Who knows, with the sudden arrival of the epidemic, Chongqing began to enter the control period in early 2020, and restaurants and other shops were not allowed to operate. At the end of the control period, when Xiao Li went to work in the restaurant, he found that the restaurant had closed down and there was an advertisement on the door to transfer the restaurant. Xiao Li asked the boss to pay the salary in arrears. The boss said that because of the epidemic, the restaurant didn't open, and it was being transferred, so there was no money to pay.
In desperation, Xiao Li complained to the local labor inspection brigade, and the restaurant owner recognized the fact of employment in the statement of the labor inspection brigade, but did not recognize the fact that Xiao Li was in arrears. Xiao Li had to apply to the local labor arbitration Committee for arbitration, demanding the dissolution of the labor relationship between the two parties; Ask the restaurant owner to pay 28,000 yuan for the unpaid part of the double salary that he has not signed the labor contract; Arrears of wages of 7000 yuan; The economic compensation is 3500 yuan. After trial, cross-examination and debate between the two sides. The arbitration tribunal held that the labor relationship between the two parties was established, the two parties did not sign a labor contract, and the fact that the restaurant owner owed Xiao Li two months' salary was true. The arbitration commission ruled in accordance with the law: to terminate the labor relationship between the two parties, the restaurant owner paid Xiao Li 28,000 yuan for the unpaid part of the unsigned labor contract; Arrears of wages of 7000 yuan; The economic compensation is 3500 yuan.
Lawyer Zhu thinks: Lawyer Zhu suggests that the employer should sign a labor contract with the laborer according to the relevant provisions of China's Labor Law and Labor Contract Law, and pay the laborer's salary in full and on time. Otherwise, it is suspected of violating the above laws and regulations and needs to bear relevant legal responsibilities and consequences.
The boss is seriously insolvent due to improper operation, some run away, some hang themselves, and some cheat insurance by making false accounts. It's simply diverse and ingenious. The boss has run away, and the boss can't run away. He just said it would take a long time to go through legal procedures, and he couldn't afford to wait.
The boss has run away, and he can't run away. Generally, bosses who live in development zones can't run away. There should be complete procedures and pledges to ensure it! As they say, you can't escape from the first day, but you can't escape from the temple. You must take up legal weapons and safeguard your legitimate interests. Don't take extreme actions without authorization to collect debts, which is illegal.
If the boss runs away, so can he. Some bosses are temporary small bosses without legal qualification procedures, live in places with great mobility, and are small foremen in charge of small projects. This kind of boss will get together and leave, and he will talk big when he needs you. He can do anything, which will make you believe that once the project is over, the money will abscond and disappear, and some people will disappear without a trace, and there is no way to collect debts. This kind of boss is the easiest to run away, and he can only settle accounts once a month when he works.
In fact, as long as the government pays enough attention from top to bottom and forms a joint force, it will not be dispersed and the boss will not run away. Even if he does, he won't let the employees suffer. The project is too big, and people are preferred.
The boss ran away and you didn't get paid. In this case, you can do the following:
First find the local labor department and report the situation to the labor department. Enterprises are registered in the labor department, with their detailed information and even security money. The labor department will take corresponding measures according to the actual situation provided by you, contact the boss, or freeze assets and pay your due salary.
Second, report the case to the local public security organ. The public security organs have economic investigation departments, which are specially responsible for such cases. They will unite with public security departments all over the country, close the auction of boss assets and arrest the boss, and your salary will naturally have a good result.
When the boss runs away, he usually reports to the labor department. If it is a regular factory, the government may pay part of it to the migrant workers who have been run on. If it is a black factory, it is more difficult to prove.
You can escape the monk, but you can't escape the temple.
Since we know that we have to run, we should take measures in advance.
The boss who runs away can't make a living, even if he has some property, he has to pay back the bank loan first, so it is difficult for employees to get their wages back.
First of all, report to the local social security labor department, report to the office, set up a rights protection team, and protect rights reasonably and legally! Don't gather people to make trouble!
This problem is a headache. Let's take a look at who is the legal representative of this enterprise. Who is the legal representative? If you can't, find labor arbitration!
Running and running, I feel unlucky. I worked with the boss factory in Hong Kong, and the boss factory closed down. Hundreds of thousands have been destroyed. What was the concept 20 years ago? How many suites can I buy?