Resignation, can I complain to the personnel center if I don't pay my salary? You can complain to the labor inspection brigade.
It is illegal for employers to deduct workers' wages. If the employer violates regulations, the administrative department of labor security shall be responsible for accepting complaints. The administrative department of labor security refers to the human resources and social security bureau, and its law enforcement department is the labor inspection brigade.
If the employer does not pay his wages, it is useful for the workers to complain and report to the local labor inspection department, and the workers can also directly apply for labor arbitration and ask the employer to pay their wages.
If the employer fails to pay wages in time, there are two ways to ask for payment:
1, workers can go to the local labor bureau to complain about labor inspection; Advantages: The method is simple. Disadvantages: law enforcement in various places may not be very strong;
2. You can apply to the local labor bureau for arbitration and demand payment of wages. If no labor contract is signed, you can also ask for double pay for the unsigned labor contract. If the termination of labor relations is based on unpaid wages, you can also ask for economic compensation. Advantages: In addition to wages, you can also advocate economic compensation and double wages. , and generally can be finally solved; Disadvantages: applying for labor arbitration is a labor lawsuit, which requires more procedures and professional guidance.
Legal basis: provincial wage payment regulations. For example:
Article 13 of the Regulations on Payment of Wages in Guangdong Province, if the employer and the employee terminate or terminate the labor relationship according to law, they shall settle and pay the employee's wages in one lump sum on the date of termination or termination of the labor relationship.
Provisions of Shandong Province on Payment of Wages of Enterprises Article 33 If an enterprise and a laborer dissolve or terminate the labor contract according to law, the enterprise shall pay the laborer the wages due in one lump sum when dissolving or terminating the labor contract.
Can I complain if I resign without approval? The company's statement is wrong. The correct way to resign is this: you only need to submit a written notice of resignation to the company 30 days in advance, and you don't need the company's consent. After you continue to work for 30 days, you can apply to the company for resignation the next day, which will be handled by the company (Article 3 1 of the Labor Law), and at the same time pay the salary in one lump sum (Article 9 of the Interim Provisions on Salary Payment), and issue you a resignation certificate (Article 50 of the Labor Contract Law). Otherwise, the company is illegal. You can call the police at 12333. The telephone number 12333 is the telephone number for consultation, report and complaint of the national unified labor inspection and security agency.
After I resign in Xi 'an, he can complain there. Beilin district Provincial Labor Security Supervision Corps 87294683 No.64 Xiwu Road City Labor Security Supervision Detachment 87627202 Yandian Street 18 Xincheng Labor Security Supervision Brigade 87459492 Shangqin Road No.72 beilin district Labor Security Supervision Brigade 82028268 Kailianhu District Labor Security Supervision Brigade No.7 Xixiang. 876 19903 Yanta District Labor Security Supervision Brigade 853983 13 weiyang district Labor Security Supervision Brigade 86259843 No.43 Chang 'an Middle Road * * Neibaqiao District Labor Security Supervision Brigade 835244 13 No.89 Xinyi Road Chang 'an District Labor Security Supervision Brigade 85297529 * Neilintong District Labor Security Supervision Brigade 838 1 1685 Labor Building yanliang district Labor Supervision Room 86876292 Huxian Labor Security Supervision Brigade 848 10723 Huxian East Street No.7 zhouzhi county Labor Security Supervision Brigade 87 1 14009 County * *
Xi lianhu district labor and social security bureau
Address: No.24 Caikeng 'an, Xi.
Tel: 876237 15
If it really can't be solved, I suggest you find a city express or something to expose it to him, which may have a good effect
Yishui Yongfeng Tire Factory complained that it resigned without paying wages, and the employees established labor relations with the employer, and the employees terminated the labor relations according to law. If the employer fails to pay the legitimate wages of the workers, the workers may apply to the labor dispute arbitration committee where the employer is located for labor arbitration to safeguard their legitimate rights and interests.
Materials and procedures to be prepared for applying for labor arbitration:
I. Acceptable matters
(1) Disputes arising from the confirmation of labor relations;
(2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts;
(3) Disputes arising from delisting, dismissal, resignation or resignation;
(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;
(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;
(six) other labor disputes as prescribed by laws and regulations.
Second, the materials to be submitted
(1) Submit an application for labor dispute arbitration to the labor dispute arbitration committee in duplicate, including:
1. Name, gender, date of birth, nationality, address and telephone number of the employee.
2. The name, address, name and position of the legal representative of the employer.
3. The arbitration claim and the facts and reasons on which it is based.
4. Evidence and sources, names and residences of witnesses.
5. Name of the delivery unit.
(2) Submit the following materials to the Labor Arbitration Committee while submitting the application for labor dispute arbitration:
1, copy of ID card;
2. Relevant certificates of labor relations; Other supporting materials.
3. If the applicant is an employer, a copy of the business license of the enterprise as a legal person shall be submitted; Identification certificate of the legal representative;
4. If there is an entrusted agent, submit a power of attorney. If the entrusted agent is a lawyer, an official letter from the law firm shall be submitted; If the agent is a citizen, submit a copy of the agent's ID card.
Three. Acceptance and arbitration procedure
(1) Submit an application for labor arbitration and relevant evidence; -
(2) If the application meets the requirements, the Arbitration Commission shall make a decision on acceptance or rejection within 5 days from the date of receiving the application. If the arbitration commission decides to accept the case, it shall serve a copy of the application to the respondent within 5 days from the date of the decision and form an arbitration tribunal; If the applicant refuses to accept the decision, explain the reasons, and the applicant may bring a lawsuit to the people's court on the labor dispute. -
(3) After receiving a copy of the arbitration application, the respondent shall submit a written reply to the labor dispute arbitration committee within ten days. The respondent's failure to submit the defense shall not affect the arbitration proceedings. The parties have the responsibility to provide evidence for their claims. If the evidence related to the disputed matter belongs to the management of the employer, the employer shall provide it within the specified time limit. If the employer fails to provide it, it shall bear the adverse consequences.
(4) Labor dispute arbitration shall be conducted in public, unless the parties agree not to conduct it in public or involve state secrets, business secrets and personal privacy. The arbitration tribunal shall notify both parties in writing of the date and place of the hearing five days before the hearing. If the parties have justified reasons, they may request an extension of the hearing three days before the hearing. The extension or not shall be decided by the labor dispute arbitration commission. -
(5) If a party refuses to appear in court without justifiable reasons after receiving the notice, or withdraws from court without the consent of the arbitration tribunal, it shall be deemed that the applicant has applied for withdrawal, and the respondent may make an award by default.
(6) When handling a labor dispute, the arbitration tribunal shall conduct mediation, urge both parties to reach an agreement voluntarily on the basis of finding out the facts, and make a conciliation statement on the contents of the agreement, which will become legally effective after being signed by both parties. Before the conciliation statement is served, if the conciliation fails or one party reneges, the arbitration tribunal shall make an award in time.
(seven) the arbitration tribunal shall, within 45 days from the date of accepting the application for arbitration by the labor dispute arbitration commission, make a ruling on the labor dispute case. If the case is complicated and needs to be postponed, it may be postponed upon approval, but the extension period shall not exceed fifteen days. If the arbitration award is not made within the time limit, the parties may bring a lawsuit to the people's court on the labor dispute.
(8) If the applicant withdraws the application for arbitration before the arbitral tribunal makes an award, and the arbitral tribunal considers that the withdrawal of the application is established after examination, it will issue a decision to both parties to approve the withdrawal of the application; However, if the respondent files a counterclaim, it will not affect the trial of the counterclaim.
Can I complain to the local labor bureau if I resign and deduct my salary after work injury? There is only one way to complain.
We can't complain, but we must complain, because we have no choice!
The resignation procedure has been signed, but there is no handover. Can I complain if I don't pay? It can be solved by the following methods:
1. Report to the labor administrative department (usually the labor management supervision brigade).
2. You can also apply for arbitration directly.
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.
Can hotel employees complain if they don't get paid when they resign? If a worker resigns, the employer can complain if he doesn't pay wages. Laborers can also apply for labor arbitration, requiring the employer to pay unpaid wages.
1. Go to the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau (former Labor Bureau) to apply for labor arbitration. When filing a case, you must bring: two arbitration applications and a copy of the applicant's ID card 1 copy; Copies of relevant evidence and 2 copies of evidence list; Business registration information of the employer (Beijing does not need registration information).
2. After submitting the materials, the Arbitration Commission shall file a case within 5 working days, and then give both parties a period of proof and a period of defense; Then the court will open, and then mediate between you two. If mediation fails, the Arbitration Commission shall issue an award. Labor arbitration shall be closed within 60 days; If the employee refuses to accept the ruling, he can bring a lawsuit to the court;
3. During the application for labor arbitration, the laborer shall not delay to work in the new unit.
Article 50 of the Labor Law of People's Republic of China (PRC) * * * Wages shall be paid to the workers themselves on a monthly basis in the form of currency. The wages of workers shall not be deducted or delayed without reason.
"Interim Provisions on Payment of Wages" Article 18 Labor administrative departments at all levels have the right to supervise the payment of wages by 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 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.
After working in a mobile phone shop for 19 days, you quit, with no salary and no contract. Even if you have worked for a day, you have formed an employment relationship, and the employee, that is, your boss, must pay you, otherwise it will constitute unjust enrichment, and even more, it will involve criminal offences. You can report to the labor inspection brigade.