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I am an external electric worker. What if I can't get paid? No contract
1. Complaints and reports to the labor and social security department (labor inspection brigade) shall be ordered by the labor inspection brigade to pay within a time limit. If you don't pay within the time limit, you can ask for additional compensation. The compensation standard is more than 50% 100% of the payable amount.
2. Apply to the Labor Dispute Arbitration Committee for labor arbitration on the grounds that wages are not paid in full and on time, and request to terminate labor relations and pay wages and economic compensation. If you still want to maintain labor relations, you can just ask for wages.
If there is no labor contract, you can provide work permit, work clothes, salary payment records, social security payment records, witness testimony, audio and video recordings and other materials to prove the existence of factual labor relations.
Legal basis: Article 50 of the Labor Law shall be paid to the laborer himself on a monthly basis in the form of money. The wages of workers shall not be deducted or delayed without reason.
Labor Contract Law
Article 38 A laborer may terminate the labor contract under any of the following circumstances:
(1) Failing to provide labor protection or working conditions as agreed in the labor contract;
(2) Failing to pay labor remuneration in full and on time;
(3) Failing to pay social insurance premiums for laborers according to law;
(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.
If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.
Article 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:
(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;
(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;
(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) Terminating a 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 to renew the labor contract and 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;
(seven) other circumstances stipulated by laws and administrative regulations.
Article 85 In any of the following circumstances, the employer shall be ordered by the labor administrative department to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay compensation to the employee according to the standard of more than 50% 100% of the payable amount:
(1) Failing to pay workers' remuneration in full and on time in accordance with the stipulations of the labor contract or the provisions of the state;
(2) Paying workers' wages below the local minimum wage standard;
(3) Arranging overtime without paying overtime;
(four) the dissolution or termination of the labor contract, not in accordance with the provisions of this law to pay economic compensation to the workers.
Regulations on labor security supervision
Article 10 The administrative department of labor security shall carry out labor security supervision and perform the following duties:
(a) to publicize the laws, regulations and rules of labor security, and urge the employing units to implement them;
(two) check the employer's compliance with labor security laws, regulations and rules;
(three) to accept reports and complaints about violations of labor security laws, regulations or rules;
(four) to correct and investigate violations of labor security laws, regulations or rules according to law.
Law on mediation and arbitration of labor disputes
Article 2 This Law shall apply to the following labor disputes between employers and employees in People's Republic of China (PRC):
(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.
Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to a mediation organization for mediation; Unwilling to mediate, failing to mediate or failing to perform after reaching a mediation agreement, you may apply to the Labor Dispute Arbitration Committee for arbitration; Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court unless otherwise stipulated in this Law.
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