What should I do if the employee leaves the company and the boss does not pay the salary in arrears

Updated on society 2024-08-13
7 answers
  1. Anonymous users2024-02-16

    If the negotiation with the employer fails, the employee can go to the labor inspection department to report the situation, or apply to the labor arbitration commission to protect his rights and interests.

    Article 30 of the Labor Contract Law [Labor Remuneration] The employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract and the provisions of the state.

    The materials that need to be prepared for labor arbitration are:

    1. Proof of labor relationship, such as: labor contract, brand, employment registration form, etc.;

    2. Proof of resignation time, such as: notice of termination of labor, resignation order, etc.;

    3. The amount of wages and the proof of unpaid, such as: salary slips, salary bank card flows, attendance records, etc.

  2. Anonymous users2024-02-15

    Legal analysisSubmit a written application to the Labor Dispute Arbitration Commission. It is necessary to fill in the statement of claim in duplicate according to the arbitration commission, and attach a copy of the labor contract, ID card and relevant evidentiary materials. Within 7 days from the date on which the parties submit the statement of claim that meets the requirements, the BAC will make a decision on acceptance or non-acceptance, and notify the parties within 7 days from the date of the decision.

    If the two parties reach an agreement, the arbitral tribunal will prepare a mediation statement based on the content of the agreement, and the mediation document will take legal effect on both parties from the date of service. In addition to applying for labor arbitration, you can also file a complaint with the local labor inspection brigade. If the complaint is fruitless, a lawsuit may also be filed with the court.

    Legal basisLabor 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.

  3. Anonymous users2024-02-14

    Legal Analysis:1Negotiate with your boss to settle it.

    2.Apply for labor arbitration to the labor arbitration commission of the local labor bureau or file a complaint with the labor inspection agency, which will order the employer to make corrections.

    3.A lawsuit may be filed in a people's court in accordance with law.

    Legal basis: Labor Law of the People's Republic of China Article 77 In the event of a labor dispute between an employer and an employee, the parties concerned may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law. The principles of conciliation apply to both arbitration and litigation proceedings.

    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 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.

    Article 77 Where a worker's lawful rights and interests in escorting are infringed, he or she has the right to request that the relevant departments handle it in accordance with law, or to apply for arbitration or initiate litigation in accordance with law.

  4. Anonymous users2024-02-13

    1. Negotiate and settle. 2. Report to the labor administrative department (usually the labor inspection brigade of the district where the unit is located). If the company fails to pay the employee's salary on time, the employee may terminate the labor contract at any time and immediately require the company to pay the employee's arrears of wages and 25% of the economic compensation according to the arrears of wages.

    3. You can also apply for arbitration directly. Legal basis: Interim Provisions on Payment of Wages Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum when the labor contract is dissolved or terminated.

  5. Anonymous users2024-02-12

    Summary. Hello, I am honored to answer for you, after leaving the job, the boss is in arrears and does not pay, you can take the following measures to protect your rights and interests:1

    Communicate with your boss: You can communicate with your boss to clearly express your demands and ask for payment of unpaid wages. Can communicate with the boss in writing or verbally, and keep relevant communication records for future use.

    2.Review the employment contract and related laws and regulations: Check the terms of the employment contract you signed with your employer regarding the payment of wages, and understand the provisions of the relevant labor laws and regulations on the payment of wages.

    This will help you understand your rights and your employer's obligations.

    Hello, I am honored to answer the hail book for you, after leaving the boss arrears of wages are not paid, you can take the following measures to protect your rights and interests:1Communicate with the owner:

    You can communicate with your boss to make your demands clear and ask for payment of unpaid wages. Can communicate with the boss in writing or verbally, and keep relevant communication records for future use. 2.

    Review the employment contract and related laws and regulations: Check the terms of the employment contract you signed with your employer regarding the payment of wages, and understand the provisions of the relevant labor laws and regulations on the payment of wages. This will help you understand your rights and your employer's obligations.

    3.Seek help from the labor inspectorate: If communication with your boss is undocumented, you can report it to your local labor inspectorate and ask them to intervene.

    The labour inspectorate can investigate the employer and take appropriate measures to protect your legal rights.

    If you can't be an inch, you can get paid.

    Hello, whether you can get a salary when you can do it, it depends on the evidence we provide and the final negotiation results, if the boss has objections and is unwilling to pay, we can apply for labor Zhong's key dust cut, advocate enforcement.

  6. Anonymous users2024-02-11

    Legal analysis: You can choose to complain to the other party, and the labor law stipulates that you must be paid for one day's work. Arrears of wages can be made to the Labor Bureau.

    The investigation of violations of labor security laws, regulations or rules by the administrative department for labor security shall be completed within 60 working days from the date on which the case is filed; 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.

    Legal basis: Article 9 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of 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.

  7. Anonymous users2024-02-10

    1. Negotiate and settle.

    2. Report to the labor administrative department (usually the labor inspection brigade of the district where the unit is located).

    If the company fails to pay the employee's wages on time, the employee may terminate the labor contract at any time and immediately require the company to pay the employee's arrears of wages and 25% of the arrears of wages as economic compensation.

    3. You can also apply for arbitration directly.

    First of all, you need to confirm the facts of the employment relationship with the employer. Second, after the labor relationship is confirmed, the employer can be required to pay back social insurance and wages. Third, when the employer terminates the labor contract, it shall give the employee one month's notice, otherwise it shall pay one month's severance as a payment in lieu of payment.

    Fourth, if a written labor contract is not signed to pay double wages, a written labor contract shall be signed within one month from the date of employment. Fifth, if an employer terminates a labor contract in violation of the law, it may demand economic compensation, which is twice the amount of the economic compensation. It is recommended to collect relevant evidence in a timely manner, apply to the local labor arbitration department for labor arbitration in accordance with the law, and require the company to fulfill the above obligations.

    If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.

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