What should I do if my boss doesn t let me go and doesn t pay my wages and overtime pay? 20

Updated on society 2024-08-01
27 answers
  1. Anonymous users2024-02-15

    In the case of a labor dispute between you and the company, the specific cause is non-payment of labor remuneration. Here's what you can try:

    1. Call the local 12333 to consult legal knowledge, and then call the local labor office or labor bureau**, and ask them to order the unit to make corrections within a time limit, and if they do not pay within the time limit, they will be punished.

    2. Hit the boss or personnel every day, persevere, and miracles will appear.

    3. Entrust a local colleague or lawyer (it may be a little more expensive)** You apply for labor arbitration. According to 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 employee fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of 50% to 100% of the amount payable: (1) Failure to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or national regulations; (2) The wages of the workers are paid below the local minimum wage standard;

    3) arranging overtime without paying overtime pay; (4) Dissolving or terminating the labor contract without paying economic compensation to the employee in accordance with these Regulations. Above. I wish you a speedy success.

  2. Anonymous users2024-02-14

    You first understand whether he is not paying you now or dragging you to work in Golgotha. If you really don't give it, you can call 110The latter asks for help from **.

  3. Anonymous users2024-02-13

    Hit the boss's **or personnel**.

  4. Anonymous users2024-02-12

    Unpaid overtime in the workplace has become normalized and commonplace, and everyone is not surprised. However, I think this kind of overtime is really unreasonable, after all, if you pay for your labor but you don't get paid, you will still be chilled by employees if you do too much. Of course, many things also need to be analyzed on a case-by-case basis.

    For example, if the overall salary of your unit is not bad, and the monthly income exceeds that of peer companies by a lot, I think that even if you work overtime on weekends without pay, there is nothing to complain about, after all, the income is very good. From another point of view, the purpose of overtime is to promote the development of the enterprise, and when the enterprise develops well, your high income can be guaranteed, so you will be relieved when you think about it this way.

    However, if you work in a unit where the treatment is very ordinary, but you always let employees work overtime without pay, such a unit is worth considering. If your ability is strong, you can find a similar treatment of the unit again, then hurry up to another company to send a resume to find a job, after all, all our efforts are directly related to the salary, the salary is good, everything is fine, the salary is poor, and the labor intensity is high, then what is the meaning of this kind of work?

    Of course, if you resign or not, it is best to do a self-assessment by yourself, your professional ability, your current economic pressure, your own job search competitiveness, and make a careful choice after making an assessment. If you are under a lot of financial pressure now, then you should think about the idea of quitting your job, if your current financial pressure is not great, and your career competitiveness is very strong, then it is logical to change jobs.

    When the leader asks him to work overtime without pay, if it is indeed very urgent to work, then he should still comply, if the things he is dealing with are not important, at this time you can directly tell the leader your reasons, and then say that you will be able to complete it the next day, so that the leader will agree. If a leader often asks himself to work overtime, but does not say that there is a certain amount of compensation, at this time, as an employee of the company, he can directly ask the boss to ask the company to compensate employees for overtime, so that the leader will also decide whether to continue to work overtime according to the situation.

    If it is not a last resort, the requirements of the leader still have to be implemented, but if you really have personal matters to deal with, you can find an excuse at this time to get the leader to agree to leave work on time. Some leaders let themselves work overtime because they did not complete their corresponding work within the specified time, so in order to avoid the phenomenon of overtime, they should arrange their work time reasonably at this time, and report their work regularly, so that there will be less overtime.

    For leaders, of course, they hope that you will work as hard as possible, but for employees, they will only have the mentality of part-time work, and they will definitely have an aversion to overtime, but when they are required to work overtime, they must make a careful decision at this time, so as not to affect their future work and career direction.

  5. Anonymous users2024-02-11

    Yes, because in such a company, in fact, your own contribution and income are not right, and you will stay harder for a long time.

  6. Anonymous users2024-02-10

    I think it is time to quit your job, because the relationship between the employee and the company is one of hiring and being employed, and it is a transactional process. Now I have time to work overtime, and you don't pay me overtime, this is an unfair deal.

  7. Anonymous users2024-02-09

    You can resign, because frequent unpaid overtime will delay a lot of your personal time, and such a boss is not a good boss, so don't continue to work with him.

  8. Anonymous users2024-02-08

    should resign, such a boss is not worth working hard for him, he does not know the value of cherishing employees at all, and will only squeeze.

  9. Anonymous users2024-02-07

    Should resign. Work is just a part of life, and work is to earn money. If I keep working overtime without pay, it's too much of a deal, and I'd rather not go to work than do that.

  10. Anonymous users2024-02-06

    You should not quit your job, you should give some advice to your boss and don't let your employees work overtime all the time, which will affect their productivity.

  11. Anonymous users2024-02-05

    Should. Because this kind of boss will only squeeze the labor of the employee, and it will also cause you to have physical problems, and you will not get very much rest, so you should quit.

  12. Anonymous users2024-02-04

    If you can't accept this for a long time, then you can choose to resign, because there will be a lot of pressure and you will not have a proportional reward for working such unpaid overtime for a long time.

  13. Anonymous users2024-02-03

    I think if it was me, I would definitely quit because you don't pay me, so why should I work overtime? I also didn't volunteer to work overtime, and the boss's approach was not authentic.

  14. Anonymous users2024-02-02

    Yes, I can accept occasional overtime, but I will not accept that there is no pay for overtime every day, because as long as you accept overtime every day, in case one day you need to leave work early and you leave early, someone will say you.

  15. Anonymous users2024-02-01

    You should resign. Such a boss is not humane at all, and the oppression of employees is also very powerful.

  16. Anonymous users2024-01-31

    You should quit your job, because the boss's behavior is oppressive to employees, and it will also put a lot of pressure on you, and you will not be happy to work in such a company.

  17. Anonymous users2024-01-30

    Of course it should, which means that the boss has not taken into account the interests of the employees at all, and should resign if he encounters such a situation.

  18. Anonymous users2024-01-29

    Should. Because such a boss is squeezing employees, and this kind of work is not worth us.

  19. Anonymous users2024-01-28

    You should resign, there is no prospect of staying in such a unit, there will be no development, and you should leave this unit decisively.

  20. Anonymous users2024-01-27

    He should resign, such a company shows that he is not humane, and such a requirement is really not in accordance with the regulations.

  21. Anonymous users2024-01-26

    Legal analysis: If the employer refuses to pay overtime wages, the worker may file a complaint with the labor and social security administrative department (labor inspection brigade), and the labor inspection brigade shall order the employee to pay the compensation within a time limit.

    Legal basis: Labor Law of the People's Republic of China Article 44 In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours according to the following standards: (1) If the employee is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150% of the wage; (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) If a worker is assigned to work on a statutory holiday, he shall be paid a wage remuneration of not less than 300 percent of his wages.

  22. Anonymous users2024-01-25

    Legal Analysis: An employee may terminate the labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employee may terminate the labor contract by notifying the employer three days in advance. Employer's consent is not required.

    If the employer does not pay the salary, it can defend its rights in the following ways:

    First of all, first go to the company leaders to negotiate and ask for the arrears of wages. If the company continues to accompany the town in arrears, ask the reason for the arrears, if it is because the company is temporarily unable to turnover, then ask the company boss or finance to make an IOU.

    Secondly, if the negotiation with the company fails, then go to the local labor inspection brigade to complain, inform the person in charge of the company**, and let the labor inspection brigade deal with it.

    Finally, if the labor inspection team fails to deal with it, then it is necessary to collect relevant evidence and go to the local labor arbitration commission for labor arbitration.

    Legal basis: Interim Provisions on Payment of Wages Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum when the labor contract is dissolved or terminated.

  23. Anonymous users2024-01-24

    1. If the employer does not pay overtime pay, the employee may notify the employer to resign at any time and may request the employer to pay severance payment. According to the relevant provisions, the employee may leave immediately if he or she proposes to terminate the labor contract in accordance with Article 38 of the Labor Contract Law without 30 days in advance or without approval.

    2. Legal basis: Labor Contract Law

    Article 38 An employee may terminate a labor contract if the employer falls under any of the following circumstances:

    1) Failure to provide labor protection or working conditions for those who are smart in accordance with the provisions of 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 workers;

    5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

    6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

  24. Anonymous users2024-01-23

    If you work overtime for a long time, you can go to the labor bureau to complain and report, because the boss has no right to prevent you from leaving, and it is the right of no one to stop you from leaving, and the boss is not qualified to keep you, so you can keep evidence to complain to your boss in this case.

  25. Anonymous users2024-01-22

    Overtime is voluntary and has overtime pay. As long as you submit your resignation report one month in advance, you can leave when it is time to bring or accept. The labor department complained that the electric group was stupid and stupid 12333.

  26. Anonymous users2024-01-21

    Write a letter of resignation and give it to your boss, and after thirty days, you can go, whether the boss agrees or not.

  27. Anonymous users2024-01-20

    It is illegal for the company to work overtime without paying overtime pay, and the employee can apply for labor arbitration and require the employer to pay the overtime pay. Article 44 of the Labor Law stipulates that under any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours according to the following standards:

    1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wage shall be paid;

    (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) If 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. How to apply for labor arbitration:

    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 the employee is not satisfied with the ruling, he or she can sue the court.

    3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit. An application for labor arbitration can recover overtime wages from two years ago, but the employee needs to bear the full burden of proof. Article 18 of the Labor Law stipulates that labor administrative departments at all levels have the right to supervise the payment of wages by employers.

    If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:

    1) Withholding or defaulting on the wages of workers without reason;

    2) Refusal to pay wages for extended working hours;

    3) Paying wages to workers lower than the local minimum wage standard; Article 19 of the Labor Law provides that if a labor dispute arises between an employee and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with the law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court. The base amount of overtime pay for employees may be determined through consultation between the enterprise and the employees, otherwise the enterprise shall determine the wages due to the workers for their normal work.

    The wage base for calculating overtime wages shall first be determined in accordance with the wage standards corresponding to the position of the employee as agreed in the labor contract. If there is no stipulation in the labor contract or collective contract, the employee representative may negotiate with the employer through collective wage negotiation, and the result of the negotiation shall be to sign a collective wage agreement (if the employer has been approved to implement the irregular working hours system, the above provisions shall not be implemented). If there is no agreement between the employer and the employee, the calculation base of the holiday pay shall be determined at 70% of the employee's monthly salary for normal attendance.

    The daily wage is calculated by dividing the base number by the average number of days worked in the system per month 20 92 days. If the handling of the relevant situation is unclear, a lawyer can be consulted to define it.

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