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Livzon Medicine is in arrears with wages. What should I do if I don't pay the advance fee?
"Inverted burden of proof" widely exists in the field of labor law. Articles 6 and 39 of the Labor Dispute Mediation and Arbitration Law, Article 13 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases, Article 9 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases, Article 6 of the Supreme People's Court's Provisions on Evidence in Civil Litigation, Article 2 of the Notice of the Ministry of Labor and Social Security on Establishing Labor Relations, wage payment vouchers, social security. The employer may be required to bear the burden of proof.
If you want to fully protect your legitimate rights and interests, I suggest you look at the Labor Law, the Labor Contract Law, the Regulations on the Implementation of the Labor Contract Law, and the Social Insurance Law, so that you can know in what ways the employer has violated your rights and interests, which will benefit you for life.
If the employer infringes on your legitimate rights and interests, pay attention to collecting evidence. This is very important if there is arbitration or litigation in the future.
See Article 9 of the Interim Provisions on Payment of Wages and Article 50 of the Labor Contract Law for the time of paying economic compensation when dissolving labor relations. If the payment is not made on time, the employer may be required to implement Article 3, Article 10 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts and Article 85 of the Labor Contract Law.
If you carefully look at the content of my answer above, you can fully understand the meaning of my answer. You can search these contents online to find the full text.
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