Issues Concerning the Implementation of the Labor Law (Document No. 309) made it clear that students who use their spare time to work and study are not regarded as employment, and if they have not established labor relations, they may not sign labor contracts.
3. Therefore, students in school are not subject to the adjustment and protection of labor security laws and regulations, and the labor and social security administrative department will not accept such matters because there is no legal basis.
2. What laws are regulated and constrained?
The relationship between you is a labor relationship, not an employment relationship, and is protected and bound by civil law and contract law.
3. What should I do?
It is recommended to negotiate first, and if the negotiation fails, directly file a lawsuit with the people's court.
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You can give *** a call**.
If the employer is in arrears of wages, the employee can file a complaint with the labor administrative department or directly apply for labor arbitration. If you complain to the labor administrative department, you should go to the labor inspection brigade in the urban area to complain about the company's wage arrears, and the labor inspection brigade will accept it, leave the relevant information of the complainant, and then contact the complained company to investigate and understand, if the situation is true, the labor inspection brigade will come forward to mediate, and require the complained company to correct its violation of the labor law and other relevant laws and regulations within a time limit, if the company refuses to implement, the labor inspection brigade will apply to the court for compulsory enforcement, and punish the unit. Wage arrears are a common problem that employees can solve with the following methods: >>>More
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