Joke Collection Website - Blessing messages - Is it illegal for the boss to default on his salary and the employees to threaten to jump off the building for salary? How will the police station handle the behavior of employees? Seek professionals
Is it illegal for the boss to default on his salary and the employees to threaten to jump off the building for salary? How will the police station handle the behavior of employees? Seek professionals
Legal analysis
To solve the problem of wage arrears: (1) When complaining to the labor inspection department where the employer is located, the whistleblower shall provide the complainant's name, gender, age, occupation, work unit, residence and contact information, as well as the name, address and telephone number of the complained employer, and the name, position and telephone number of the legal representative or principal responsible person. If it is inconvenient to come forward, you can choose to call the complaint number: 12333 to make an oral complaint, which will be recorded by the reception staff of the report center and signed or sealed by the complainant after confirmation. If the complainant refuses to sign, it shall indicate the situation; If the receptionist wants to record the complaint process, she needs the consent of the reporter. (2) Apply for labor arbitration to the labor arbitration committee where the employer is located, with two arbitration applications and a copy of the applicant's ID card 1 copy; Copies of relevant evidence and 2 copies of evidence list, as well as information of the employer industrial and commercial registration. After the materials are submitted, the arbitration commission shall file a case within 5 working days, and then give both parties a period of proof and a period of defense; Then hold a hearing, and then mediate between the two sides. If mediation fails, the Arbitration Commission shall issue an award; Labor arbitration shall be closed within 60 days; If you are dissatisfied with the ruling, you can bring a lawsuit to the court.
legal ground
People's Republic of China (PRC) (China) 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 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 employing unit shall be ordered to pay compensation to the laborer according to the standard of more than 50% 100% of the payable amount: (1) failing to pay the laborer's labor remuneration in full and on time in accordance with the labor contract or state regulations; (2) Paying workers' wages below the local minimum wage standard; (3) Arranging overtime without paying overtime; (four) the dissolution or termination of the labor contract, not in accordance with the provisions of this law to pay economic compensation to the workers.
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