The employer who is in arrears with the company's wages after resigning shall settle the wages when the contract is terminated. If negotiation fails, you can complain to the labor inspection and apply for labor dispute arbitration. If you are in arrears, you can apply to the people's court for a payment order.
1. If there is an iou, you can directly apply to the people's court for a payment order.
To apply for a payment order, you need to submit an application, a debit note and the applicant's identity document. The application shall include the following contents:
1, basic information such as employee's name and employer;
2, the amount of wages paid by the laborer to the employer;
3. The facts and evidence on which the laborer's request is based;
4. The property status of the employer and the property available for execution.
Two, complaints to the labor inspection, the labor inspection shall be ordered to pay within a time limit; If it fails to pay within the time limit, it shall be ordered to pay compensation according to 50- 100% of the default amount.
Complaints to the labor inspection can be made orally or in writing, and I need to submit my ID card and the evidence that the employer is in arrears with wages.
Advantages: simple method; Disadvantages: law enforcement in various places may not be very strong.
3. Apply for arbitration to the labor dispute arbitration committee of the employer's domicile or the place where the labor contract is performed.
To apply for labor dispute arbitration, the applicant shall submit an arbitration application and * * * copies of the applicant's ID card 1 copy; Copies of relevant evidence and 2 copies of evidence list; Some areas also need to provide information about the employer's industrial and commercial registration. The application for arbitration shall contain the following items:
(a) the name, sex, age, occupation, work unit, domicile, mailing address and telephone number of the laborer, the name, domicile, mailing address and telephone number of the employer, and the name and position of the legal representative or principal responsible person;
(2) The arbitration claim and the facts and reasons on which it is based;
(3) Evidence and its sources, names and residences of witnesses.
If a copy is submitted, the original shall be submitted to the Arbitration Commission for inspection.
Advantages: in addition to salary, you can also claim compensation. Generally, it can be finally solved; Disadvantages: there are many procedures and professional guidance is needed. It will take a long time in case of malicious litigation by the employer.
As some provinces and cities have not paid compensation within the labor inspection period, it is suggested to complain to the labor inspection first, and apply for labor dispute arbitration if they fail to pay within the time limit.
Yes, of course, they just investigate first. This process is very slow. You should know that in the case of correct loss, you should be prepared to collect well-preserved evidence, which is enough to prove it. At the same time, if you don't want to waste time, you can go to court directly, but you can choose this way knowing that you won't come up, because the debt should not be very large, so you will find it very troublesome to go to court to sue and hear the case. This is a personal choice, just telling you!
If you quit your job and are in arrears, don't call the union to ask. Now the strict trade union will help you solve it.
What about the company's arrears of wages? Resignation is for fear that the company will not pay you. It is beneficial for you to apply for labor arbitration directly to the labor dispute arbitration Committee where the employer is located. Ask for the payment of arrears of wages, and, moreover, there are additional economic compensation or compensation paid to you because of arrears. There is no need to discuss with the unit. I don't think we can talk about anything. You can directly apply for labor arbitration. Perhaps, once the arbitration commission finds a company, it will be very good. You know that.
In addition, the labor inspection brigade, you can also report complaints. Either way will do.
What should I do if the company defaults on wages after resigning? 1. Confirm the facts of labor relations with the company, such as payroll, attendance records, documents during work, etc. 2. After confirming the labor relationship, you can negotiate with the boss to ask the unit to reissue the salary for the illegal behavior of the unit in arrears. 3. If negotiation fails, bring relevant information to the Labor Bureau to complain, or directly file a labor arbitration with the Labor Arbitration Committee where the unit is located. 4. If the amount of arrears of wages is relatively large, you can directly go to a lawyer to file a lawsuit and get back the arrears of wages through litigation. Second, which department should complaints and arrears of wages go to? 1. Labor Bureau 2. Labor Arbitration Commission I suggest that you can choose to take up legal weapons to safeguard your rights and interests. Since you chose to resign, and the boss's attitude is like this, of course, under normal circumstances, I don't recommend you to choose legal channels to solve it, because it takes time and money. You can wait a few days before contacting the boss. If it is really not possible, you can reflect these problems to the labor bureau. I think as long as they have the country's money. Second, which department should complaints and arrears of wages go to? 1. Labor Bureau 2. Labor arbitration commission. The Labor Law on Arrears of Wages stipulates: Article 82 If an employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary. 2. The employer proposes to terminate the labor contract with the employee in accordance with the provisions of Article 36 of this Law, and negotiates with the employee to terminate the labor contract; 3. The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; 4. The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; 5. Dissolve the fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract, unless the employee does not agree to renew it; 6. The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law; 7. Other circumstances stipulated by laws and administrative regulations. Article 86 If a labor contract is confirmed to be invalid in accordance with the provisions of Article 26 of this Law, thus causing damage to the other party, the party at fault shall be liable for compensation. Article 87 Where an employing unit dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this Law. Article 92 Where a labor dispatch unit violates the provisions of this Law, the labor administrative department and other relevant competent departments shall order it to make corrections. If the circumstances are serious, a fine of more than 1,000 yuan and less than 5,000 yuan per person shall be imposed, and the business license shall be revoked by the administrative department for industry and commerce; If damage is caused to the dispatched workers, the labor dispatching unit and the employing unit shall bear joint and several liability for compensation. Ninety-third illegal and criminal acts of an employing unit that does not have the legal business qualification shall be investigated for legal responsibility according to law; If the laborer has already paid labor, the unit or its investors shall pay labor remuneration, economic compensation and compensation to the laborer in accordance with the relevant provisions of this Law; If it causes damage to workers, it shall be liable for compensation. Article 94 If individual contractors recruit laborers in violation of the provisions of this Law, thus causing damages to laborers, the contractors and individual contractors shall be jointly and severally liable for compensation. Article 95 If the labor administrative department and other relevant competent departments and their staff neglect their duties, fail to perform their statutory duties or illegally exercise their functions and powers, thus causing damage to the workers or the employing units, they shall be liable for compensation; The directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
1. The easiest way is to complain by phone to the local labor law enforcement supervision brigade, which will supervise and inspect the employer according to the Labor Security Supervision Regulations and order it to pay the unpaid wages. 2. According to Article 30 of the Labor Contract Law, if the employer fails to pay the labor remuneration in full, the employee 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. The most effective way is to apply for labor arbitration directly to the local labor administrative department (no charge, no lawyer) and claim compensation from the unit through the award issued by labor arbitration. If you don't pay compensation, you can apply to the court for enforcement. 4. If the labor arbitration is not accepted or the arbitration is unfair, you can also bring a civil lawsuit to the court within 15 days and execute it directly through the court's judgment. 5. While claiming salary through the above channels, you can also ask the unit to pay you compensation according to the standard of more than 50% 100% of the payable amount according to the provisions of Article 85 of the Labor Contract Law.
You can complain to the labor inspection department.
After resigning, the company defaulted on wages. How can I get my salary back? 1. The unit shall settle all remuneration and expenses on the day of resignation. If the unit refuses to settle accounts, which is illegal, it is suggested to complain to the labor inspection department.
2. Legal basis:
1) Interim Provisions on Payment of Wages Article 9 If both parties to a labor relationship dissolve or terminate the labor contract according to law, the employing unit shall pay the employee a lump sum when dissolving or terminating the labor contract.
2) Article 9 of the Labor Dispute Mediation and Arbitration Law. If the employing unit of labor supervision violates the provisions of the state, it is in arrears or fails to pay labor remuneration in full, or it is in arrears with medical expenses, economic compensation and work-related injury compensation, the laborer may complain to the labor administrative department, which shall handle it according to law.
The company will only resign if it is in arrears with wages, and the wages will not be given to 1. The unit shall settle all remuneration and expenses on the day of resignation. If the unit refuses to settle accounts, which is illegal, it is suggested to complain to the labor inspection department.
2. Interim Provisions on Payment of Wages Article 9 If the labor contract is dissolved or terminated by both parties to the labor relationship according to law, the employing unit shall pay the employee wages in one lump sum when dissolving or terminating the labor contract.