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Wages without a contract are the least insecure, and the premise of doing a job is to sign a labor contract with packaging.
If you don't have an employment contract, then they can drag your salary as much as they want, because there is no restriction on the employment contract. But in fact, our labor laws.
It is illegal to sign a labor contract when employing people, and it is illegal not to sign a labor contract, so in other words, even if they do not sign a labor contract, we can recover our own money, and we can get it back doubled.
Many migrant workers will be owed wages.
They have done their job, but the boss resigns and doesn't settle the bill, is the boss deliberately making things difficult or really doesn't have the money to settle the bill? If the boss really didn't settle the bill, then the hard work and hard-earned money of these people should be recovered?
First of all, the first step is to go to the local administrative authority or the Labour and Social Security Inspectorate to complain. Generally speaking, if the complaint has an effect, you don't have to go to the court, and most companies will listen to the management opinions of the Inspectorate, because they don't want to go to court, but some people are just broken, they are more patient with you, and who can better than whom? Many employees don't have the time and energy, and they don't have the money to spend with those units, so they waste their labor in vain.
If the Labor Inspectorate does not have the means to manage it, then it can apply to the Labor Arbitration Agency for arbitration. Taking a step back, we can also go to the local people's court to apply for a payment order! If they don't, then the court will enforce it, and it will also include them in the list of dishonest people.
Therefore, in this case, we must not deal with the best way with violence, or use the law to protect our legitimate rights and interests.
Finally, I hope that every migrant worker can get his money back, and he can get his hard-earned money back without paying for his labor.
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The help of the labor department should be sought, because the labor department will protect the legitimate rights and interests of the worker and help recover the wages.
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First of all, you have to go to the company to report the situation to your leader, if not, then you have to apply for labor arbitration to solve it. Generally, the company will settle it for you.
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Personally, I think that if the salary is not returned, I can apply for labor arbitration and use legal means to protect my legitimate rights and interests.
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Now this society is honest people who are easy to suffer! Generally, there should be two ways to deal with this kind of matter: one is to go to the labor bureau, but there must be definite evidence to prove that you really work there and how much wages you owe are not paid.
This method suggests that if there is insufficient evidence, you can negotiate with your boss to discuss the details and make a recording. Another way is to play horizontal, the soft is afraid of the hard, the hard is afraid of the horizontal, and the horizontal is afraid of not dying.
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1. Report to the labor administrative department.
2 Direct application for arbitration is also possible.
3. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration document.
4. In accordance with the provisions of the state, in the event of arbitration or litigation, in addition to the full payment of the wages and remuneration of the worker within the prescribed time, an additional economic compensation equivalent to 25% of the wages and remuneration shall be paid.
Article 19 of the Interim Provisions on Payment of Wages stipulates 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.
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To apply for labor arbitration, you can call **, Alipay to report the company, and apply for labor arbitration.
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You can go to the local labor arbitration board for help, if you don't pay for your part-time job, what justice is there? The labor arbitration commission will definitely protect your legitimate rights and interests.
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You can seek out your local labor and social security department. If it really doesn't work, you can call the police.
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First go to the local labor department to complain, and the labor department can only seek the help of a lawyer if the labor department has no result in coordination.
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If you don't get your part-time job money back, you can report it to the labor administrative department. It is also possible to apply directly for arbitration.
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If you don't get the money back, you can go to the labor bureau to report to the boss and then apply for labor arbitration, which is basically all possible.
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This problem is still relatively simple, the state is now paying more and more attention to the situation of wage arrears, you can first go to the labor bureau to apply for labor arbitration, if the arbitration does not work, just go through the legal process, you can't cheapen these black-hearted bosses.
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First, apply for labor arbitration, and if this is not possible, sue the court for enforcement.
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The money from the part-time job will not be returned. You go to the local labor inspectorate. They will base it on the relevant evidence you provide. Get back the money you were asked to work for.
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The money from the part-time job belongs to you, if the other party doesn't give it to you, you can call the labor management bureau to report him.
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You can file a complaint with the local labor arbitration department or file a lawsuit with the court.
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At this time, you need to use a lawyer, if you don't have the money to hire a lawyer, you can go directly to the court to sue, and the court has a free legal aid lawyer to help you.
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The employee may resolve the matter through negotiation, mediation, arbitration, or litigation.
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Solve it by calling the police and relying on the law.
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Find a labor arbitration commission.
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Fight guys, make trouble, and don't ask for help.
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In today's society, the money owed to migrant workers is unjustifiable, both emotionally and legally.
The simple old man for the family to work hard to get a meager salary through their own labor in arrears, this person is really conscience, to the society has played a negative role, if everyone is like him, the rights and interests of the workers will be wantonly trampled on, for such people and things we will not tolerate, resolutely crackdown.
The best thing to do is to resolve it through legal means as quickly as possible. First, first report to the labor inspection brigade where your home is located and where the debtor is located.
Report the other party's illegal acts, and at the same time apply to the labor arbitration department for labor arbitration.
Second, if the effect is not good, immediately file a lawsuit against the debtor to the court, you have the important evidence of the IOU, and there is also driver's license information, through which the court can find him. But you must act immediately and cannot delay any longer, because the IOU has a time limit, and once the time limit is exceeded, the law will not protect your rights and interests, and you cannot sue. It is natural to repay debts, and everyone is working together to crack down on these people who owe money illegally, and I am also fighting a lawsuit to ask for money.
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If you can't get it back after discussing with your boss or finance, you can only show relevant evidence and go to the arbitration commission to arbitrate them.
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What to do if the company does not pay wages 1. Collect and retain evidence, and rely on the labor law enforcement department to solve the problem (1) The easiest way is to collect evidence of the enterprise's wage arrears, and on the basis of the evidence, complain to the local labor law enforcement inspection brigade, supervise and inspect the employer in accordance with the "Labor Security Supervision Regulations", and order it to pay the arrears of wages. (2) Apply directly to the local labor administrative department for labor arbitration (no fee), and claim compensation from the unit according to the result of the arbitration and the award issued, and if the compensation is not paid, you can apply to the court for enforcement. 2. Through the judgment of the court, the company is forced to pay wages.
According to Article 30 of the Labor Contract Law, if the employer is in arrears or fails to pay the labor remuneration in full, the employee 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. In addition, in accordance with the provisions of Article 85 of the Labor Contract Law, the employer may also require the employer to pay you additional compensation according to the standard of 50% to 100% of the amount payable.
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If there is no employment contract, keep evidence, such as WeChat chat and transfer records, salary slips, bank card statements, etc., and then find the relevant department of the labor bureau. If you give cash every time, it is more troublesome and requires other valid evidence.
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If you don't get your wages back, you can go to the labor bureau to appeal and get your wages back through legal channels.
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Go to your local labor arbitration to file a complaint.
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Isn't there an employment contract law?
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Hello dear, I'm glad to answer for you. If you don't get your hard-earned money, you can report to the law enforcement brigade of the Human Resources and Social Security Bureau.
You can directly complain to the local labor pants rubber cavity security supervision department, or you can call 12333 or the local labor and social security supervision department to complain and report** for feedback; If you can't go to the scene to make a complaint or it's inconvenient to complain, you can reflect the clues of arrears of wages through the "Jiangsu People's Society" WeChat*** or APP, and the platform will transfer to the local labor and social security supervision department for verification and processing after receiving the clues of arrears.
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You can directly complain to the local labor and social security supervision department, or you can call 12333 or the local labor and social security supervision department to complain and report** for feedback; If you can't go to the scene to complain or complain about the inconvenience of Xianzhoubi, you can reflect the clues of arrears of wages through the "Jiangsu People's Society" WeChat or APP, and the platform will be transferred to the local labor and social security supervision department of the brother for verification and processing after receiving the arrears of wages.
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Summary. Kiss <>
We'll be happy to answer your questions<>
If you don't get your salary, you can complain to the local labor bureau, and if you don't get your salary, you can complain to the local labor bureau; If the employer still fails to pay after being notified by the Labor Bureau, it may report to the police and accuse the employer of the crime of refusing to pay labor remuneration and request that it be investigated for criminal responsibility; It is also possible to apply to the labor arbitration commission for arbitration; If the applicant is not satisfied with the arbitration, he or she may file a lawsuit with the court.
What should I do if I don't get my wages back?
Kiss <>
We'll be happy to answer your questions<>
If you don't get your salary, you can complain to the local labor bureau, and if you don't get your salary, you can complain to the local labor bureau; If the employer still does not pay the office after being informed by the Labor Bureau, it may report to the police and accuse the employer of the crime of refusing to pay labor remuneration and request that it be investigated for criminal responsibility; It is also possible to apply to the labor arbitration commission for arbitration; If the applicant is not satisfied with the arbitration, he or she may file a lawsuit with the court.
Wages refer to the remuneration paid by the employer or the statutory employer to the employee in the form of money in accordance with the law, or the industry regulation, or according to the agreement with the employee. Wages can be calculated in different forms such as hourly salary, monthly salary, annual salary, etc. In political economy, wages are essentially the value or ** of labor.
Wages are an important part of the cost of production. The minimum amount of wages is called the minimum wage, and there are various divisions of wages, such as pre-tax wages, after-tax wages, and incentive wages. In political economy, capital is essentially the valence or ** of labor.
The wages of the workers "depend on the hostile struggle between the family and the workers", and in this struggle the workers are bound to be at a disadvantage, and their wages can only be "the lowest and only necessary amount of wages", which can only allow the workers to maintain a "state of being like 'ordinary people', i.e. livestock", which can only enable the workers to sustain themselves.
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Legal analysis: If the employer does not pay wages, the employee can call the labor security **12333 to report to the labor administrative department, and the labor administrative department will order the payment of the missing period; 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. Wages shall be paid to the worker in monetary form on a monthly basis.
Wages shall not be deducted or unjustifiably delayed. If an employee encounters a salary arrears from the boss, he or she can first negotiate and mediate with the boss privately; If the negotiation fails, the applicant may file a complaint with the labor administrative department or apply for labor arbitration; If none of the above methods can be solved, a civil lawsuit can be filed with the court. It should be noted that employees should collect and keep evidence such as salary IOUs and employment certificates in a timely manner to support and protect their legitimate rights and interests.
Legal basis: Article 48 of the Labor Law of the People's Republic of China The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record.
The wages paid to workers by the Dongzhen Defender Unit shall not be lower than the local minimum wage standard.
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.
Article 44 Under any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) if the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; (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) Where a worker is assigned to work on a statutory travel holiday, he shall be paid a wage remuneration of not less than 300 percent of his wages.
Let's see if the friendship on your side is still worth your pity, if it doesn't exist, and it's really a lot of borrowing, then go directly to get it, if not, you can record it, find all the evidence, and go to the court to get it back.
Persuade him to stay with you and do something to move him.
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