If the boss doesn't pay, you can negotiate with the boss first. If the boss refuses to pay or cannot contact the boss, the following methods can be used to solve the problem:
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1. Complaints from the labor supervision department: You can complain to the local labor supervision department for mediation and arbitration.
2. Legal means: If the boss's behavior constitutes an illegal or criminal act, it can be considered to solve it through legal means. In such cases, it is necessary to consult a lawyer and take appropriate legal action.
3. Seek help from the media: If the above two methods cannot solve the problem, you can seek help from the local news media to let more people know the situation and attract attention.
4. Establish good labor relations: In order to prevent this situation, it is recommended to maintain good communication and cooperation with the boss during work and establish good labor relations.
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The fastest and toughest way to ask for salary is as follows:
1. Step 1: Collect evidence of labor relations
One of the reasons why many bosses "recklessly" owe wages is that the employing unit has not signed a labor contract with the workers, and feels that the workers have no evidence to ask for wages, so they blindly default on the wages of workers. Therefore, workers need to collect evidence that can prove that they have a labor relationship with the employer before any wage seeking behavior. For example, labor contracts, attendance and clock in/out records, payslips, work permits, and salary arrears with the company seal;
2. Step 2: Communicate and negotiate with the employing unit on the basis of the evidence of what is different
No matter whether it is settled through legal means or not, negotiation is the fastest solution adopted first. On the premise of collecting relevant evidence, workers can negotiate with the person in charge or the boss of the employing unit about the time, method and amount of wage payment, and demand to pay their own wages;
3. Step 3: Get back your salary legally through legal channels
There are many migrant workers who are forced to hand over their wages in the wrong way because they cannot get their wages for a long time, such as detaining the boss. However, these practices can not only solve the problem of being underpaid, but also lead to criminal punishment, which is not worth the loss. At this time, workers should keep calm, and can first complain to the labor supervision department. If the complaint fails, they can directly apply to the local labor arbitration committee for labor arbitration.
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1、 If you work for an employer, there are two ways to ask for salary payment:
1. Workers can go to the local labor bureau for labor supervision complaints; Advantages: simple. Disadvantages: local law enforcement may not be very strong;
2. You can apply to the local labor bureau (labor dispute arbitration committee of the Human Resources and Social Security Bureau) 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 it is proposed to terminate the labor relationship with the salary in arrears, it can also require the payment of economic compensation.
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How to solve the problem that the boss doesn't pay
1、 How to solve the problem that the boss doesn't pay
1. The solutions for the boss not to pay are:
(1) Negotiate with the boss;
(2) You can apply for labor arbitration and ask the employer to pay you the salary, deposit, economic compensation, double salary of unsigned labor contract, overtime salary, etc. in arrears;
(3) If they are not satisfied with the arbitration result, they may bring a lawsuit to the court;
(4) It may file a complaint with the labor supervision institution, which shall order the employing unit to make corrections.
2. Legal basis: Article 50 of the Labor Law of the People's Republic of China
Wages shall be paid monthly to the workers themselves in the form of currency. Workers' wages shall not be deducted or delayed without reason.
Article 91
If an employing unit infringes upon the legitimate rights and interests of labourers in one of the following ways, the labour administrative department shall order it to pay labourers remuneration and economic compensation, and may also order it to pay compensation:
(1) Deduct or delay wages of workers without reason;
(2) Refusing to pay labourers remuneration for extended working hours;
(3) Paying labourers wages below the local minimum wage standard;
(4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.
2、 What are the consequences of not signing a labor contract
The consequences of not signing a labor contract are:
1. Failure to sign a contract does not exempt the employer from its obligation to pay various social insurance premiums for employees. According to relevant laws and regulations, as long as an employer has engaged in employment and formed a labor relationship with employees, even if no labor contract has been signed, employees will enjoy various rights stipulated in the labor law, and the unit will also have various obligations in the labor law. Among them, paying various social insurance premiums according to law is a mandatory legal obligation that employers cannot exempt. If the unit fails to pay the social insurance premium, the employee can complain to the labor supervision department, and the labor supervision department can order the unit to pay, or even apply to the court for compulsory execution, and punish the employer.
2. The unit shall pay economic compensation according to law when terminating or canceling the de facto labor relationship. According to the provisions of relevant laws, if the two parties have not signed a written labor contract, the employer needs to pay economic compensation to the employee according to law when terminating or terminating the labor relationship. If the economic compensation is not paid according to law, additional economic compensation should be paid. If a labor contract is signed, when the labor contract expires, the employer and the employee terminate the labor contract, no economic compensation is required to be paid.
3. The employee can terminate the labor contract at any time without any liability for breach of contract or compensation. If both parties have signed a labor contract, the employee must notify the unit in writing 30 days in advance if he/she wants to terminate the labor contract in advance. Otherwise, he/she will terminate the labor contract in violation of the law and cause losses to the unit, and he/she should be liable for compensation in accordance with the law. If the labor contract stipulates that the employee is liable for breach of contract by terminating the labor contract in advance, the unit can also require the employee to bear the liability for breach of contract according to law. However, if the unit does not sign a labor contract with the employee, the employee can not only terminate the labor contract at any time, but also does not need to bear the liability for breach of contract or compensation to the unit.
4. Not signing a labor contract is not conducive to the protection of business secrets by the unit. One of the elements of trade secret is that the unit must take certain confidentiality measures for the so-called trade secret. It is one of the manifestations of taking confidentiality measures for trade secrets to stipulate confidentiality clauses or sign special confidentiality agreements in labor contracts. If no confidentiality clause or confidentiality agreement is signed to clarify the scope and legal responsibility of confidentiality, it will be difficult for the unit to prove which are trade secrets and whether it has taken confidentiality measures for the so-called trade secrets it claims, which may not be recognized as trade secrets. This is very unfavorable to the development of enterprises.
5. The unit shall be liable for compensation for the loss of employees caused by failure to sign labor contracts. If the unit deliberately delays the conclusion of a labor contract, resulting in the loss of wages, work-related injuries, and medical waiting of workers, in addition to bearing the liability for compensation according to law, it shall also pay 25% of the additional compensation fees. The labor administrative department may also order the employing unit to pay compensation, impose administrative penalties, etc.
6. The employer may face administrative punishment from the labor administrative department. If the employer does not sign a labor contract, the employee can complain to the labor supervision department. Once verified, the labor administrative department can order the employer to make corrections and may impose a fine.