Article 82 of the Labor Contract Law: 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.
You should complain to the relevant departments of the local government (Human Resources and Social Security Bureau 12333, Labor Bureau and Labor Inspection Brigade) and ask the relevant government departments to help solve the problem of wage arrears. At the same time, we should 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, or you can talk to a free lawyer.
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." "Enterprises should sign labor agreements and contracts and pay social insurance premiums (five insurances and one gold) for every worker (workers, migrant workers, employees, migrant workers, employees, etc.). ) ","the enterprise shall pay the wages directly 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. Enterprises can entrust banks to pay workers' wages. "Enterprises must pay social security fees and pay wages in full for workers as agreed, 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, enterprises must pay "five insurances and one fund" in full for their employees (migrant workers, workers, employees, migrant workers, workers and all migrant workers), that is, endowment insurance, medical insurance, unemployment insurance, industrial injury insurance, maternity insurance and housing provident fund. When an enterprise signs a contract with its employees, 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 find a way to solve it through consultation, and you can directly find the legal representative of the enterprise, the boss of the enterprise, the financial department and the financial manager. It is best to solve the problem through consultation. If the negotiation is unreasonable, report to the relevant departments of the local government (Labor Inspection Brigade, Labor Dispute Arbitration Committee, Human Resources and Social Security Bureau? Telephone 12333, Labor Arbitration Section of Labor Bureau, Industrial and Commercial Bureau, Construction Bureau, Court, Ministry of Supervision, and legal aid hotline 12348 are all available, and relevant government departments will help. Remember: there must be factual evidence that can prove the existence of labor relations, such as agreements and contracts, IOUs, audio and video recordings of unpaid wages and appeals. Videos and videos of work at work, various forms that have been filled out, vouchers for receiving wages before, vouchers for receiving goods, work cards, pass cards, badges, epaulettes, armbands, work clothes, hats, labor protection articles issued by the company, and various written materials. Send a message to the computer on WeChat, involving all kinds of information about the amount of wages paid by both parties, arrears of wages and demands for wages, referees, intermediaries and insiders.