A factory in Taigu County, Jinzhong deliberately defaulted on wages

Seeing your question, the situation you mentioned is a matter of wage arrears and wage theft by the factory. You should complain to the relevant departments of the local government and ask the relevant government departments to help you solve this matter of wage arrears. Now the national government is strictly cracking down on wage arrears and wage deductions, and will help you get back your wages, labor remuneration, and various legal rights and interests

Nowadays, there are more cases of wage arrears among employers in various places. Workers should pay attention to making some corresponding preparations in advance to guard against losses caused by employer arrears of wages

National law, natural principles, and human relationships do not allow arrears of wages. Whether workers can get their wages in full and on time Labor remuneration and wages are the most worrying thing. The national government's law clearly stipulates that "the arrears of wages and the deduction of wages are illegal and criminal acts." The law stipulates that if there is already a labor relationship between the employee and the employer, the employer should pay you wages. The wages must be paid to you in full on the agreed date. Otherwise, the employer has breached the contract, and breach of contract is illegal.

National law stipulates that wages exceeding 30 days (one month) beyond the agreed date are in arrears.

Now the national government has stipulated by law that if there is wage arrears and wage theft, workers should be able to complain and report to relevant government departments and get their wages back through legal channels. The law stipulates: "Employers It is an illegal crime for units (companies, enterprises, private bosses, various units, etc.) to deduct wages due to arrears of wages." The law stipulates: "If an employer treats workers in an illegal manner, workers have the right to resign and have the right to Complain and report to relevant government departments

According to the current legal provisions of the national government: If an enterprise defaults on wages, if the worker applies to the relevant government departments for "arrears of wages compensation", the relevant government departments (Labor Bureau, Labor Bureau, The Bureau of Human Resources and Social Security (Tel. 12333, the Labor Inspection Brigade, the Court) should lawfully sentence the enterprise (or boss) to compensate the enterprise (or boss) in the amount of twenty-five percent (25%) of the amount of wages owed to the owed wages. This is in addition to the 100% (one hundred percent) payment to workers who are owed wages, that is, the general government should pay 125% (one hundred percent, plus two percent) to workers 15) Amount

Article 82 of the "Labor Contract Law" stipulates that if the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall submit the labor contract to the employee. Workers should be paid twice their monthly wages.

Labourers should have a labor relationship (part-time job) with the employer (various large and small enterprises, companies, units, private bosses, various units, etc.) Factual evidence of labor), these can be: agreements, contracts, IOUs, audio and video recordings of wage arrears and demands for wages, clock-in records of work at work, video recordings of work at work, various forms that have been filled in, Vouchers for receiving wages before, vouchers for receiving items, employment certificates, entry and exit passes, badges, name tags, armbands, work clothes and caps issued by the unit, labor protection supplies issued by the unit, various written materials, and text messages on WeChat Various information on the computer related to the amount of wages paid by both parties, wages in arrears and demands for wages, introducers, intermediaries, insiders, certifiers, etc., can be used as factual evidence. Workers should be careful to keep multiple such information. Factual evidence, just in case, just in case.

If the employer says that it has paid the employee full wages, then the employer must provide that the employer has paid full wages to the employee. Evidence of the employee’s facts, these documents must be signed by the employee himself (the employer’s form for disbursing cash wages should have the employee’s signature, or the employee’s receipt of the cash wages should be signed when the cash wages are paid) It must be signed by the worker himself. These are all vouchers and can be added with fingerprints.) If the employer pays the worker full wages through a bank card, there should be a bank print showing that the employer has paid the wages to the worker's bank. The bank statement (this is the proof). If the employer cannot provide proof of wages paid to the employee, this proves that the employer has not actually paid the employee the full amount of wages.

Workers should complain and report to the relevant management departments of the local government (Human Resources and Social Security Bureau 12333, Labor Bureau, Labor Inspection Brigade, 12345 Complaint Hotline) and ask the relevant government departments to help solve this problem If you are in arrears with wages, call the 12348 legal aid hotline at the same time. This is the phone number where the government provides free lawyers to help workers with various problems. You can use this phone to ask for free lawyers provided by the government to help you get legal assistance. You can also Discuss with a free lawyer to help you successfully protect your workers’ legal rights and interests, including five social insurances, one housing fund, wages and compensation.

If you have an IOU, you can file a lawsuit directly in court and ask the court to order the employer boss to pay the employee the amount of wages in the IOU.

The national government now has a law that clearly stipulates that "it is an illegal crime to deduct wages in arrears, and it is a crime to refuse to pay labor remuneration if it is in arrears and deducts wages of more than 5,000 yuan." Or if there are more than ten people, it is a serious illegal crime, and in serious cases, the employer should sign a labor agreement and give it to every worker (worker, migrant worker, employee, migrant worker, employee, etc.). ) Pay social insurance premiums (five insurances and one fund). "The employer should pay wages directly to the workers themselves, and it is strictly prohibited to pay wages to "contractors" or other organizations and individuals who do not have the qualifications of employment entities. The employer should be able to entrust wages. Banks pay wages to workers. ”

Enterprises must pay full social insurance premiums to workers in accordance with the law and pay wages in full and on time. Otherwise, government law enforcement departments will strictly punish illegal enterprises in accordance with the law. Private bosses must also issue various labor remuneration and labor protection equipment and apply for social insurance premiums "five insurances and one fund" in accordance with the laws of the national government and pay wages on time. If they violate the legal provisions on wages and social insurance and labor remuneration and Labor protection laws stipulate that the government will also strictly punish private owners who violate the law.

1. According to the "Social Insurance Law" and the "Housing Provident Fund Management Regulations", employers must pay full "five "Insurance and one fund", namely pension insurance, medical insurance, unemployment insurance, work-related injury insurance, maternity insurance and housing provident fund. When an employer signs a contract with its employees, labor remuneration, social insurance, etc. are all necessary terms of the labor contract.

2. Paragraph 4 of Article 19 of the "Labor Contract Law" stipulates that the probation period should be included in the labor contract period, that is to say, 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 employer's legal obligation to participate in social insurance for employees and pay social insurance premiums in accordance with the law. This obligation cannot be changed or waived by agreement between the employer and the employee.

The first step should be to seek a negotiated solution. You can go directly to the legal representative, actual investor, boss, etc. of the employer (enterprise, company, etc., various large and small employers). Finance department, finance manager. It is best to resolve the matter through negotiation. If the negotiation fails, complain and report to the relevant local government departments (12345 complaint hotline, Human Resources and Social Security Bureau? Telephone number 12333, Labor Inspection Brigade, 12348 Legal Aid Hotline, Labor Dispute Arbitration Committee , the labor arbitration section of the labor bureau, the industrial and commercial administration, the finance and taxation bureau, the construction bureau, the court, the supervision bureau, etc. are all acceptable), and you will get help from relevant government departments

Remember: there must be Factual evidence of the existence of a labor relationship, these can be: agreements, IOUs, audio and video recordings of wage arrears and demands for wages, clock-in records of work at work, video recordings of work at work, various forms that have been filled in, and previous Vouchers for receiving wages, vouchers for receiving items, employment certificates, entry and exit passes, badges, name tags, armbands, work clothes and caps issued by the unit, labor protection supplies issued by the unit, various written materials, and text messages on WeChat Various information on the computer involving the amount of wages paid by both parties, wages in arrears and demands for wages, introducers, intermediaries, insiders, certifiers, etc., can all be used as factual evidence. Workers should always be careful to keep multiple such factual evidences just in case.

Be Prepared

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