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He' nan Siyuan heat energy equipment co., ltd. does not pay back the wages.
1. Complain to the local labor inspection department or call the hotline 12333.
2. Go to the Human Resources and Social Security Bureau to apply for labor arbitration.
3. Go to the local people's court to file a lawsuit and apply for a payment order.
according to article 3 of the labor contract law
the employing unit shall pay the laborers in full and on time in accordance with the labor contract and state regulations. If the employer is in arrears or 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.
article 77 if the legitimate rights and interests of laborers are infringed, they have the right to request the relevant departments to handle it according to law, or apply for arbitration or bring a lawsuit according to law.
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 it fails to pay within the time limit, the employer shall be ordered to pay compensation to the laborer according to the standard of more than 5% and less than 1% of the payable amount.
Arrears of wages are defined as "the crime of refusing to pay labor remuneration (commonly known as malicious arrears of wages)":
Those who evade paying labor remuneration by transferring property, escaping, etc., or who have the ability to pay but fail to pay labor remuneration, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or shall only be fined;
whoever causes serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
Although not signing a labor contract violates the provisions of Article 1 of the Labor Contract Law, it still forms a factual labor relationship, which is also regulated and protected by the Labor Law and the Labor Contract Law.
To collect and master the evidence or proof of the formation of factual labor relations, please refer to the following provisions in the Notice on Relevant Matters Concerning the Establishment of Labor Relations:
2. When the employer has not signed a labor contract with the employee and determines that there is a labor relationship between the two parties, it can refer to the following documents:
(1) wage payment vouchers or records (payroll roster of employees) and records of paying various social insurance premiums;
(2) identification certificates such as "work permit" and "service certificate" issued by the employer to the workers;
(3) Employment records such as "Registration Form" and "Registration Form" filled out by the employee;
(4) attendance records;
(5) Testimonies of other workers, etc. ?
among them, the relevant vouchers in items (1), (3) and (4) shall be borne by the employer.
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