Complaints to the labor supervision department can also be directly applied for labor arbitration when necessary to safeguard legitimate rights and interests.
Collect evidence of labor relations. You can ask the boss to write an IOU. If the boss is unwilling to issue an IOU, the migrant workers can prove the existence of labor relations by other means, such as attendance, chat records, etc;
1. Labor contract. Generally, if you work for the boss, you will sign a labor contract in advance, and then agree on the salary and dry goods content. With a labor contract, you can prove the existence of labor relations;
3. Worker certification. Workers can be asked to write witness testimony to prove the existence of labor relations between the migrant workers and the boss;
4. Save call logs and chat recordings. In general, the boss will call or send messages to the boss when he doesn't pay. You can record the phone call and take a screenshot of the chat record. The boss's acknowledgement of arrears in the chat record can also prove the existence of labor relations between the two parties.
What should I do if I don't give salary to a private employer
1. Local labor law enforcement supervision brigade. The simplest way is to make a complaint by telephone to the local labor law enforcement and supervision team, who will supervise and inspect the employing unit according to the Labor Security Supervision Regulations and order it to pay the wages in arrears. The complaint hotline should be consulted with the local labor department.
2. The local people's court. According to Article 30 of the Labor Contract Law, if the employer defaults or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order according to law, and the people's court shall issue a payment order according to law.
3. Local labor administrative department. The most effective way is to apply for labor arbitration directly to the local labor administrative department (no charge, no lawyer), claim compensation from the unit through the award issued by labor arbitration, and apply to the court for compulsory enforcement if no compensation is made. (Time limit for proposing labor arbitration: 60 days; that is, workers should apply to the labor arbitration commission for arbitration within 60 days from the date of "labor dispute". However, many workers have always wondered how to define "the date of labor dispute". According to the provisions of Judicial Interpretation II of labor disputes, if a dispute is in arrears of wages, a worker receives the "wage refusal" from the employer Shall be calculated from the date of written notice, otherwise, the "date on which the worker claims his rights" shall be taken as the standard.)
4. Civil proceedings in local people's courts. If the labor arbitration is not accepted or the arbitration is unfair, you can also file a civil lawsuit to the court within 15 days, and directly execute through the court judgment.
1、 Work for the private boss without a contract. What should I do if I don't pay
1. If there is no contract for individual work and no money is paid, it is recommended that both parties negotiate first. If the negotiation fails, the relevant evidence of labor relations should be retained, and a complaint should be filed with the labor supervision department or the labor arbitration committee for arbitration; In addition, they can also bring a lawsuit to the people's court. If the other party is found to have property before the lawsuit, they can apply for property preservation. If the other party has signed an IOU, it should be noted that it should file a lawsuit within three years after the expiration of the IOU. According to the regulations, wages should be paid monthly to the workers themselves in monetary form. Workers' wages shall not be deducted or delayed without reason. Wages shall be paid as agreed in the contract, including all expenses such as basic wages, bonuses, allowances and commissions. If it is illegal to delay or withhold wages, you can request full payment and pay 25% of the economic compensation for the part in arrears. If the salary payment date is more than 15 days beyond the contract, it will be considered as arrears.
2. Legal basis: Labor Law of the People's Republic of China
Article 50 Wages shall be paid monthly to labourers themselves in monetary form. Workers' wages shall not be deducted or delayed without reason.
2、 How to compensate for salary arrears
1. If the employer withholds or delays the wages of the workers without reason, in addition to paying the wages of the workers in full within the specified time, it shall also pay economic compensation equivalent to 25% of the wages;
2. The labor administrative department shall order the payment of labor remuneration, overtime pay or economic compensation for the cancellation or termination of labor contracts within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If it fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the worker at the rate of 50% to 100% of the amount payable.
