The situation of arrears of wages, should be to the local government departments concerned to complain and report denunciation, such as to the Labor Bureau, the complaint of the boss of arrears of wages, do not need any written proof, should need their own ID card, the boss's name and address, the boss of the name and address of the enterprise. At the same time, it is best to bring the fact that the evidence of arrears of wages (1, with the fact that the evidence of labor relations, 2, the number of monthly wages should be paid, 3, arrears of wages need to be taken out by the boss has been sent to you as evidence of wages, the boss, if you can not take out, in turn, proved the boss did not pay you wages), so that can be a smooth handling of the case. If you don't get the evidence, find a way to get the factual evidence.
According to the law of the national government now: the default wages, if the workers to the government departments to apply for "default wage compensation", the relevant government departments (Human Resources and Social Security Bureau telephone 12333, Labor Inspection Brigade, the court, the Bureau of Labor) should be sentenced by law to the company (or the boss) According to the number of wages in arrears of twenty-five percent (25%) of the amount of damages, paid to the workers who are owed wages, which is paid to the wages in arrears in addition to 100% (100%), that is, the total **** should be paid to the workers of 125% (100%, plus twenty-five percent) of the amount.
Article 82 of the Labor Contract Law, if an employer fails to conclude a written labor contract with a worker for more than one month or less than one year from the date of employment, the employer shall pay the worker two times the monthly wages.
You should report to the relevant local government departments (Human Resources and Social Security Bureau 12333, Labor Bureau, Labor Inspection Brigade) to report complaints and ask the relevant government departments to help resolve this matter of unpaid wages, and call 12348 legal aid hotline, asking the government to provide free lawyers to help you to get assistance in the legal aspects of the
State The government now has a law clearly stipulates that "the wages owed withholding of wages are illegal and criminal, owe withholding of a person's wages more than five thousand yuan belongs to the "crime of refusing to pay labor remuneration", more than 30,000 yuan or more than ten people belong to the serious illegal and criminal, serious to be sentenced to imprisonment. " Enterprises should sign labor agreement contracts and pay social insurance premiums (five insurance and one gold) for each worker (worker, migrant worker, employee, migrant worker, employee, etc.)", "Enterprises should pay wages directly to the workers themselves, and are strictly forbidden to pay wages to "contractors" or other workers. contractors" or other organizations and individuals that do not have the qualifications to be the main employers of labor. Enterprises may entrust banks to pay workers' wages." In addition, enterprises must pay their workers' social security contributions and wages in full, as agreed, or else the government's law enforcement agencies will strictly penalize enterprises that violate the law. Private employers are also required by law to pay all labor remuneration and labor protection equipment and social insurance premiums, and to pay wages on time; if they violate the laws on wages and social insurance, as well as the laws on labor remuneration and labor protection, the government will also strictly punish private employers for violating the law. The government will also strictly punish private employers who violate the law.
1. According to the Social Insurance Law and the Regulations on the Management of Housing Provident Funds, enterprises must pay the full amount of "five insurance and one gold" to their workers (migrant workers, workers, employees, migrant workers, laborers, and all wage earners), i.e., old-age pension insurance, medical insurance, unemployment insurance, work-related injuries insurance, maternity insurance, and housing provident funds. When an enterprise signs a contract with an employee, labor compensation and social insurance are all necessary terms of the labor contract.
2. Article 19, paragraph 4 of the Labor Contract Law stipulates that the probationary period shall be included in the term of the labor contract, which means that the enterprise must also pay social security for the workers during the probationary period.
3. According to 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 legal obligation of the employer to enroll workers in social insurance and pay social insurance premiums according to the law, and this obligation cannot be changed or abandoned by the employer and workers through agreement.
The first step should be to negotiate a solution, you can directly find the legal representative of the enterprise, the owner of the enterprise, the financial department, the financial manager. Can negotiate the best solution, negotiation is not reasonable to the local government departments to complain and report denunciation (Labor Inspection Brigade, Labor Dispute Arbitration Commission, Human Resources and Social Security Bureau, Labor Arbitration Section of the Labor Bureau, Administration for Industry and Commerce, Construction Bureau, the Court, the Ministry of Supervision, 12348 Legal Aid Hotline, can be, will get the help of the relevant government departments) Remember: there must be factual evidence. For example: agreement contracts, arrears notes, recordings and video footage of wages in arrears and claims for wages, clock-in records of work, video footage of labor work, various forms that have been filled out, vouchers for previous wages, vouchers for goods, work permits, passes, pins, badges, armbands, uniforms and hats issued by the unit, labor insurance products issued by the unit, and a variety of written materials. Information, WeChat on the text message on the computer involving the number of wages issued by both sides and the wages owed and claim for a variety of information, referrals, intermediaries, informants, witnesses, and so on, can be used as factual evidence.
The above legal provisions, and some suggestions, I hope to help you successfully get back your wages