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Will the small things column in Chongqing's big cities deal with unpaid 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 the Labor Contract Law
Article 30 The employing unit shall, in accordance with the stipulations of the labor contract and the provisions of the state, pay the laborers' labor remuneration in full and on time. 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 ask 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 the payment is not made within the time limit, the employer shall be ordered to pay compensation to the laborer according to the standard of more than 50% 100% of the payable amount.
Expand relevant knowledge:
Arrears of wages are characterized as "the crime of refusing to pay labor remuneration (commonly known as malicious arrears of wages)";
Those who evade paying laborers' labor remuneration by transferring property, escape or fail to pay laborers' labor remuneration, and still fail to pay after being ordered by relevant government departments to make corrections, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined;
If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Not signing a labor contract violates Article 10 of the Labor Contract Law, but 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 of the Notice on Matters Related to the Establishment of Labor Relations:
Two, the employer has not signed a labor contract with the employee, in determining the existence of labor relations between the two sides, you can refer to the following documents:
(a) payment vouchers or records (payroll), the payment of various social insurance premiums;
(2) Work Permit, Service Certificate and other documents that can prove the identity issued by the employer to the employee;
(3) Employment records such as Registration Form and Application Form filled out by employees;
(4) attendance records;
(5) Testimonies of other workers, etc. ?
Among them, the relevant documents in items (1), (3) and (4) shall be borne by the employer.
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