What should Beijing He Jiang Curtain Wall Co., Ltd. do if it defaults on employees' wages?
1. Report to the labor administrative department (usually the labor management supervision brigade). 2. You can also apply for arbitration directly (the arbitration fee is 200-300 yuan, and the company will bear all the success). 3. If you are not satisfied with the arbitration result, you can bring a lawsuit to the court within 15 days after receiving the arbitration letter. According to national regulations, in arbitration or litigation, you can demand that in addition to paying the wages of the workers in full within the specified time, you also need to pay economic compensation equivalent to 25% of the wages. (For the specific legal basis, see the reference section). But since you have not signed a labor contract, the biggest problem is that you need to prove that there is a labor relationship between you and the company. So you need to collect evidence: for example, the salary slip of one month's salary sent to you by the company, the company roster, access cards, attendance cards, work clothes, reimbursement documents, various documents signed by company leaders, and all other things that non-company employees can't know. Supplementary question: What's the procedure for going to the industrial and commercial bureau-not to the industrial and commercial bureau, but to the department in charge of labor inspection of the Labor and Social Security Bureau, which does not care about labor disputes. If I resign, does the company have to give it to me-as long as you can provide the evidence I mentioned above, 100% can recover your due salary and increase the economic compensation by 25%. Our company's secretarial work is even worse, with only two months' salary for four months-you can jointly report or file labor arbitration, which will have better results in providing evidence and so on. Reference: Law on Economic Compensation for Violation and Termination of Labor Contract Article 1 This Law is formulated in accordance with the provisions of the Labor Law of People's Republic of China (PRC) in order to standardize the economic compensation standards for workers who violate and terminate labor contracts. Article 2 The economic compensation for laborers shall be paid by the employing unit in one lump sum. Article 3 Where an employing unit deducts or delays the wages of workers without reason, or refuses to pay the wages of workers for extended working hours, it shall not only pay the wages of workers in full within the specified time, but also pay economic compensation equivalent to 25% of the wages. Notice of the Ministry of Labor on Printing and Distributing the Interim Provisions on Wage Payment [1994] No.489 Article 18 Labor administrative departments at all levels have the right to supervise the wage payment of employers. If an employing unit commits one of the following acts that infringe upon the legitimate rights and interests of workers, the labor administrative department shall order it to pay wages and economic compensation to the workers, and may also order it to pay compensation: (1) Deducting or delaying the wages of workers without reason; (2) refusing to pay overtime wages to laborers; ? (3) paying workers' wages below the local minimum wage standard. The standards of economic compensation and compensation shall be implemented in accordance with the relevant provisions of the state. Article 19 In case of a labor dispute between a laborer and an employer due to the payment of wages, the parties concerned may apply to a labor dispute arbitration institution for arbitration according to law. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases issued by the Judicial Committee of the Supreme People's Court 0 10430 Keywords the Supreme People's Court's Interpretation Notes on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases [200 1] No.15 Article 15 Where an employer forces a worker to terminate the labor contract under any of the following circumstances, The employing unit shall pay labor remuneration and economic compensation to the laborer, and may pay compensation: (1) forcing labor by means of violence, threat or illegal restriction of personal freedom; (2) Failing to pay labor remuneration or provide working conditions as agreed in the labor contract; (3) Deducting or delaying the wages of workers without reason; (4) Refusing to pay overtime wages to laborers; (five) pay the wages of workers below the local minimum wage standard.