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Hello, in a wage dispute, you must have preliminary proof: 1. Proof of the existence of an employment relationship between you and the company, such as the company's salary slips, bank issuance records, labor contracts, social security certificates, etc. 2. Proof of the amount of your salary, such as the agreement in your contract and your previous monthly salary.
As long as you make a preliminary proof, the subsequent burden of proof will be borne by the company. It is suggested that arrears of wages can be complained to the local labor inspection brigade first, and the mayor ** can also be used. Usually they will deal with it.
In addition, the company may terminate the contract in accordance with Article 38 of the Labor Contract Law on the basis of the employer's failure to pay labor remuneration in full and in a timely manner, and require the company to pay back wages and economic compensation.
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It is best to allow the company to issue an IOU to facilitate subsequent arbitration or litigation to protect rights.
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In real life, we often encounter many Wang Ranghu arrears of wages, or arrears of wages for various reasons, we can choose the following ways to protect their own rights and interests: employees can complain to the local work law enforcement supervision brigade. In accordance with the Regulations on Labor and Social Security Inspection, the Work Law Enforcement Supervision Brigade will supervise and manage the employing company and order it to pay the salary arrears.
The most effective way is to immediately go to the local labor dispute arbitration federation to apply for arbitration.
Pay the company the arrears of labor wages and the compensation paid to you due to the arrears of labor remuneration according to the standard of 50% to 100% of the receivable. Able to report to the Work Law Enforcement Supervision Brigade. The social security administrative authority orders the payment of the employee's salary and remuneration within a time limit; If the payment is not made within the time limit, the employer shall be ordered to pay additional compensation to the employee in accordance with the standard calculation of the response amount of 50 or less than 1 time.
If the business management is normal.
When the company encounters temporary difficulties, and gives employees full transparency, employees should be in the same boat through thick and thin, tide over difficulties, and solve difficulties for the company. If it is caused by human factors in the leadership, and the weakness distorts the situation, and the company does not see hope and charm, the labor contract should be terminated, and the relevant compensation shall be applied for in accordance with the Labor Contract Law, and if it is not implemented, it can be handled according to the labor dispute arbitration unit. Report to the Labor Bureau for processing.
Apply to the labor arbitration commission for arbitration or file a lawsuit in court.
According to the public security department, consumer rights protection is carried out in the form of criminal cases. If there is an employment relationship or a labor relationship between the CEO and the worker, the worker can directly file a lawsuit with the court, stipulating that the boss is liable for breach of contract or compensation. First, for labor dispute cases, if either party is not convinced after labor arbitration, it can file a lawsuit with the court within 15 days; Second, if the employer refuses to perform the arbitral award after the labor arbitration, the employee may apply to the court for enforcement.
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I think you can pick up the law in this case to protect the rights and interests of Chenda, his behavior is already illegal to be in arrears of wages, as long as you go through the legal process of arbitration, he will definitely be able to have a good result.
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The boss likes to talk about arrears of wages, I think you should pick up the law at this time to protect your legitimate rights and interests, it is true that some bosses are really very excessive, unless you have to guess whether he really wants to give it to you.
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The most effective way is to immediately apply to the local labor dissent inspection committee to file a labor lawsuit and pay the enterprise the unpaid labor remuneration and the labor remuneration due to the arrears, according to the standard of 50% to 100% of the receivable amount to pay you additional compensation fee. First, for labor dispute cases, if any party is not convinced after the labor lawsuit, it can file a lawsuit with the court within 15 days; Second, if the arbitration award has already been made after labor arbitration, and the employer refuses to perform it, the employee may apply to the court for enforcement; Able to report to the Labor Law Enforcement Inspection Brigade.
Labor Assurance Administrative Authority Orders the Payment of Workers' Salaries and Remunerations within a Time Limit; If the loan is not paid within the time limit, the employer shall be ordered to pay additional compensation to the employee in accordance with the standard calculation of the response amount of 50 or less than 1 time. This should be done in-depth analysis, if the enterprise management is normal, the leading cadres are of good character and reliable, when the company encounters temporary difficulties, and gives employees full transparency, employees should be in the same boat through thick and thin, tide over difficulties, and solve difficulties for the company. If it is caused by human factors in the leadership, and the weakness distorts the situation, the company cannot see hope and charm, and <>
The labor contract shall be terminated, and the relevant compensation shall be handled in accordance with the Labor Law, and if it is not implemented, it may be handled according to the labor litigation unit. Ask for wages objectively. Since it takes a certain amount of time to investigate and hear cases, the labor supervision department also supports the migrant workers, so they must be trusted.
At the same time, in order to completely eliminate the arrears of project funds at the present stage, China has also promulgated a set of rules and regulations to ensure the management of arrears of project funds. At the same time, all departments and industries have promulgated a compulsory accountability system, and there are also various departments that lead the management and supervision of various business processes.
After the 19th National Congress of the Communist Party of China, the new joint office of the Supervision Commission and the Commission for Discipline Inspection was set up to facilitate the people's emergencies to deal with the problems of some party members and cadres who did not act and act indiscriminately, and to deal with them more smoothly and correctly. If the needs of the people are not applied for in a timely manner, they will not only be held accountable, but also included in the year-end performance appraisal. There are some CEOs, when they work for him, he is very happy, until the completion of the construction, when he talks about money, he is not happy, wait, in these, when he is talking about money, he needs to scold, alas,The current boss, there are good, bad will not be less, take the money out of the heartache, look forward to the current policy to some bosses often teach, to be the old man starving, do not owe workers wages.
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If the boss is in arrears of wages, then his behavior is not fulfilling some of the rules and regulations in the labor contract, and it is a violation of some relevant provisions in the labor contract law, so at this time you should file an arbitration with the local arbitration commission, or you can file a lawsuit with the Qi Litong court to protect your legal rights.
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There is an option to lodge a direct complaint with the labour and social security authorities. Advice such as proof of unpaid wages or a contract. This will allow for faster resolution of the problem.
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If the boss is in arrears of wages, the employee should go to the labor bureau or arbitration commission to sue the company for compensation for a certain amount of arrears of wages.
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Many employees who work in private companies sometimes find that their bosses are prone to unpaid wages due to the poor rules and regulations in private companies. This is very annoying for the employees. So, how to deal with the unpaid wages of private bosses?
Who to report wage arrears? How do I claim my own salary?
You have seen a lot of news reports of pulling banners, meditating and posing, shouting at the door of the company to return the money, and going to the company to loot, but in the end, most of these people not only did not recover the money, but also violated the law and were punished.
So, today I'm going to teach you how to ask for a salary legally! Use these three steps to protect your legal rights.
Step 1: Gather evidence.
Evidence proving the labor relationship, wage flow, working years, overtime certificates, attendance records, and the specific amount of arrears of labor remuneration between the two parties. Not only can the employment contract prove this, but also your monthly salary bank stub, company award certificate, work**, commuting records, and social security records.
The second step is to negotiate with the boss.
After collecting the evidence, we can negotiate with the boss and ask the company to pay the salary. After all, companies don't want to be subject to complaints or arbitration. Because this will also cost them a lot of time and effort and it will also have a negative impact on the company's image.
If the company is willing to negotiate, but if it still can't be negotiated, then the only way to do it is to take the legal route.
The third step is the legal route.
The first is a complaint. For wage arrears, it is managed by the Labor Law Enforcement Supervision Brigade of our country, and you can also go directly to the scene if you call to complain. They will record and supervise the company, and if it is verified, they will order the company to pay the arrears of wages and fines.
If the problem still cannot be resolved, you can apply for labor arbitration (usually without fees). When applying for arbitration to claim wages, you can also ask the company to pay damages based on 50 to 100 of the amount due. Finally, the compensation was claimed through the arbitration document issued by the labor arbitration.
After the arbitration result is released, if one of the parties expresses dissatisfaction with the arbitration result, it may file a lawsuit with the corresponding court with jurisdiction within 15 days, and the court will make a judgment based on the relevant evidence. If the boss company still refuses to enforce the award after the award takes effect, it may apply to the people's court for compulsory enforcement on the basis of the valid judgment.
As an employee, you should actively use the rights granted by the law and take the initiative to ask for wages from your boss. Don't think that you can't save face when you work in the company, or that you're afraid of being put in small shoes by your boss. Don't wait for the boss to run away, and the company people will go to the empty building to defend their rights.
At that time, even if the court upholds your claim, it may not enforce the arrears of wages, and a dead letter has no financial value.
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How to deal with the boss who is in arrears of wages, find labor arbitration.
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Legal analysis: If the employer is in arrears of wages at the time of resignation, the employee may apply to the labor dispute arbitration institution for arbitration in accordance with the law, or complain to the labor and social security supervision agency in accordance with the law. If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears in medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle the matter in accordance with the law.
Legal basis: Article 7 of the Interim Provisions on Payment of Wages Article 7 Wages must be paid on the date agreed between the employer and the labor macro-keyer. In the case of a holiday or rest day, payment should be made in advance on the nearest working day.
Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.
Article 9 of the Law on Mediation and Arbitration of Labor Disputes Where 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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Legal analysis: If the employer is in arrears of wages at the time of resignation, the employee may apply to the labor dispute arbitration institution for arbitration in accordance with the law, or may file a complaint with the labor security supervision agency in accordance with the law. Wages must be paid on the date agreed between the employer and the employee.
In the case of a holiday or rest day, payment should be made in advance on the nearest working day.
Legal basis: Article 50 of the Labor Law stipulates that wages shall be paid in the form of money on a monthly basis to the person who works well and is a good worker. The wages of those who work without reason shall not be deducted or unjustified.
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Legal analysis: If the wages are in arrears, you can file a complaint with the security supervision brigade of the labor department, or you can directly apply for labor arbitration.
Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China 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 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; (2) Paying wages to workers lower than the local minimum wage standard; (3) Arrange 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.
If you want to fully protect your legitimate rights and interests, it is recommended that you read the Labor Law, the Labor Contract Law, the Regulations for the Implementation of the Labor Contract Law and the Social Insurance Law, so that you can know what aspects the employer has violated your rights and interests, which will benefit you for the rest of your life. If the employer infringes on your legitimate rights and interests, pay attention to collecting evidence. This is important if there is arbitration or litigation in the future. >>>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
You can call the policeIf the employer still fails to pay the wages after being notified by the labor bureau, it may report to the police and accuse the boss of the crime of refusing to pay labor remuneration and request that he be investigated for criminal responsibility. >>>More
Negotiation, if the negotiation fails, you can go to the local court to sue. >>>More
1. If the worker works for the employer, there are two ways to request payment of wages: >>>More