Please ask private employees, no business license and other relevant materials, arrears of wages 10

You can choose one of the following two ways to protect your rights according to your own situation to realize your legitimate rights and interests:

1. Complaints to the Labor Inspection Brigade shall be investigated and dealt with by the Labor Inspection Brigade.

Legal basis: Article 33 of the Regulations on the Supervision of Labor and Social Security: Where there is no business license or whose business license has been revoked in accordance with the law, and there is labor and employment behavior, the administrative department for labor and social security shall carry out labor security supervision in accordance with these Regulations, and promptly report to the administrative department for industry and commerce to investigate and ban it.

Legal documents: Labor inspection complaints.

Respondent: (Write down the registered name on the business license of the respondent unit).

Legal representative Position: Contact**.

Complaints.

Write down clearly who is complaining, what you want to complain about, and what you want to complain about. The complaint should be clear and specific. There are a number of complaint requirements to ·· way to indicate. ）

Facts and reasons.

Indicate when the employment relationship was established, the time, process, and outcome of the complaint. Where there is a demand for payment of wages in the content of the complaint, the amount and calculation method shall be clearly listed. ）

Sincerely. Labour Inspection Brigade.

Complainant: YYYYYYYYYYYYYYYYYYYYYY

Clause. 2. Initiate a civil lawsuit in the people's court.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 A lawsuit must meet the following conditions:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Legal Documents: Civil Complaints.

Plaintiff. Defendant.

Litigation Claims. Facts & Reasons.

Sincerely. ''People's Court.

Person: ''

Date.

The employee can keep the evidence of the employer's arrears of wages and go directly to the court to sue the boss.

If wages are not paid in a timely manner, there are two ways to claim wages:

1. Workers can complain to the local labor bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;

2. You can apply for arbitration at the local labor bureau and demand payment of wages. If you do not have an employment contract, you can also demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

Legal basis: Provincial wage payment regulations. For example:

Article 13 of the Regulations of Guangdong Province on the Payment of Wages Article 13 Where an employer terminates or dissolves a labor relationship with an employee in accordance with the law, it shall settle the settlement and pay the employee's wages in a lump sum on the day of termination or dissolution of the labor relationship.

Article 33 of the Provisions on the Payment of Wages by Enterprises in Shandong Province Where an enterprise dissolves or terminates a labor contract with a worker in accordance with the law, the enterprise shall pay the wages due to the worker in a lump sum when the labor contract is dissolved or terminated.

1. What should I do if the company does not have a business license and owes wages?

1. The handling method of arrears of wages without a business license is as follows:

1) Complain to the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the "Labor and Social Security Supervision Regulations" in accordance with the law, and order it to pay the arrears of wages;

2) Go directly to the local labor administrative department to apply for labor arbitration, and claim compensation from the unit through the award issued by labor arbitration, and if you still do not pay compensation, you can apply to the court for enforcement;

3) If the labor arbitration is not accepted or the arbitration is unfair, you can also file a civil lawsuit with the court within 15 days and claim compensation directly through the court.

2. Legal basis: Article 30 of the Labor Law of the People's Republic of China.

If the employer is in arrears or fails to pay the labor remuneration in full, the laborer 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.

2. What materials do you need to prepare for a lawsuit against arrears of wages without a business license.

The company does not have a business license and the materials that need to be prepared for a wage arrears lawsuit are as follows:

1. Labor dispute complaint in triplicate;

2. Go to the industrial and commercial bureau to inquire about the company's industrial and commercial registration information;

3. A copy of my ID card;

4. Make copies of evidence in triplicate, such as labor contracts or agreements, pay stubs, work badges, clock-in records, witness testimony of colleagues, etc.

In the case of wage arrears by the employer, the employee must first negotiate with the employer, and if the negotiation cannot be resolved, the employee can resolve the matter through the following legal channels: complain and report to the local labor and social security supervision agency. According to the provisions of the Labor Law, if an employer that does not have legal business qualifications is in arrears of wages, the employer or its investors shall pay the wages.

Illegal employment units refer to those that should have obtained a business license but have not obtained a business license, or whose business license has been revoked or cancelled.

Article 93 of the Labor Contract Law of the People's Republic of China shall investigate the legal responsibility of an employer that does not have legal business qualifications for illegal and criminal acts; If the worker has already paid for the labor, the unit or its employer shall 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.

Legal analysis: You can apply for labor arbitration or litigation to settle the problem, and reporting to the local labor inspection department may solve the problem more quickly.

Legal basis: Article 48 of the Labor Law of the People's Republic of China The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record.

The wages paid by the employer to the employee shall not be lower than the local minimum wage.

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 labor remuneration to the worker in full and in a timely manner. If the employer is in arrears or fails to pay the labor remuneration in sufficient amount, 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 44 In the case of any of the above-mentioned circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) If the workers are arranged to work longer hours, the group shall pay wages and remunerations not less than 150% of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.