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First of all, it is necessary to clarify the issue of responsibility, if it is due to personal reasons, such as problems in work handover, resulting in major property losses or hidden dangers of the company, then the individual has the obligation to make up for the lack of this link; If it is due to the company's reasons, such as malicious non-payment of wages, arrears of wages due to poor management, etc., then the company must fulfill its obligations and pay the employee in full according to the labor law. You are perfectly free to protect your legitimate interests.
Second, in line with the purpose of resolving the issue without hurting the peace, the two sides tried their best to resolve the issue through friendly consultations. It is recommended that you communicate with the company to understand the real reason for the company's refusal to pay wages. Sometimes disagreements are often the result of a lack of communication, and people may sometimes be reluctant to face their old colleagues because they have left their jobs.
In fact, compared with personal interests, these are small things, after all, if you pay for yourself, you should get the due return. If you can't reach an agreement with the company's personnel department, you can report to the supervisor or the company's senior management, email, ** are all ways to take.
Third, if the above measures do not work, then you can file a complaint with the labor authority, seek support from the competent authority, and be prepared to go through legal means. It is necessary to keep the relevant evidence, such as labor contract, work card, salary information, proof of social security payment, company name and address, etc., and then go to the labor dispute arbitration department at the district level to submit a written request for labor arbitration. Generally speaking, the labor department will take necessary measures for the malicious non-payment of wages by the enterprise, and there will be a corresponding person in charge to deal with these matters, and after submitting the materials, it will officially enter the labor arbitration process, and the general labor department will first conduct mediation and arrange face-to-face negotiation between the two parties.
When notified by the labor department, the company cannot be absent without a valid reason.
Fourth, if the negotiation fails, the labor department will give a handling opinion, and if it is the company's responsibility, then it will go through the next process, apply to the court for compulsory enforcement, and give the final result.
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If the company refuses to pay the employee after you leave the company, it is a violation of labor law, and you can apply for labor arbitration.
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You can go to the main person in charge to ask for the salary, and if you don't pay it, you can complain to the company, or go through legal procedures, so that's fine.
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You should go to the main person in charge to ask for your salary, and if you don't pay it, you can go through the legal process, so that you can also get your own salary.
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After the company does not pay us, it means that the company is very unreliable, at this time we can find the relevant leaders of the company to talk, or we find the labor arbitration department to sue him.
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Legal analysis: 1. Negotiated settlement. 2. Report to the labor administrative department (usually the labor inspection brigade of the district where the unit is located).
3. Apply directly for arbitration. Collect relevant evidence, apply to the local labor arbitration department for labor arbitration in accordance with the law, and request the company to pay wages. 4. If you are not satisfied with the arbitration result, you can file a lawsuit in the court within 15 days after getting the arbitration letter.
Legal basis: Labor Law of the People's Republic of China Article 79 After the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration.
If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
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 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.
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Legal Analysis: When an employee leaves the company, the company should pay the labor remuneration due to him so far in accordance with the law. If the employer does not pay wages, the employee can take the following measures to protect his or her legal rights:
1. Raise objections to the relevant person in charge and negotiate freely with them; 2. Complain to the labor administrative department; 3. Initiate mediation or arbitration with relevant units; 4. File a lawsuit to resolve the problem of wage arrears through litigation procedures.
Legal basis: Ming Yubo, 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 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.
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How to protect the rights of the company if it does not pay wages after leaving the company?
1.Generally, in the first month after the employee leaves the company, the company will pay the employee the salary in full, and no later than three months. If you leave your job for three months without getting a penny of pay, then it is certain that the company will not pay you on purpose.
If you don't take the initiative to ask for it, there is a high probability that you will not be paid. At this time, the company is still operating normally, which means that the company still has financial support, and you have to hurry up and negotiate with the boss to ask him to pay you the arrears of wages. Communication and negotiation, whether it is on-the-job or off-the-job, arrears of wages or arrears of wages for no reason, you can communicate with the person in charge of the unit first.
2.Find out whether the arrears of wages are caused by some force majeure factors, clarify the reasons for the arrears of wages, and resolve them through formal channels permitted by law. You can go to the local labor bureau to file a labor inspection complaint, which is relatively simple.
You can apply to the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau for arbitration. To put it simply, you can apply for labor arbitration and ask the employer to pay wages. This method is the simplest and most effective, but there are many procedures that require workers to prepare sufficient evidence, as well as the guidance of professionals.
If wages are in arrears, they can eventually claim financial compensation. Go to the Labor Inspection Brigade to complain and report.
3.Complaints are generally made in writing and sent to the District Labor and Social Security Supervision Brigade in person, or they can be reported by calling 12333. The labour inspectorate will order the company to make corrections.
The third is to claim wages through arbitration and litigation procedures. Apply to the local labor arbitration institution for arbitration, pay attention to the time limit for applying for arbitration, and submit a written application to the labor dispute arbitration commission within one year. After the arbitration, if the employee is not satisfied with the result of the labor arbitration, he or she may file a lawsuit with the court within 15 days after receiving the arbitration statement.
It should be noted that if the employer does not make corrections after reporting to the labor inspection brigade. At this point, if you apply for arbitration, you can claim 50% to 100% of the additional damages. This will protect your rights and interests to the greatest extent.
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If the unit does not pay wages, you can first complain to the local labor law enforcement inspection brigade, and they will supervise and inspect in accordance with the "Labor and Social Security Supervision Regulations" and order corrections; If this is not possible, you can directly apply for labor arbitration to the labor administrative department to protect your legitimate rights and interests.
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Enter in-depth communication with the company in advance to understand the real reason for not paying wages, if not, you can go to the labor inspection brigade to report, and immediately ask the company to pay the employee in arrears of wages, and pay twice as much as the arrears of wages
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If you can't negotiate, you can report to the local labor inspection department, or you can sue to protect your rights in accordance with the law.
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In this case, you should report to the police in time and complain to labor arbitration, because the company's behavior has harmed the legitimate rights and interests of employees and violated the relevant provisions of the labor law.
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You can report to the relevant departments, apply for labor arbitration, and ask the other party to pay wages and claim compensation.
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After the employee leaves the company, if he or she makes a major mistake during his or her employment, if the employer has evidence to prove it, the employee is required to bear the responsibility, and if the employee refuses to assume the responsibility, the employer may apply for labor arbitration and require the employee to pay certain compensation.
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 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 90 of the Labor Contract Law of the People's Republic of China If an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction agreed in the labor contract, causing losses to the employer, he shall be liable for compensation.
Article 16 of the Interim Regulations on the Payment of Wages If an employee causes economic losses to the employer due to his or her own reasons, the employer may require the employee to compensate for the economic losses 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.
The company is in arrears of wages, and it is unreasonable for the company to claim compensation for his losses after normal resignation. The resignation shall be handled in accordance with the resignation procedure, and the company shall clear the arrears of wages in a timely manner, and the employee shall not be held liable. Resignation needs to be applied for 30 days in advance, the company can go through the resignation procedures after approval, without application and approval, unauthorized resignation, the company will investigate the losses and responsibilities caused by this.
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