What should I do if I am dismissed by the company and my salary is not paid?

Updated on society 2024-08-13
31 answers
  1. Anonymous users2024-02-16

    If an employee resigns, the employer shall pay the employee all wages in a lump sum when the labor contract is terminated. If wages are not paid in time, there are two ways to request payment of wages: 1. The worker can file a complaint with the local labor bureau for labor inspection; Pros:

    It's simple. 2. You can apply for arbitration at the local labor bureau and demand payment of wages.

    Legal analysis

    After being dismissed by the company, the salary is not paid, which can be handled as follows: 1. Negotiate with the company first. If you don't want to make the relationship stiff or waste a lot of time and energy after a wage dispute with the company, it is best to negotiate with the other party peacefully.

    During the negotiation, the labor union or a third party may also be invited to negotiate with the employer to reach a settlement agreement. 2. You can find someone to mediate. If the company is unwilling to negotiate, fails to negotiate, or fails to perform after reaching a settlement agreement, then it can also apply to the mediation organization for mediation.

    3. Go to the labor department to complain. If the company unilaterally dismisses an employee and does not pay wages, it is a violation of the provisions of the labor law, so if you still refuse to comply with the law after the above means, it is best to go to the local labor inspection department to complain about the company's illegal behavior in time. 4. Apply for labor arbitration directly.

    If the other party is still unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, the other party can now apply to the labor arbitration commission for arbitration.

    Legal basis

    Labor Contract Law of the People's Republic of China

    Article 85 In any of the following circumstances, the labor administrative department shall order an 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) 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.

    Article 28 Where a labor contract is confirmed to be invalid and the worker has already paid the labor, the employer shall pay the labor remuneration to the worker. The amount of labor remuneration shall be determined with reference to the labor remuneration of workers in the same or similar positions in the same unit.

  2. Anonymous users2024-02-15

    If the company does not pay wages after resignation, the employee who is in arrears of wages can file a complaint with the local labor inspection department or apply for labor arbitration.

    According to Article 18 of the Interim Provisions on Payment of Wages, 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 at a rate lower than the local minimum wage.

  3. Anonymous users2024-02-14

    You can sue, or the local labor bureau to assist in solving, general resignation, wages can be required to be settled within 3 days, the enterprise shall not be in arrears without a legitimate reason, to find out whether you have suffered losses due to work mistakes after being dismissed, and secondly, whether the reason for your dismissal is in accordance with the law, and the dismissal without a legitimate reason is to compensate you for several months' wages.

  4. Anonymous users2024-02-13

    If the negotiation fails, you can bring relevant materials to the labor bureau to complain, and directly receive the labor arbitration commission where the employer is located to file labor arbitration, if the amount of arrears of wages is relatively large, you can directly find a lawyer to file a lawsuit and recover the arrears of wages through legal channels.

  5. Anonymous users2024-02-12

    After being dismissed by the company, the salary is delayed, which is obviously a violation of the labor law, and in this case, you can also go directly to the local labor bureau with the relevant information to report, or directly call 12333 to report.

  6. Anonymous users2024-02-11

    After being dismissed by the company, the salary is delayed, you should call the police, and then go to the supervision department of the labor bureau to report the case, let the supervisor handle it, and you will get the salary.

  7. Anonymous users2024-02-10

    After being dismissed by the company, you can apply for labor arbitration and ask the company to pay you compensation and ask for additional wages.

  8. Anonymous users2024-02-09

    After being dismissed by the company, if the salary is delayed and not paid, you can go to the company to urge it, and if you don't pay it, you can go to the labor bureau or arbitration department to sue them.

  9. Anonymous users2024-02-08

    If you are dismissed by the company, the company should pay the employee's salary immediately, and it is unreasonable to delay the payment, you can complain to the labor bureau and ask for the salary back.

  10. Anonymous users2024-02-07

    If the company dismisses an employee, it shall settle the salary with the employee at work, and if the salary is delayed by the company, it can report to the labor department and apply to them for arbitration settlement.

  11. Anonymous users2024-02-06

    If the company dismisses you, the salary will not be delayed. You can apply for labor arbitration and ask the company to pay you compensation and pay you additional wages.

  12. Anonymous users2024-02-05

    After being dismissed by the company, the salary is delayed, and the salary is not paid, which can be complained to the labor bureau.

  13. Anonymous users2024-02-04

    After the company is dismissed from the company, the salary is not paid, you can discuss with the company, if the negotiation fails, you can go to the local social security bureau to sign and apply for arbitration.

  14. Anonymous users2024-02-03

    You can go to the labor arbitration department to arbitrate, and you will generally win, and the matter of feelings, of course, is to find me for a lifetime First of all, you fall in love with someone for a while, once you get married, it is a lifelong thing after you have children, because your family is responsible for the descendants of the family.

  15. Anonymous users2024-02-02

    What should I do if my salary is delayed after the company is dismissed? After you are dismissed by the company, your salary will be calculated as your salary, and he cannot be illegal, if he wants to delay the repayment, you will go to the labor inspection department to complain, and they will help you get your salary back.

  16. Anonymous users2024-02-01

    After being resigned by the company, the salary is not paid, you can call the police, or you can go to the boss to theorize, but if you can't do it, you can call the police again.

  17. Anonymous users2024-01-31

    It's so easy! You can go to the labor supervision department and tell them about your situation, and someone will help you ask for your salary, and if you are fired for no reason, it seems that you will have to pay you liquidated damages! Find a good place to consult, this kind of company can't let them go unpunished.

  18. Anonymous users2024-01-30

    After being dismissed by the company, the company dragged on and did not pay, so you need to go to their leadership or finance, and ask them why they didn't pay their salaries, and if they didn't pay them, they would go to the labor department.

  19. Anonymous users2024-01-29

    After being dismissed by the company, the salary is not paid, in this case, you can reflect to the superior trade union department and ask the superior trade union department to come forward to protect the rights and interests of employees.

  20. Anonymous users2024-01-28

    If the salary after the dismissal is delayed, then you can file a complaint with the labor bureau to demand that your salary be paid and your interest paid at the same time.

  21. Anonymous users2024-01-27

    If you are fired by the company, and his salary is not paid to you, you can go to the local labor arbitration to sue him for labor arbitration, and the matter is very fast, and you must be able to solve it.

  22. Anonymous users2024-01-26

    That can be done with the Labor Bureau. That way, they can find a way to get your wages back to you. It's also good to be able to call 12333.

  23. Anonymous users2024-01-25

    If there is a labor contract, you can go to the labor bureau to deal with it, and if there is no labor contract, you can find the labor bureau, and the labor bureau will deal with it.

  24. Anonymous users2024-01-24

    What should I do if I am dismissed by the company and my salary is not paid? The first thing you have to think about is to defend your rights, then you have to go to labor arbitration or your local court to sue them.

  25. Anonymous users2024-01-23

    If the company does not pay wages, it can be dealt with by the police, or it can be dealt with by the village committee, or it can be dealt with by the labor bureau. It's up to you to choose, but it's best to go to the Labor Bureau.

  26. Anonymous users2024-01-22

    Go to the labor bureau to apply for labor arbitration or go to court to sue the company.

    Unilaterally dismissing an employee without the employee's consent is an illegal act and a breach of contract, and compensation is required in accordance with the law.

  27. Anonymous users2024-01-21

    Go to the company first to talk about it, and it is best to talk about it. If you can't talk about it, go to the labor insurance bureau, and they will help you solve it.

  28. Anonymous users2024-01-20

    The labor law stipulates that companies must compensate and settle wages for dismissed employees, and can file a complaint with the labor department if there is any arrears of wages.

  29. Anonymous users2024-01-19

    If the employer does not pay wages after dismissal, the employee can negotiate with the employer, or directly file a complaint with the relevant department, or directly apply for labor arbitration, and submit an application form and relevant evidence when applying for labor arbitration.

    1. What should I do if I am dismissed and do not pay my salary?

    1. Negotiate and settle.

    2. Report to the labor administrative department (usually the labor inspection brigade of the district where the unit is located).

    If the company fails to pay the employee's wages on time, the employee may terminate the labor contract at any time and immediately require the company to pay the employee's arrears of wages and 25% of the arrears of wages as economic compensation.

    3. You can also apply for arbitration directly.

    First of all, the worker must confirm the fact of the employment relationship with the employer. Second, after the labor relationship is confirmed, the employer can be required to pay back social insurance and wages. Thirdly, the employer shall terminate the labor contract and shall notify the employee one month in advance, otherwise it shall pay one month's severance as a payment in lieu of payment.

    Fourth, if a written labor contract is not signed to pay double wages, a written labor contract shall be signed within one month from the date of employment. Fifth, if an employer illegally terminates a labor contract, it may claim economic compensation, which is twice the amount of economic compensation. It is recommended to collect relevant evidence in a timely manner, apply to the local labor arbitration department for labor arbitration in accordance with the law, and require the company to fulfill the above obligations.

    If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.

    The statement of claim for arbitration shall contain the following particulars:

    (1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;

    2) the claim for arbitration and the facts and reasons on which it is based;

    3) Evidence and evidence**, names and addresses of witnesses.

    If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party.

    The complaint department for the company's non-payment of wages is:

    1. Complain to the labor bureau where the employer is located.

    2. Complain to the labor arbitration commission where the employer is located.

    2. What should workers pay attention to in protecting their rights in arrears of wages?

    1. Confirm the facts of the labor relationship with the unit, such as payroll, attendance records, and documents in the process of work.

    2. After confirming the labor relationship, you can negotiate with the boss and ask the employer to pay back wages for the illegal behavior of the unit in arrears of wages.

    3. If the negotiation fails, bring the relevant materials to the labor bureau to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration.

    4. If the amount of arrears of wages is relatively large, you can directly ask a lawyer to file a lawsuit and recover the arrears of wages through litigation.

    When an employer dismisses an employee, it needs to pay wages on time, and it cannot deduct or fail to pay Tongyin salary without reason, otherwise it is an illegal act, and the employee can directly file a complaint or apply for labor arbitration. And the employer may be required to make certain economic compensation.

  30. Anonymous users2024-01-18

    Legal Analysis:1It is possible to find someone to mediate2

    Go to the labor department to complain and reflect 3Go directly to apply for labor arbitration4If you can't solve it, you can sue:

    If the above methods do not solve the problem, you do not need to worry, you can now file a civil lawsuit directly with the court to request the settlement of the labor dispute and compensation for your losses.

    Legal basis: 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.

  31. Anonymous users2024-01-17

    If an employee is dismissed without cause after four days of service, and the employer refuses to pay the employee's wages, the employee may apply for labor arbitration for the employer's illegal acts and request the employer to pay compensation for the illegal dismissal and the wages owed.

    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 award, 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. Article 50 of the Labor Law stipulates that wages shall be paid to the worker himself on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed.

    Article 18 of the Interim Provisions on Payment of Wages Article 18 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 at a rate lower than the local minimum wage. The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State. Article 47 of the Labor Contract Law of the People's Republic of China stipulates that economic compensation shall be paid to the worker according to the standard of one month's salary for each full year of service in the employer.

    where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

    Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law. Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

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