The National Government now has a law that clearly stipulates that "withholding wages in arrears is an illegal and criminal act. It is a crime of 'refusal to pay labor remuneration' to withhold wages of more than 5,000 yuan from a person. If it exceeds 30,000 yuan or ten people The above are serious violations and crimes, and serious ones will lead to imprisonment. "Enterprises must sign labor agreements and contracts and pay social insurance premiums (five insurances and one fund) for every migrant worker (worker, migrant worker, employee, worker, etc.). ", "Enterprises should pay wages directly to migrant workers themselves, and are strictly prohibited from paying to "contractors" or other organizations and individuals who are not qualified as labor entities. "Enterprises must pay social security fees as agreed." And pay wages to workers in full, otherwise government law enforcement agencies will severely punish illegal enterprises in accordance with the law. Private bosses must also pay various labor remuneration and labor protection equipment in accordance with the laws of the national government, apply for social insurance premiums, and pay wages on time. If they violate the legal provisions on wages and social insurance, as well as the legal provisions on labor remuneration and labor protection, the government will also strictly punish illegal private owners in accordance with the law.
1. According to the "Social Insurance Law" and the "Housing Provident Fund Management Regulations", enterprises must pay full "five insurances and one fund" for their employees (migrant workers, workers, employees and all migrant workers), that is, Pension insurance, medical insurance, unemployment insurance, work-related injury insurance, maternity insurance and housing provident fund. When an enterprise signs a contract with its employees, labor remuneration and social insurance are both necessary terms of the labor contract.
2. Paragraph 4 of Article 19 of the "Labor Contract Law" stipulates that the probation period is included in the term of the labor contract, that is, the enterprise must also pay social security for employees during the probation period.
3. According to the relevant provisions of the "Social Insurance Law" and the "Labor Contract Law", employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law. It is the legal obligation of the employer to participate in social insurance for employees and pay social insurance premiums in accordance with the law. Employers and workers cannot vary or waive this obligation by agreement.
The first step should be to find a way to negotiate a solution. You can go directly to the legal representative of the company, the owner of the company, the financial department, or the financial manager. It is best to resolve the issue through negotiation. If the negotiation is unreasonable, you can complain and send a report to the relevant departments of the local government (Labor Inspection Brigade, Labor Dispute Arbitration Commission, Human Resources and Social Security Bureau, Labor Bureau Labor Arbitration Section, Industry and Commerce Bureau, Construction Bureau, Court, Ministry of Supervision, 12345 Complaint hotline, 12348 legal aid hotline, etc.). ). Remember: there must be factual evidence, such as: agreements and contracts, audio and video recordings of wages owed and demands for wages, clock-in records at work, clock-in videos at work, various forms that have been filled in, vouchers for previous wages, receipts Vouchers, job certificates, passes, company-issued badges, epaulettes, armbands, work clothes, hats, company-issued labor protection supplies, various written materials and information, and through WeChat text messages, introducers, intermediaries, insiders, introducers, etc. Various information related to the amount of wages paid to both parties, wage arrears, wage demands, etc. is published on the computer.