What should I do if the boss doesn t pay me for more than ten days

If you don't do it for a few days, the boss won't pay you, and the worker can go to the labor inspection brigade to complain. The law does not stipulate that resignation or dismissal within a few days can be done without payment; During the probationary period, regardless of whether a contract has been signed or not, there is a de facto labor relationship, and the labor has been paid and the value has been generated, wages should be paid in accordance with the law and reason. Generally, if a regular company terminates the labor relationship, even if it is only 3 days, the salary will be settled.

If the employer is in arrears of wages, the employee may file a complaint with the Supervision Brigade of the Labor Bureau, which will order the employer to pay the arrears of wages. If the coordination fails, the worker may apply for labor arbitration.

Article 85 of the Labor Contract Law: In any of the following circumstances, the labor administrative department shall order the employer 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 labor remuneration of the worker 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 at a rate lower than the local minimum wage standard;

3) arranging 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 the boss does not pay wages, the worker can complain to the local labor inspection brigade, and if it cannot be resolved, he can apply to the local labor arbitration commission for labor arbitration. According to Article 5 of the Labor Mediation and Arbitration Law, 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.

Legal analysis: 1. Negotiate with the boss to pay wages first; 2. Complaints from the local labor law enforcement inspection brigade; 3. Apply to the local people's court for a payment order; 4. Apply for labor arbitration directly to the local labor administrative department; 5. If the arbitration is not accepted or the arbitration is unfair, a civil lawsuit can also be filed with the court and directly executed through the court's judgment.

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 at a rate lower than the local minimum wage standard; 3) arranging 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.

Interim Provisions on Payment of Wages".

Article 18 The labor administrative departments at all levels shall 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 wages for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard.

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China: (1) disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.; (6) Other labor disputes as provided for by laws and regulations.

Article 9 Where an employer violates the provisions of the State by defaulting on or failing to pay labor remuneration in full, or by defaulting on 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.

Legal analysis: Employees have the right to enjoy labor remuneration if they pay for their labor, and if the employer does not pay the employee's wages, he can complain to the labor inspection brigade or apply for labor arbitration to protect his rights. How to protect your rights:

It is a national labor and social security consultation**. You can call ** to complain. 2. Go directly to the local human resources and social security bureau to complain to the labor inspection brigade.

3. Submit to the Labor Dispute Arbitration Commission for arbitration. The law clearly stipulates that in the event of a labor dispute, the employee may negotiate with the employer, or ask the labor union or a third party to negotiate with the employer to reach a settlement agreement.

Legal basis: Labor Dispute Mediation and Arbitration Law of the People's Republic of China Article 4 In the event of a labor dispute, the worker may negotiate with the employer, or invite the labor union or a third party to negotiate with the employer and reach a settlement agreement.

Legal analysis: In the case of arrears of wages by the employer, the employee should first negotiate with the employer, and if the negotiation cannot be resolved, the employee can resolve the matter through the following legal channels:

1. Complain and report to the local labor and social security supervision agency.

2. To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application should be submitted to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute.

3. Resolve through litigation. That is, if the worker is not satisfied after labor arbitration, he or she may file a lawsuit with the court; If the labor arbitration award takes effect, the employee who does not enforce it by the employer may apply to the court for compulsory enforcement.

4. If there is an IOU, apply directly to the court for a payment order. If the employer issues an IOU for wages to the employee or reaches a payment agreement and fails to perform the payment obligation as agreed, the employee may directly apply to the people's court for a payment order.

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee 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.

Legal analysis: In the case of arrears of wages by the employer, the employee should first negotiate with the employer, and if the negotiation cannot be resolved, the following legal methods can be resolved: 1. Complain and report to the local labor and social security supervision agency.

2. To apply for arbitration to the local labor dispute arbitration commission, it should be noted that a written application should be submitted to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute. 3. Resolve through litigation. 4. If there is an IOU, apply directly to the court.

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee 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.