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If you don't pay your wages in arrears, how can you get your wages back if you don't have a labor contract.
1. You can apply for labor arbitration and require the employer to pay you the arrears of wages, deposits, economic compensation, double wages for unsigned labor contracts (starting from the second month of employment, up to 11 months), overtime wages, etc.; Counting from the time you leave your job, the statute of limitations for labor arbitration is one year!
2. Labor disputes, the premise is that there is evidence to prove the labor relationship, such as the company's name of the tooling, work permit or work card (preferably stamped with the official seal), salary card transaction records, salary slips, attendance records, social insurance payment records, colleague testimony (resignation and in-service can be), audio and video recordings or other written materials with your name and official seal or the boss's signature, etc. (including the work card with the official seal, social insurance payment records, documents with your name and official seal, and one is sufficient to prove the labor relationship);
3. When applying for labor arbitration, you need to bring the arbitration application, a copy of your ID card, relevant evidence, and a copy of the employer's business registration information or business license (registration information is not required in Beijing)! After the case is filed, **, and then mediated, and the arbitration committee fails to issue an award if the mediation fails;
4. If you are not clear about the law, it is recommended to entrust a professional lawyer in time to provide you with legal help.
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If the litigation claim does not involve other disputes in the labor relationship, it shall be regarded as a dispute over arrears of labor remuneration and shall be resolved in accordance with the civil dispute, so the labor bureau may not care, and the employee may directly file a lawsuit with the people's court with the employer's wage IOU as evidence. Wages are the consideration for labor payment and the basic obligation of the employer in the labor contract. If the employer defaults or refuses to pay wages, it will lead to the failure of the fundamental purpose of the employment contract and constitute a fundamental breach of contract.
The employee may terminate the contract at any time according to the circumstances and require the employer to bear the liability for breach of contract. The employee may request the employer to pay the employee additional compensation at the rate of 50% to 100% of the amount payable, i.e., all the amount payable, including the amount after the fine.
Article 30 of the Labor Contract Law of the People's Republic of China stipulates that an employer shall, in accordance with the provisions of the labor contract and state regulations, pay 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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The Labor Bureau belongs to the first department, and the wages are paid by the state finance, and if the wages are in arrears, you can only wait, and you must believe that the first will solve this problem as soon as possible.
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Generally speaking, the labor bureau will not owe the company, after all, they are the supervision department, they are really in arrears, you can find the higher unit to report.
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The Labor Bureau belongs to the national ** department, and the wages are paid by the national financial department, and the wages of employees are never in arrears.
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In general, there are the following ways to deal with wage arrears:
Negotiate with the unit, and the unit will pay the employee's salary;
Complain to the local labor inspection brigade, and after coordination, the unit pays the employee's salary;
Apply for labor arbitration, and the unit will pay the employee's wages after the award;
If the unit refuses to pay after the ruling, it may apply for transfer to the court for compulsory enforcement.
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What you are asking should be the Labor Bureau, and then what should you do if your company owes wages? Is this the problem of your question? The Labor Bureau is in arrears of wages, and the Labor Bureau is the national human resources management department, how can he delay your salary?
Then the company delays your salary, and you go directly to labor arbitration, not to the labor bureau.
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If the labor bureau is in arrears of wages, it can go to court to settle the matter, but this kind of thing is rare.
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What to do if the labor bureau owes wagesI think that the labor bureau is in arrears of wages, of course, I can file a complaint with the labor arbitration committee.
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The Labor Bureau is a state institution and will never be in arrears with the wages of its staff
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1. Preliminary review of the appellant's materials to determine whether to file the case. 2. File a case - contact the above-mentioned person to see if he agrees to mediation. 3. Agree, arrange for both parties to meet, mediation.
If you disagree, you will enter the trial session. 4. Both parties are required to submit evidence in accordance with the notice of proof. 5** Trial.
6 give the verdict.
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The Labor Bureau generally has the following methods to deal with wage arrears: 1. Reach an agreement with the unit to pay the employee's salary. 2. Complain to the local labor inspection brigade, and after coordination, the unit will pay the employee's salary. 3. Application.
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If the labor bureau is in arrears of wages, the worker can negotiate with the labor bureau to settle the problem; If the negotiation fails, the employee may apply to the labor arbitration commission for arbitration; If they are not satisfied with the arbitral award, they shall file a lawsuit with the people's court for resolution. Or you can file a complaint with the labor bureau at the next higher level.
[Legal basis].Article 5 of the Law on Mediation and Arbitration of Labor Disputes.
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 Kaiju Mediation Organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform the mediation agreement after the mediation agreement is reached, he may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
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There are the following ways to deal with wage arrears:
1. Negotiate with the unit, and the unit will pay the employee's salary.
2. Complain to the local labor dynamic monitoring team, and after coordination, the unit will pay the employee's salary.
3. Apply for labor arbitration, and the unit will pay the employee's wages after Pibu has passed the ruling.
4. If the unit refuses to pay after the ruling, it can apply for transfer to the court for compulsory enforcement.
Legal basis] 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; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
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In general, there are the following ways to deal with wage arrears:
1. Negotiate with the unit, and the unit will pay the employee's salary.
2. Complain to the local labor inspection brigade of Dangchong, and after coordination, the unit pays the employee's salary.
3. Apply for labor arbitration and pay the employee's wages after the ruling.
4. If the unit refuses to pay after the ruling, it can apply for transfer to the court for compulsory enforcement.
Legal basis] According to Article 5 of the Law on Mediation and Arbitration, 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 the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
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1. Negotiate with the unit, and the unit will pay the employee's salary. 2. Complain to the local labor inspection brigade, and after coordination, the unit bureau will pay the wages of the employees. 3. Apply for labor arbitration, and the unit will pay the employee's wages after the award.
4. If the unit refuses to pay after the ruling, it can apply for transfer to the court for compulsory enforcement. Article 30 of the Law of the People's Republic of China on Pre-Labor Contracts 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 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.
The Labour Inspection Brigade of the Social Security Bureau is in charge of this matter.
The boss is in arrears of wages, and it is useful to go to the labor bureau to complain. Article 18 of the "Several Provisions on the Implementation of the Regulations on the Supervision of Labor Security" shall accept complaints that meet the following conditions in accordance with the law within 5 working days from the date of receipt of the complaint, and file a case for investigation and punishment on the date of acceptance: (1) the violation of the labor security law occurs within 2 years; (2) There is a clear employer against which the complainant is complained, and the infringement of the complainant's lawful rights and interests is caused by the violation of the labor security law by the respondent employer; (3) It is within the scope of labor security supervision and is under the jurisdiction of the labor and social security administrative department that accepts the complaint. >>>More
1. You can go to the local labor bureau to complain about the labor inspection. >>>More
There is no specific time for this, and labor arbitration cases are generally concluded within 60 days. If the other party does not enforce the judgment after the judgment, it will also apply for compulsory enforcement. >>>More
Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes 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.; >>>More