At present, there are many cases of employers defaulting on wages all over the country. Laborers should pay attention to some corresponding preparatory measures in advance to prevent losses caused by employers' arrears of wages.
National laws, justice and human feelings are not allowed to default on wages. Whether workers can get their own remuneration and wages on time and in full is the most worrying thing. The laws of the national government clearly stipulate that "it is illegal and criminal to deduct wages in arrears."
As for the arrears of employees' wages, according to the laws of the national government, if there is already a labor relationship between workers and employers, employers should pay you wages, and you must pay them in full on the agreed date, otherwise it is illegal for employers to breach the contract.
According to national laws, those who exceed the agreed date by 30 days (one month) are in arrears with wages.
At present, the national government has laws that if there is arrears or deduction of wages, workers should be able to complain to relevant government departments and get their wages back through legal channels. The law stipulates that "employers (companies, enterprises, private bosses, various units, etc.) are illegal. ) in order to deduct the arrears of wages, and the law stipulates that "if the employer treats the laborer in an illegal way, the laborer has the right to resign and has the right."
According to the current laws and regulations of the national government, if an enterprise is in arrears of wages and a worker applies to the relevant government departments for "compensation for arrears of wages", the relevant government departments (labor bureau, human resources and social security bureau, telephone 12333, labor inspection brigade and court) shall punish the enterprise (or boss) to pay twenty-five percent (25%) of the unpaid wages to the worker according to law. This is in addition to 65,438+000% (100%) of unpaid wages, that is, the total amount payable by * * to workers is 65,438+025% (100% plus 25%).
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 and less than one year from the date of employment, it shall pay the employee twice the monthly salary.
Laborers should have factual evidence of labor relations (work and labor) with employers (enterprises, companies, units, private bosses, various units, etc.). ), which can be: agreement contract, loan note, audio and video recording of unpaid wages and demands for wages, punch-in records, punch-in videos, filled-in forms, vouchers of previous wages, receipt vouchers, employment certificates, passports issued by the company, badges, badges, armbands, work clothes, work hats, labor protection articles issued by the company, all kinds of written materials and materials, as well as text messages and materials sent by WeChat. Staff should pay attention to keep some such factual evidence in case of emergency. Where there are preventive measures.
If the employer says that the employee has been paid full wages, then the employer must provide evidence of the fact that the employer has paid full wages to the employee, and this evidence must be signed by the employee himself (the employer must have the employee's signature on the form of paying cash wages, or the employee's signature must be on the receipt when paying cash wages, which are all credentials and can be printed with fingerprints). If the employer pays the full salary of the employee through the bank card, there should be a running account printed by the bank to prove that the employer paid the employee's own bank card (this is evidence). If the employer can't provide evidence that the employee's wages have been paid, it proves that the employer has not actually paid the employee's wages in full.
Workers should complain and report to the relevant administrative departments of the local government (human resources and social security bureau telephone 12333, labor bureau, labor inspection brigade, 12345 complaint hotline) and ask the relevant government departments to help solve this arrears of wages. At the same time, call the legal aid hotline 12348, which is the telephone number that the government provides free lawyers to help workers solve various problems. You can ask a free lawyer provided by the government to help you get legal aid through this phone, or you can consult with a free lawyer to smoothly safeguard the legitimate rights and interests of your workers, including five insurances, one gold, salary income and compensation.
If there is an iou, you can bring a lawsuit directly to the court and ask the court to order the employer's boss to pay the wages in the iou to the workers.
The national government now has a law that clearly stipulates that "it is illegal and criminal to deduct wages in arrears. It is a crime of refusing to pay labor remuneration to deduct a person's salary of more than 5,000 yuan. It is a serious crime to exceed 30,000 yuan or more, and it is a serious crime to be sentenced to jail." "The employer shall sign labor agreements and contracts to pay social insurance premiums (five insurances and one gold) for every worker (workers, migrant workers, employees, migrant workers, employees, etc.). ) ","The employing unit shall directly pay the wages to the workers themselves, and it is strictly forbidden to pay the wages to the "contractor" or other organizations and individuals who do not have the qualifications of the employer. Employers should be able to entrust banks to pay workers' wages. "
Enterprises must pay social security fees to workers in full according to law and pay wages in full and on time, otherwise government law enforcement departments will severely punish illegal enterprises according to law. Private bosses must also pay all kinds of labor remuneration and labor protection appliances, handle social insurance premiums and pay wages on time in accordance with the laws of the national government. If they violate the legal provisions on wages and social insurance, as well as the legal provisions on labor remuneration and labor protection, the government will also punish illegal private bosses in strict accordance with the law.
1. According to the provisions of the Social Insurance Law and the Regulations on the Management of Housing Provident Fund, the employer must pay "five insurances and one fund" in full for the workers (migrant workers, workers, employees, migrant workers, workers and all migrant workers), namely, endowment insurance, medical insurance, unemployment insurance, industrial injury insurance, maternity insurance and housing provident fund. When an employer signs a contract with an employee, both labor remuneration and social insurance are necessary clauses in the labor contract.
2. Paragraph 4 of Article 19 of the Labor Contract Law stipulates that the probation period is included in the term of the labor contract, that is, the enterprise must also pay social security for the workers 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 according to law. It is the legal obligation of the employer to participate in social insurance and pay social insurance premiums for workers according to law. Employers and workers cannot change or waive this obligation by agreement.
The first step should be to try to solve the problem through negotiation. You can directly find the legal representative, actual investor, boss, financial department and financial manager of the employer (enterprise, company, etc.). , various employers). It is best to solve the problem through consultation. If negotiation fails, complain to the relevant departments of the local government. (12345 Complaint Hotline, Human Resources and Social Security Bureau? Telephone 12333, Labor Inspection Brigade, 12348 legal aid hotline, Labor Dispute Arbitration Committee, Labor Arbitration Section of Labor Bureau, Administration for Industry and Commerce, Finance and Taxation Bureau, Construction Bureau, Court, Supervision Bureau, etc. ), will get the help of relevant government departments.
Remember: there must be factual evidence for the existence of labor relations, which can be: agreement contract, loan note, audio and video recording of unpaid wages and demands, punch-in records, video recording of work at work, various forms filled out, vouchers for previous wages, receipts, employment certificates, passes, badges, armbands, work clothes, hats, labor protection articles issued by the company, and various written materials and materials. Staff should pay attention to keep some such factual evidence in case of emergency. Where there are preventive measures.
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