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Wage arrears can choose to protect their rights by filing labor arbitration.
Article 85 of the Labor Contract Law 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 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.
Article 276-1 of the Criminal Law of our country stipulates: Whoever evades the payment of laborers' labor remuneration by means such as transferring property or escaping, or has the ability to pay but fails to pay laborers' labor remuneration, and the amount is relatively large, and the payment is still not made after being ordered to do so by the relevant departments, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.
Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.
Where there are acts in the preceding two paragraphs, but serious consequences have not yet been caused, and the laborer's labor remuneration is paid before the public prosecution is initiated, and the corresponding liability for compensation is borne in accordance with law, the punishment may be commuted or waived.
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When you go to the court to litigate, the court is talking about who accuses and who will present evidence, and you need to provide corresponding evidence, such as the wage contract between you and the boss, and the fact that you work for the factory. As for not having a registered business license, you can report it to the administrative department for industry and commerce, which will investigate and deal with it, and the financial department of the factory will also give priority to the compensation of employees' wages.
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If you can't apply for arbitration, if you don't have a business license, you won't be qualified to use it, if you are not a company or an enterprise, and if you don't have an arbitration theme, the labor arbitration department will not accept it, and you can go to the labor inspection brigade.
Legal basis: Mold.
Regulations on Individually-Owned Businesses
Article 2 Citizens who have the ability to operate and who have been registered with the administrative department for industry and commerce in accordance with the provisions of these Regulations and are engaged in industrial and commercial operations shall be individually-owned industrial and commercial households. Sole proprietorship can be operated by individuals or families. The lawful rights and interests of individual industrial and commercial households are protected by law and must not be infringed upon by any unit or individual.
Article 8 To apply for registration as an individual industrial and commercial household, it shall apply for registration to the registration authority of the place where the business premises are located. The applicant shall submit an application for registration, proof of identity and proof of business premises.
The registration items of individual industrial and commercial households include the name and address of the operator, the form of composition, the scope of business, and the place of business. Where a name is used by an individually-owned business, the name shall be a registration item.
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Legal Analysis]: A unit operating without a business license does not belong to the employer as stipulated in Article 2 of the Labor Contract Law, and according to Article 26 of the Labor Contract Law, the labor contract entered into between the unit operating without a business license and the employee is invalid due to the violation of the law by the entity.
However, according to the principle of fairness, if a unit operating without a business license is dealt with in accordance with the law, the workers of the unit who have already paid for their labor shall still receive corresponding labor remuneration. This Law clearly stipulates that if a business unit without a business license is dealt with in accordance with the law by the administrative department for industry and commerce, especially after the business unit without a business license is banned in accordance with the law, and the labor remuneration of the laborer is not paid, the unit or its investor shall pay the labor remuneration to the laborer.
Therefore, even if a unit operating without a business license is banned in accordance with the law, its investors should still pay the labor remuneration of the workers. A unit that has been banned in accordance with the law cannot refuse to pay the worker's remuneration on the grounds that the person who has been banned and does not exist. If the unit or investor refuses to pay, the worker may file a lawsuit with his or her investor as the defendant.
Legal basis: Labor Law of the People's Republic of China Article 93 The illegal and criminal acts of employers that do not have legal business qualifications shall be investigated for legal responsibility in accordance with the law; If the worker has already paid the labor, the unit or its investor shall make a judgment to pay the labor remuneration, economic compensation and compensation to the worker in accordance with the relevant provisions of this Law; If any damage is caused to the worker, he shall be liable for compensation.
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Legal analysis: First of all, you can report to the labor inspection department, and if it is still not effectively resolved, you can apply for labor arbitration.
Legal basis: Company Law of the People's Republic of China
Article 6 To establish a company, an application for establishment registration shall be made to the company registration authority in accordance with the law. If the establishment conditions stipulated in this Law are met, they shall be registered as a limited liability company or a stock company by the company registration authority; If it does not meet the establishment conditions stipulated in this Law, it shall not be registered as a limited liability company or a share****.
Where laws and administrative regulations stipulate that the establishment of a company must be submitted for approval, the approval formalities shall be completed in accordance with the law before the company is registered.
The public may apply to the company registration authority for inquiries into the company's registration matters, and the company registration authority shall provide inquiry services.
Article 7 A business license shall be issued by the company registration authority for a company established in accordance with the law. The date of issuance of the company's business license is the date of incorporation of the company.
The company's business license shall indicate the company's name, domicile, registered capital, business scope, name of legal representative, and other matters.
If there is a change in the items recorded in the company's business license, the company shall go through the change registration in accordance with the law, and the company registration authority shall renew the business license.
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Consequences of not having a business license for a company:
1. If you do not have a business license and engage in business, it is an unlicensed operation, and it will be investigated and banned in accordance with the "Measures for the Investigation and Punishment of Unlicensed Operations";
2. When the administrative department for industry and commerce at or above the county level investigates and prohibits suspected unlicensed business activities, it may exercise the following functions and powers:
1) Order the cessation of relevant business activities;
2) Investigate and learn about the situation from units and individuals related to unlicensed business activities;
3) Entering unlicensed business premises to carry out on-site inspections;
4) Inspecting, copying, sealing, and seizing contracts, bills, account books, and other materials related to unlicensed business operations;
5) Sealing or seizing tools, equipment, raw materials, products (commodities) and other property specially used to engage in unlicensed business activities;
6) Seal up unlicensed business premises where there is evidence that endangers human health, has major safety hazards, threatens public safety, or destroys environmental resources.
Legal basis: Measures for the Investigation and Punishment of Unlicensed Operations
Article 2 No unit or individual may engage in unlicensed business operations in violation of the provisions of laws and regulations.
Article 9 The administrative department for industry and commerce at or above the county level may exercise the following functions and powers when investigating and cracking down on suspected unlicensed business activities:
1) Order the cessation of relevant business activities;
2) Investigate and learn about the situation from units and individuals related to unlicensed business activities;
3) Entering unlicensed business premises to carry out on-site inspections;
4) Inspecting, copying, sealing, or seizing contracts, bills, account books, and other materials that are related to unlicensed business activities;
5) Sealing or seizing tools, equipment, raw materials, products (commodities) and other property specially used to engage in unlicensed business activities;
6) Seal up unlicensed business premises where there is evidence that endangers human health, has major safety hazards, threatens public safety, or destroys environmental resources.
If the employer defaults on its wages, the employee may file a complaint with the local labor inspection department or apply for labor arbitration. 1. If you work for an employer, there are two ways to request payment of wages: 1. The worker can file a complaint with the labor inspection of the local human resources and social security bureau; Pros: >>>More
The first is to collect evidence, including attendance sheets, original pay slips, salary cards, etc., to the labor inspection brigade to complain about the enterprise, and if the effect is not good, you can apply for labor arbitration. The second is to have the idea of choosing your own career, and you must leave resolutely when it is time to leave, after all, drinking the northwest wind is not against famine.
If the employer is in arrears of wages, it may seek recourse in the following two ways: >>>More
In this case, you can remember your clock-in record of working in the company as a record of your work in this company and apply for labor arbitration.
The first step is to collect relevant evidence that you have worked in the company, labor contracts, work documents, work photos, work records, etc., the more the better, the more beneficial it is for you, if you have not signed a labor contract, you can ask for compensation of double wages every month, if you have worked for one year, there is no more, and the law acknowledges that you have signed the contract. >>>More