Ask industry insiders to help solve the problem of wages after temporary workers are not working

That is, there is no contract. The company has broken the law and the situation is in your favor.

Your kind of problems are mainly solved by the Labor Law and the Labor Contract Law.

1. You didn't sign a contract, did you? According to Article 82 of the Labor Contract Law, if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. 。You can ask for double wages.

2. You haven't paid for a month and a half? According to Article 38 of the Labor Contract Law, an employee may terminate a labor contract under any of the following circumstances: (2) the employee fails to pay the labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law;

3. Do you work 12 hours a day? According to Article 36 of the Labor Law, the State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours. Article 41 Due to the needs of production and operation, an employer may, after consultation with the labor union and the workers, extend the working hours, which shall generally not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.

There is an overtime pay of 150 for overtime on weekdays, 200 on weekends and 300 on national holidays, and you can ask for overtime pay.

4. Are you going to sue him? China implements pre-arbitration for labor relations, that is, if you want to sue the labor unit, you must first apply to the labor arbitration commission for arbitration. Therefore, if you want to defend your rights, it is recommended that you apply for arbitration at the local labor arbitration commission. I wish you success in defending your rights!

The Labor Contract Law stipulates that an employee must notify the employer 30 days in advance of his resignation.

If it is not appropriate for the company to require a 12-hour working day, the employee may refuse or demand payment of 150% of the wages for 4 hours other than 8 hours.

If you want to file a lawsuit with your employer, you should pay attention to saving evidence that you are an employee of the employer, how much is your salary per month, and how long you have worked. You can also report to the Labour Inspection Brigade.

Since you don't have a contract, you can collect proof that you work for the unit, such as a pass, badge, and tooling.

Legal analysis: The wages of the company's temporary workers shall be paid in accordance with the wages agreed in the labor contract or orally agreed, and the amount of wages shall not be lower than the local minimum wage standard.

Legal basis: Labor Law of the People's Republic of China

Article 46 The distribution of wages shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented.

The level of wages has been gradually raised on the basis of economic development. The state implements macroeconomic regulation and control over the total amount of wages.

Article 47 An employer shall, on the basis of the characteristics of its production and operation and its economic benefits, independently determine the wage distribution method and wage level of its unit in accordance with law.

Article 48 The State shall implement 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.

If the employer is in arrears of wages, he or she can file a complaint with the security supervision brigade of the labor department, or directly apply for labor arbitration. First of all, you should go to the labor bureau in the city where you are located to file a complaint against your company, and the labor inspection brigade will file a case and leave your basic information. Then go to your company to investigate and understand, if the matter is true, they will come forward to mediate, and warn you that the company's behavior has violated the labor law, and they will fight to prevent the implementation of the company that refuses to implement it.

Wage arrears are a common problem that workers can solve by the following methods:1Report to the labor administrative department (usually the labor management inspection brigade).

2.You can also apply for arbitration directly (the arbitration fee is 200-300 yuan, and if you win, all will be borne by the company). 3.

If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter. 4.According to the provisions of the state, in the event of arbitration or litigation, you may request that the wages and remuneration of the employee be paid in full within the prescribed time, and that an additional economic compensation equivalent to 25% of the wages and remuneration be paid.

According to Article 26 of the Regulations on the Supervision of Labor and Social Security, if an employer commits any of the following acts, the labor and social security administrative department shall order the employee to pay the employee's wages and remuneration, the difference between the employee's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable: (1) deducting or defaulting on the employee's wages and remuneration without reason; (2) The wages paid to the laborers are lower than the local minimum wage standard; (3) Terminating a labor contract without giving economic compensation to the worker in accordance with law. , Legal basis:

Article 26 of the Regulations on the Supervision of Labor and Social Security Article 26 Where an employer commits any of the following acts, the administrative department for labor and social security shall order the employee to pay the employee's wages and remuneration within a specified period of time, the difference between the wages of the labor-based workers and the local minimum wage standard, or the economic compensation for the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable

1) Deducting or defaulting on the wages and remuneration of workers without reason;

(2) The wages paid to the laborers are lower than the local minimum wage standard;

(3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.

If the temporary worker is not employed, the employer shall pay the salary according to the actual labor of the employee, which can be calculated by using the monthly salary and the actual number of days of attendance. When the two parties terminate the employment relationship, the employer shall pay the employee's wages in a lump sum, and if the employer is in arrears or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order in accordance with the law.

1. What are the provisions on wage arrears?

According to the provisions on wage arrears in 2022, if an employer deducts or defaults on the employee's wages without reason, the labor administrative department shall order the employer to pay the labor remuneration, overtime pay or economic compensation within a time limit. The employer shall, in accordance with the provisions of the labor contract and state regulations, pay the labor remuneration to 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 9 of the Interim Regulations on the Payment of Wages.

When both parties to the labor relationship terminate the labor contract or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

Article 46 of the Labor Law.

The distribution of wages shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented. The level of wages has been gradually raised on the basis of economic development. The state implements macroeconomic regulation and control over the total amount of wages.

Article 50. Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Legal Analysis] If the employer does not pay wages, the worker must first negotiate with the employer, and if the negotiation fails, the following legal channels can be used to resolve it: 1. Complain and report to the local workplace safety supervision agency; 2. Submit an arbitration request to the local labor dispute arbitration and defense committee. It should be noted that a written request must be submitted to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute; 3. Settlement through litigation.

In the case of a labor dispute, if either party is not satisfied after the labor arbitration, you can file a lawsuit in court; If you have complied with the provisions after arbitration, the employee can apply to the court for enforcement if the employer does not enforce the labor arbitration award after the award takes effect; For arrears, a civil lawsuit can be filed directly with the court. If the labor inspection team does not have a result, it is necessary to collect a series of relevant evidence and go to the local labor arbitration commission for labor arbitration to protect their rights and interests.

Legal basis] Article 26 of the Regulations on the Supervision of Labor and Social Security If an employer commits any of the following acts, the administrative department of labor and social security shall order the payment of the employee's wages and remuneration within a specified period of time, the difference between the employee's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable: (1) deducting or defaulting on the employee's wages and remuneration without reason; (2) The wages paid to the laborers are lower than the local minimum wage standard; (3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.