In general, if there is a labor contract, some legal means can be used. If there is no labor contract, you can apply for labor arbitration in the labor department by virtue of the salary document. Although it is more troublesome than the formalities without a labor contract, you can also get your own salary back.
Many employees working in private companies sometimes find that because of the imperfect rules and regulations in private companies, it is easy for the boss to default on wages. This is very annoying for employees. So, how to deal with the salary arrears of private bosses? Who can report the salary arrears? How can I claim my own salary?
We saw a lot of news reports, such as banners, sitting in meditation, shouting money back at the company's door, and ransacking the company. But in the end, most of these people not only did not take back their money, but also violated the law and were punished.
So today I will teach you how to ask for salary legally! Use the following three steps to protect your legal rights.
Step 1: Collect evidence
For the salary arrears of the company, employees should pay attention to the collected evidence before defending their rights. It mainly includes the following aspects:
Evidence proving the labor relationship between the two parties, salary flow, working years, proof of overtime, attendance records, and the specific amount of labor remuneration in arrears. Not only the labor contract can prove this, but also your monthly salary bank stub, company award certificate, work photos, videos, commute records and social security records.
Step 2: Negotiate with the boss
After collecting the evidence, we can negotiate with the boss and ask the company to pay wages. After all, the company is unwilling to be complained or arbitrated. Because it will also cost them a lot of time and energy, and will also have a negative impact on the company's image. If the company is willing to negotiate, it is best, but if it still cannot reach an agreement, it can only take the legal approach.
Step 3: Legal Approach
The first is complaints. The arrears of wages are managed by the labor law enforcement and supervision team of our country. You can call to complain or go to the scene directly. They will record and supervise and inspect the company. If it is verified, they will order the company to pay arrears of wages and fines.
If you still cannot solve the problem, you can apply for labor arbitration (usually free of fees). When applying for arbitration to claim salary, you can also ask the company to pay compensation based on 50% to 100% of the amount payable. Finally, the compensation is claimed through the arbitration document issued by labor arbitration.
If one of the parties is dissatisfied with the arbitration result after the arbitration result is released, it may bring a lawsuit to the corresponding court with jurisdiction within 15 days, and the court will make a judgment based on the relevant evidence. If the boss company still refuses to execute the ruling after it comes into effect, it can apply to the people's court for compulsory execution according to the effective ruling.
As for the salary arrears of the boss, the law provides many ways to safeguard their rights. As employees, they should actively use the rights granted by the law to ask the boss for salary. Don't think you will lose face when you work in the company, or be afraid of being put on shoes by the boss. Don't wait for the boss to run away. The company will defend its rights when the company is empty. At that time, even if the court supports your claim, it may not enforce the salary arrears, and there is no economic value in a dead letter.
Legal analysis: if private workers do not pay, the parties can solve the problem through the following ways:
1. Complaints are made by telephone to the local labor law enforcement and supervision team, who will supervise and inspect the employer in accordance with relevant laws and regulations and order it to pay the wages in arrears;
2. You can apply to the labor dispute arbitration committee for arbitration and ask for payment of wages. If the labor contract is not signed, you can ask to pay double the salary of the labor contract not signed. If the termination of labor relations is proposed, economic compensation can also be required to be paid;
3. Working for a private boss is also a labor relationship. Collect the evidence of working for the private boss, and then directly go to the court to sue the personal boss for labor remuneration;
4. If you don't have an IOU or a labor contract, you can also entrust a lawyer to negotiate for your salary or send a lawyer's letter to recover it.
Legal basis: Article 50 of the Labor Law of the People's Republic of China shall be paid monthly to the workers themselves in monetary form. Workers' wages shall not be deducted or delayed without reason.
