If the earnest money and wages are in arrears, will the earnest money paid at work be refunded?

Hello, to the problem you described, the lawyer replied as follows:

First of all, you need to confirm the facts of the employment relationship with the employer, such as pay stubs, attendance records, and documents in the course of work.

Secondly, after the employment relationship is confirmed, the employer may be required to pay back wages for the illegal act of arrears of wages. And the earnest money should be refunded.

Third, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

1. It is illegal for the unit to receive sincerity money and must be returned.

Legal basis. Article 9 When an employer recruits a worker, it shall not seize the worker's resident identity card and other documents, nor shall it require the worker to provide a guarantee or collect property from the worker in any other name.

Article 84 Where an employer violates the provisions of this Law by seizing a worker's resident identity card or other documents, the labor administrative department shall order the worker to return the worker within a specified period of time and impose a penalty in accordance with the relevant laws and regulations.

If an employer violates the provisions of this Law by collecting property from a worker in the name of guarantee or other means, the labor administrative department shall order the worker to return it within a specified period of time and impose a fine of not less than RMB 500 but not more than RMB 2,000 per person; If any damage is caused to the worker, he shall be liable for compensation.

Where a worker dissolves or terminates a labor contract in accordance with law, and the employer seizes the worker's file or other items, it shall be punished in accordance with the provisions of the preceding paragraph.

2. If the employer does not sign a written contract, it can claim double salary compensation.

Legal basis. Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

3. It is illegal for the unit to fail to pay labor remuneration in full and in a timely manner.

Legal basis. Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; 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.

First of all, it is illegal to collect sincerity money, and secondly, there are receipts and official seals of the unit, you can go to the local labor arbitration, he will give you a reply, illegal things, no one dares to help him, you can rest assured, now is a society under the rule of law, if the labor bureau does not give you a reply, you can go to the next level of labor arbitration, within 15 working days, must reply.

If you are not satisfied with the result of the labor arbitration, you can also file a civil lawsuit with the court; The recording of the conversation with the relevant leaders of the company can also be used as evidence to prove the labor relationship, as well as the witness testimony of the company's colleagues, the proof of service to customers, the contract stamped by the company, the power of attorney, the income certificate and other documents. If the photo can be combined with the work scene, there is the testimony of the colleague in the group photo, the work card on the ** and other evidence, it can also prove the labor relationship.

The key is to have evidence.

Is there a contract? Is there an agreement? Is there any evidence?

If there is salvation, because evidence is fact, no matter how good the relationship is, black and white cannot be reversed.

Fucking sincerity money is an unreasonable charge, and if there is evidence that he took your money, you can get it back through legal channels.

It is illegal for the company to collect earnest money, so you can go to the labor bureau to complain.

You can go to the labor office and complain.

If you should return it, you should not return it to the Labor Bureau.

According to the second paragraph of Article 84 of the Labor Contract Law of the People's Republic of China, if an employer collects property from an employee in the name of guarantee or other means in violation of the provisions of this Law, the labor administrative department shall order the employee to return it within a specified period of time and impose a fine of not less than RMB 500 but not more than RMB 2,000 per person; If any damage is caused to the worker, he shall be liable for compensation.

It can be seen that it is illegal for a unit to collect property from an employee in the form of a deposit, guarantee, including earnest money, etc., and it can be reported to the labor inspection department to protect its legitimate rights and interests.

Can you do it, you'll have to try it yourself to find out. See if you have some relevant evidence. No, you can consult someone who understands the law, such as a legal partner. In the past, I had friends who were in arrears of wages, and they were all helped to settle them there.

Hello question. Well, what should I prepare for labor arbitration?

Question: Is the labor arbitration application form filled out at the labor bureau?

Question: Then when I go, I have to prepare my ID card, and then what else.

The deposit is only an advance payment and does not meet the conditions for revenue recognition.

If the sales or services agreed in the contract have been completed, the deposit can be offset against the sales or labor payment when the income is recognized, and the income can be counted as income, or if the contract is not performed, the deposit can be converted into liquidated damages income, which is counted as non-operating income.

The deposit received at the time of signing the contract cannot be credited to the income of the enterprise, but to other payables.

If you pay for the goods with a deposit in the end, you can enter the income.

Income determination conditions.

1. The enterprise has transferred all the main risks and rewards of ownership of the goods to the purchaser.

Second, the enterprise neither retains the right to continue management, which is normally associated with ownership, nor does it exercise control over the goods sold.

3. The amount of income can be reliably measured.

Fourth, the relevant economic benefits are likely to flow into the enterprise.

5. The relevant costs incurred or to be incurred can be reliably measured.

Indispensable.

Sincerity money is refundable, but deposit is non-refundable. There is nothing to pay attention to when paying a deposit, just think clearly about it, the receipt must be typed, and the documents must be verified.

If you are asked to pay money such as a deposit or medical examination fee, it is a scam Don't believe it.

Don't believe it, Foshan 58 Express Transport, deceive the dead and don't lose money.

You can contact the customer service of the 58 official website, and if the customer service says that it will be charged, it should be credible.

However, it is important to ensure the reliability and security of the trading platform to avoid transferring to other third-party platforms.

58 Home Express Charges].

There may be some differences between different models in different places, and here Nethero takes Beijing as an example.

There is no charge for the waiting time within 1 hour, and an additional 20 yuan will be charged for every half hour after that, and less than half an hour will be counted as half an hour.

Calculated by vehicle type:

Additional Fee Billing Standard:

The billing rates are all different. First of all, according to different models, to develop different **. And the most important point is that in addition to the car rate, there are also two types of distance charge. Regarding the surcharges, it is the same as that of a regular freight company.

It doesn't matter if you pay 500 yuan, as long as you have a receipt, it's no problem.

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Why should you be deducted 1,000 yuan.

It depends on where you are, if it is Shenzhen and Guangzhou, there is basically no way to cry, if in Shanghai, Beijing, these first-tier cities, basically this incident does not happen, you can go to the local labor bureau to complain about them, but the time is relatively long, and it will take a month to help you resolve the problem at the earliest

With a lesson, you have to be smart next time.

Absolutely not legal.

1. Do not sign a labor contract;

2. You can't deduct money casually.

1. Even if there is no labor contract, it is considered employment. In line with the employment relationship.

2. Check your local minimum wage standard, I feel that 1000 is too low, and it should not meet the minimum standard requirements.

3. There should be social insurance when you join the company, and it is illegal to pay it after 3 months.

5. According to the above situation, you ask the company to pay you a salary above the local minimum wage standard.

6. Make up for your social insurance, starting from the beginning of your entry.

7. The company is required to pay you double wages for the months without signing the labor contract, that is, double wages for 6 months.

8. If the company does not pay you, you should be prepared to go to the arbitration department of the local labor bureau to arbitrate the attendance record or work permit and other things that can prove your work identity to ensure that you can win the lawsuit.

If you have any questions, you can call me.

It is only agreed in the contract, and if it does not violate laws and regulations, it can be required to pay by the unit.

If the contract is not signed, double salary compensation and supplementary insurance will be paid within one year from the second month.

First of all, you need to find out about your local minimum wage standard to see if your salary meets this standard.

Secondly, how your salary is paid, and you should keep the evidence of salary payment.

Including your sign-in sheet, work card, etc., you should keep all the evidence that meets the requirements of the Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations (Lao She Bu Fa [2005] No. 12) and can prove that you and the employer have an employment relationship.

Then you can go to the local labor inspection department to complain, now the social insurance payment belongs to the administrative management piece, anyway, our arbitration department is not responsible, you can go to the labor inspection to complain first, they have administrative law enforcement power.

This kind of sales behavior itself is illegal, and the development company's behavior also violates the Labor Contract Law, and you can sue the Labor Bureau, but the Labor Bureau does not support the illegal sales. This kind of insincere company can leave, and if you continue to do it, your customers will find you trouble due to the delay in delivery.

I joined the company on October 13, 2009, and in February 2010 they signed a labor contract for me and paid me medical insurance in March of the same year. Pension, unemployment at all, in April and May, I deducted 200 yuan from the deposit of work uniforms, and since June, I have worked late every day, and I have never left work on time, and I am tired and sick, so I have to resign so I have to wait for 30 days?

I resigned almost a month in advance, and the boss still cheated people again and again and did not pay them, and you can only ask for people like this every day.