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If the boss fails to pay wages in arrears, the employee can file a complaint with the inspection brigade of the local labor bureau. If the complaint is ineffective, you can apply for labor arbitration, and if you are not satisfied with the award, you can also file a lawsuit with the local people's court and apply for a payment order.
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What should I do if my boss is in arrears for several years and does not pay me? For example, if you go to the labor bureau to apply, generally speaking, if you go to him, there is evidence and material evidence, and if there is that kind of labor contract, it will definitely be enforceable.
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Report to the police, apply for labor arbitration, and if necessary, apply for legal aid to prosecute.
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The boss did not pay him for several years in arrears of wages, and went directly to the court to sue him.
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Summary. In the case of wage arrears, it is necessary to negotiate with the employer first, and if the negotiation cannot be resolved, it can be resolved 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 60 days from the date of occurrence of the labor dispute; (3) Resolve through litigation.
This is divided into three situations: first, for labor dispute cases, if any party is dissatisfied after labor arbitration, it can file a lawsuit with the court; Second, if the employer does not enforce the labor arbitration award after the arbitration award takes effect, the migrant worker may apply to the court for compulsory enforcement; Third, those who belong to the category of labor arrears can directly file a civil lawsuit with the court.
What should I do if the boss does not pay wages for several years, how to consult.
In the case of wage arrears, the employer should first negotiate with the employer who used the employee, and if the negotiation cannot be resolved, it can be resolved 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 60 days from the date of the labor dispute; (3) Resolve through litigation. This is divided into three cases:
First, for labor dispute cases, if either party is dissatisfied after labor arbitration, it may file a lawsuit with the court; Second, if the employer does not enforce the labor arbitration award after the arbitration award takes effect, the migrant worker may apply to the court for compulsory enforcement; Third, those who belong to the category of labor arrears can directly file a civil lawsuit with the court.
The compensation for the employer's arrears of wages is calculated on a case-by-case basis. If the employer does not pay wages within the specified time, it shall pay an additional compensation of 25% of the salary remuneration; If the employer still fails to pay wages within the time limit of the labor administrative department, it shall pay additional compensation to the employee at the rate of 50% to 100% of the amount. Legal basis:
Article 9 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes stipulates that if an employer violates state regulations by defaulting on or failing to pay labor remuneration in sufficient amount, or in arrears in 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 the law. Article 17 of the Regulations of the People's Republic of China on the Supervision of Labor and Social Security: The investigation of violations of labor security laws, regulations or rules by the administrative department of labor security shall be completed within 60 working days from the date of filing the case; If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.
Can you elaborate on the specific facts of the case?
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If the boss fails to pay wages in arrears, the employee should negotiate with him in a timely manner and agree on a clear payment period and payment method; If the negotiation fails, you can immediately complain to the labor bureau; or apply for labor mediation and labor arbitration in accordance with the law.
1. Does labor arbitration go to the labor bureau?
Employees should apply for labor arbitration at the labor dispute arbitration committee within the local Human Resources and Social Security Bureau (formerly the Labor Bureau). After reaching a mediation agreement, if one party fails to perform the mediation agreement within the time limit agreed in the agreement, the other party may apply for arbitration in accordance with the law.
2. The company that signs the labor contract does not give the employee a rental contract.
If the company does not give the employee a contract after signing a labor contract, the employee can file a complaint with the labor and social security supervision department, arbitrate with the arbitration bureau, and file a lawsuit with the people's court.
First of all, if the company does not handle the labor contract, the employee should promptly complain and report to the labor and social security supervision department, and pay attention to collecting evidence when making a claim for rights protection.
Second, labor arbitration is a pre-procedure for initiating legal proceedings for 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 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.
Finally, the provisions of this Law shall apply to the people's courts accepting civil lawsuits brought by citizens, legal persons, other organizations, and between them on the basis of property and personal relations.
3. How to solve the problem of not signing a contract and not paying wages at work.
1. You can negotiate with the work unit, and if the negotiation is successful, both parties can draft and sign a wage payment agreement or immediately ask the work unit to pay wages. 2. If the negotiation fails, you can report to the labor bureau where the work unit is located, and the labor bureau will arrange someone to mediate. 3. If it is useless to report, you can apply to the Labor Deficiency and Training Arbitration Committee of the work unit for arbitration and request the payment of wages.
Article 5 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes provides that 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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Legal Analysis: It is a violation of the law for the boss not to pay the salary. For this problem, we can first negotiate with the boss, and if we can negotiate successfully, it is the best.
If negotiation fails, we can file a complaint with the labor department or apply for arbitration at the scumbag. If you are not satisfied with the arbitration result, you can also file a lawsuit in the people's court. However, if the boss's failure to pay wages is a special circumstance stipulated by the relevant laws of our country, we must fully understand.
Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
The term "unjustified arrears" here should be understood to mean that the employer deliberately fails to pay the employee's wages within the specified time without justifiable reasons.
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Legal analysis: The boss does not pay wages, and it is an illegal act to file pants. For this problem, we can first negotiate with the boss, and if we can negotiate successfully, it is the best.
If negotiation fails, we can file a complaint with the labor department or apply for arbitration. If you are not satisfied with the arbitration result, you can also file a lawsuit in the people's court. However, if the boss does not pay the salary, it is a special circumstance stipulated by the relevant laws of our country, and we must fully understand it.
Legal basis: Labor Law of the People's Republic of China Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
The term "unjustified arrears" here should be understood to mean that the employer deliberately fails to pay the employee's wages within the specified time without justifiable reasons.
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Legal: What should I do if my boss owes me wages?
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How to deal with the arrears of wages owed by private bosses.
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What should I do if my boss owes my wages? You can go to the labor office to file a complaint.
Negotiation, if the negotiation fails, you can go to the local court to sue. >>>More
The solution to the non-payment of unpaid wages: >>>More
If the employer is in arrears of wages, the employee can file a complaint with the labor administrative department or directly apply for labor arbitration. If you complain to the labor administrative department, you should go to the labor inspection brigade in the urban area to complain about the company's wage arrears, and the labor inspection brigade will accept it, leave the relevant information of the complainant, and then contact the complained company to investigate and understand, if the situation is true, the labor inspection brigade will come forward to mediate, and require the complained company to correct its violation of the labor law and other relevant laws and regulations within a time limit, if the company refuses to implement, the labor inspection brigade will apply to the court for compulsory enforcement, and punish the unit. Wage arrears are a common problem that employees can solve with the following methods: >>>More
Hello dear, glad to answer for you. First, you can find the law enforcement brigade of the Human Resources and Social Security Bureau, and the law enforcement supervision brigade of the Human Resources and Social Security Bureau is the administrative department responsible for the wage of migrant workers. >>>More
Legal analysis: If the company has not paid wages in arrears, it can first negotiate with the company or reach a settlement, and if the negotiation fails or cannot reach a settlement, you can apply to the mediation organization for mediation; It is also possible to apply to the labor dispute arbitration commission for arbitration, and if you are not satisfied with the arbitration award, you can file a lawsuit with the people's court. According to the law, the employer shall pay the labor remuneration of the employee in full, and if the employer fails to pay the labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state, the labor administrative department shall order the employee to pay the labor remuneration, overtime pay or economic compensation within a time limit. >>>More