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Hello! First of all, according to Article 3 of the Labor Law, a worker has the right to receive labor remuneration, as a worker, you provide labor services, the employer must pay you labor remuneration, your boss's practice of not paying you the previous month's salary violates the law, you can file a complaint with the Labor Inspection Bureau, and if the complaint is not resolved, you can also file an arbitration with the Labor Arbitration Commission to defend your own rights.
Secondly, she said that she was going to the police to scare you, bullying you for not knowing the law or that she herself did not understand the law. Based on your statement, you did not lose the goods, so there is no such thing as reporting to the police or compensation. Even if you really lose the goods, there is no theft, and what is involved is only civil liability, not criminal liability, which is not within the scope of the public security organ's responsibilities and will not be taken care of by the police.
As for the issue of civil compensation, there is an iron law in the legal profession: whoever claims to provide evidence, your boss's claim that you lost the company's goods is only her personal statement, and she asks you to compensate, she has to file a lawsuit with the court, and if you cannot provide relevant evidence to prove that you lost the goods and there is intentional or gross negligence, the court will not support her claim.
To sum up, you can rest assured to take rights protection measures to claim the salary you deserve, if you need the help of a professional lawyer, you can contact by private message, I wish you all the best.
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What about the evidence? If you say that someone else lost it, someone else lost it, then if you say that someone else killed someone else, you can go to the labor bureau and sue him.
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In this case, the employer needs to provide conclusive documents, and whoever asserts it shall provide evidence. She said you lost the goods and you need to provide proof! If you really lose it, you need to pay compensation, it should be deducted from your salary, and if the salary is not enough, you have to pay compensation.
But if you don't lose the goods, she will have to pay you the full amount of your last month's salary!
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If you do lose the goods, then you need to be accompanied by the company, but this is not possible. As a reason why they don't pay you a salary.
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Whether compensation and payment of wages for lost goods are two different things and should not be confused, and the company has acted improperly.
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In this case, you can go to the relevant department to file a complaint.
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You don't need compensation, the police will also investigate and deal with it, if she calls the police without evidence, it is wronged you, and you need to bear legal responsibility for reporting false police, and you don't have to be afraid with a clear conscience.
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Labor disputes can be applied to the labor arbitration tribunal for arbitration.
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If you do lose it, you need to pay for it.
If it is not actually lost, no compensation is required.
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Risk of not issuing a resignation certificate: Article 89 of the Labor Contract Law: If an employer fails to issue a written certificate of dissolution or termination of the labor contract to the employee in violation of the provisions of this Law, the labor administrative department shall order the employee to make changes, and the employee shall be liable for compensation. Loss of unemployment insurance benefits:
In practice, if the employer fails to issue a resignation certificate in accordance with the regulations, it may cause the employee to be unable to enjoy unemployment insurance benefits and damage the legitimate rights and interests of the employee, so in this case, the employer shall be liable for compensation. loss of preferential treatment for self-employment and re-employment; According to the relevant provisions of the state, laid-off unemployed persons can enjoy certain preferential policies such as taxation and finance when they are reemployed or start their own businesses; Loss of wages for unemployment: The resignation certificate is often a document required by the new company to avoid the risk of joint and several liability for recruiting labor certificates that have not yet terminated the labor contract, and once the employee fails to provide the resignation certificate, it may lead to the new company not hiring the employee; There are three ways to compensate: 1. Reach an agreement with the employer to demand compensation from the employer; 2. The worker has the right to file a complaint with the labor inspection department and negotiate to demand compensation from the employer; 3. The right to file a lawsuit for compensation with the Labor Dispute Commission.
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It is an act of duty.
Evidence is needed to get lost.
Evidence is also required to call the police.
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It's not just what he says, it's just what he says, but everyone has to look at the evidence. It is now a society governed by the rule of law.
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In this case, if the other party says that you have lost the goods and refuses to pay your wages last month, it is illegal, and the other party cannot refuse to pay your wages without specific evidence that you have lost the goods, and you can defend your rights.
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If he says that you have lost the goods, he has to provide evidence, and if it is indeed you who lost it, of course you should compensate, if he has no evidence, then you should ignore him completely.
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Whoever asserts and who adduces evidence, and the company claims that you have lost the goods, then you must show relevant evidence.
In addition, according to the provisions of relevant laws of China, if the company's employees lose the goods, the company cannot fail to pay the wages of the workers, and if the company loses money, it can deduct up to 20% of the wages of the workers, but it cannot be lower than the local minimum wage standard.
Legal basis] Interim Provisions on Payment of Wages
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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Find the labor bureau, this salary and goods are not a thing, the company is illegal. It's really not good, you call 12345 citizen ** to ask.
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I left my job, and my former company refused to pay me last month's salary on the grounds that I lost my goods?
Hello, very glad that your problem before the company did this is definitely illegal, any punishment can not deduct your salary to the cover skin, at least you have to leave the local minimum security line of money to you, you can complain to the labor department, apply for arbitration, and get back part of the money If he did not sign a labor contract with you, you have the right to ask him for double wages, if Hongcha did not buy social security and medical insurance with you, then you also have the right to compensate for hunger.
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Summary. Hello dear! There are three main ways to resolve wage arrears:
First, negotiate first and negotiate with the person in charge of the company. Second, if the negotiation cannot be reported, report to the Labor Bureau. Third, to apply for labor arbitration, it should be noted that a written application must be submitted to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute.
Fourth, if you are not satisfied with the arbitration result, you should file a lawsuit in the court within 15 days after receiving the arbitration letter, and the unit where the lawsuit is filed. If the employer fails to pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state, the labor administrative department shall order the employee to pay the labor remuneration within a time limit.
Hello dear! There are three main ways to solve wage arrears: First, negotiate first and negotiate with the person in charge of the company.
Second, if the negotiation cannot be reported, report to the Labor Bureau. Third, to apply for labor arbitration, it should be noted that a written application must be submitted to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute. Fourth, if you are not satisfied with the arbitration result, you should file a lawsuit in the court within 15 days after you get the arbitration inspection letter, and sue the unit where you are located.
If the employer fails to pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state, the labor administrative department shall order the employee to pay the labor remuneration within a time limit.
Hello dear! According to the legal basis: Article 5 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, in the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If you are unwilling to reconcile the source of repentance, fail to mediate, or fail to perform after reaching a mediation agreement, you may apply to the Labor Dispute Arbitration Commission for arbitration; If the person is dissatisfied with the arbitral award, except as otherwise provided in this Law, he or she may file a lawsuit in the people's court.
Hello dear! According to the legal basis: Article 18 of the Interim Provisions on Payment of Wages stipulates:
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 lawful 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) deducting or delaying the worker's wages without reason; (2) Refusal to pay the first base of wages for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard.
The standard of compensation and compensation shall be implemented in accordance with the relevant provisions of the state.
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Obviously unreasonable. If it is a work mistake and is not intentionally damaged, the company cannot fine you so much salary, at most 20% of your salary, for example, your salary is 4000 a month, and after this incident, you will be fined up to 800. So the company's fine is obviously unreasonable, and in addition, you should not be responsible for this incident alone, your boss should be responsible for management, and he should deduct more money.
If the landlord is not clear, he can call the labor complaint **12333, or directly go to the local labor bureau to complain.
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You can go to the local labor bureau to complain to your company, because there is a limit to the deduction of dereliction of duty, and it is impossible to deduct it, and it depends on the labor contract you signed when you joined the company. If he didn't sign a labor contract, he couldn't deduct a penny.
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It depends on what your job is, how he calculated the loss of 5,000 yuan, if it is unreasonable, you can arbitrate the labor dispute against the company or report the company.
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The labor law does not allow any enterprise or individual to deduct the wages of workers without permission.
Although you have already become a loss to the company, it has nothing to do with the fruits of your labor. You can go directly to him and ask for it.
Of course, you must feel that it must be your own mistake, and you can not ask for it if you are ashamed.
If you want to, you can find some reasons, such as causing losses to the company is not entirely your fault, can you find your own reasons?
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If you submit your resignation in writing and the boss does not approve it, can you leave?
For employees who are about to leave, it is likely that they are already in Cao Ying's heart, so some people will be indifferent to the company's performance, thinking that they have already left, why bother to behave well, and will soon go their own way, and there may not be any dealings in the future, and they always feel that there is no need to go to these dinners. >>>More
Generally, the employer should issue a resignation certificate at the time of resignation. >>>More
It should be returned. If the amount is small, the employer will not pursue it, but if the amount is large, the employer can file a civil lawsuit in the local people's court to demand that the employee pay undue benefits. If a worker and an employer have a labor dispute, they may apply for labor arbitration at the labor dispute arbitration commission where the employer is located to protect their legitimate rights and interests. >>>More
If you have a contract in the company, you can take the contract to the labor department to find it, and let the labor department help you solve it, if the other party is not willing to pay you wages, if there is no contract, you can also collect some evidence and let the labor department solve it.
If you leave your job, you can continue to pay, as long as you bring your ID card to the social security center to go through the formalities and change the payer to an individual. >>>More