Labor Contract Law
Article 50 When the employer dissolves or terminates the labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of the file and social insurance relationship for the employee within 15 days.
Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed.
The employing unit shall keep the labor contract that has been dissolved or terminated for at least two years for future reference.
Article 77 If the legitimate rights and interests of laborers are infringed, they have the right to ask the relevant departments to handle it according to law, or apply for arbitration or bring a lawsuit 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 employer shall be ordered to pay compensation to the employee according to the standard of more than 50% 100% of the payable amount:
(1) Failing to pay laborers' labor remuneration in full and on time in accordance with the stipulations of the labor contract or the provisions of the state;
(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.
What information do you need if you don't complain about your salary after leaving your job? Payrolls, attendance records and file records during work. Secondly, after confirming the labor relationship, you can ask the unit to reissue the salary for the illegal behavior of the unit in arrears. Double salary if you don't sign a written labor contract. Third, if negotiation fails, bring relevant information to the labor inspection department to complain, or directly submit it to the labor arbitration committee where the unit is located.
The materials required for lodging a complaint with the Labor Bureau are as follows: (1) The complainant shall submit a complaint document to the labor administrative department. The complaint document shall contain the following items: ① the name, sex, age, occupation, work unit, domicile and contact information of the complainant, the name and domicile of the employer complained of, the name and position of the legal representative or principal responsible person, and the violation of labor security laws, regulations and rules; (2) the fact that the legitimate rights and interests of labor security have been violated and the complaint request, with the signature or seal of the complainant. (2) the complainant's certification materials. Copy of the complainant's ID card (the original should be provided for verification); Copy of the business license or registration information of the employer (if it is really impossible to provide it, it may not be submitted after explanation). In case of a collective complaint about recommending a representative, a letter of recommendation signed by the recommender is also required. (3) Relevant evidential materials. Submit necessary evidential materials to prove that the infringement of the complainant's legitimate rights and interests is caused by the violation of labor security laws by the complained employer, such as evidential materials to prove labor relations and complaints. Specific matters can be directly consulted with the Labor Bureau, subject to the requirements of the Labor Bureau.
After leaving the company, the company will not pay wages and commissions. How to legally solve the problem of wage arrears of employers, workers can apply to the labor dispute arbitration institution for arbitration according to law, or they can complain to the labor security supervision institution according to law. Legal basis:
"Interim Provisions on Payment of Wages" Article 7 Wages must be paid on the date agreed by the employer and the employee. In case of holidays or rest days, payment should be made in advance on the nearest working day. Wages are paid at least once a month. If the weekly, daily and hourly wage system is implemented, wages can be paid by the week, day and hour.
Article 9 of the Law on Mediation and Arbitration of Labor Disputes stipulates that if an employer violates state regulations and fails to pay labor remuneration in full, or fails to pay medical expenses, economic compensation and work-related injury compensation, the employee may complain to the labor administrative department, which shall handle it according to law.
How do handan waiters complain to the local labor inspection brigade that they don't pay wages and seek solutions?
According to the labor law, wages are paid monthly. You can pay last month's salary in the same month, but it is illegal to cross months; If the company is in arrears with wages, workers can complain to the labor inspection brigade, which will order the employer to pay wages within a time limit, and compensate if it fails to pay within the time limit.
Article 50 of the Labor Law stipulates that wages should be paid to the workers themselves on a monthly basis in the form of money. The wages of workers shall not be deducted or delayed without reason.
Article 7 of the Interim Provisions on Wage Payment stipulates that wages must be paid on the date agreed by the employer and the employee. In case of holidays or rest days, payment should be made in advance on the nearest working day. Wages are paid at least once a month.
Article 85 of the Labor Contract Law stipulates that if the employing unit is in any of the following circumstances,
(1) Failing to pay laborers' labor remuneration in full and on time in accordance with the stipulations of the labor contract or the provisions of the state;
(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.
The labor administrative department shall order it 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 employer shall be ordered to pay compensation to the employee according to the standard of more than 50% 100% of the payable amount:
After I left my job, the company refused to pay my salary on the grounds that I took kickbacks and was suspected of embezzlement.
The crime of duty embezzlement refers to the behavior that the personnel of a company, enterprise or other unit illegally take the property of their own unit for themselves by taking advantage of their position, and the amount is relatively large. Whoever commits this crime and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated.
According to criminal law
Article 271 Any employee of a company, enterprise or other unit who takes advantage of his position to illegally take the property of his unit for himself, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated.
Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law.
Article 183 Paragraph 1 Any employee of an insurance company who, by taking advantage of his position, deliberately fabricates an insurance accident that has never happened to make false claims and defrauds the insurance money into personal possession shall be convicted and punished in accordance with the provisions of Article 271 of this Law.
According to the company law
Article 114 Where a director, supervisor or manager takes advantage of his power to accept bribes, other illegal income or encroach on the company's property, his illegal income shall be confiscated, and he shall be ordered to return the company's property, and the company shall punish him. If a crime is constituted, criminal responsibility shall be investigated according to law.
The company dealt with it for a long time after the executives left. Wu Zeping just came to my mind and opened the email and read it carefully. In my resignation letter, I expressed my deep apologies to the CEO, and frankly, after working in MBT for several years, I felt physically and mentally exhausted. Now I just want to leave my job and rest for a while, please forgive me. As a veteran of MBT company, he is willing to continue to care about the development of the company after leaving his post. If the company needs it, you can contact him at any time to discuss related business issues. The resignation letter was written tactfully and appropriately, which made people find it hard to refuse after reading it. MBT Company is a new communication company in China. In recent years, more than 20 branches and outlets have been established in China, and their business has developed rapidly. These are inseparable from Li Jianfeng's superb operational ability, skillful and profound public relations and negotiation skills. It was his business plan that touched the hearts of many world-famous communication companies. MBT established cooperative relations with these companies and became one of the few agents in China. He was responsible for the establishment of branches and business outlets, operating smoothly, and soon occupied a larger market share in the local area. It was Li Jianfeng's employment that changed MBT's business status from a small company unknown in the industry to a leading company. However, his sudden departure may be disastrous to MBT's current industry competition and the continuity of the company's internal management. Wu Zeping knows the importance of his chief operating officer to the company, but he really doesn't understand why Li Jianfeng resigned so suddenly: he is not yet 40 years old, and he didn't work very well before joining MBT. At present, when MBT has just achieved success, it is impossible to rest from work. Thought of here, he immediately dialed the telephone of the company's human resources director, asking him to immediately find out Li Jianfeng's motives and possible destinations, and at the same time informed the secretary to cancel all travel arrangements, and immediately booked a plane ticket to return to the company headquarters. Case study 1: Actually, Li Jianfeng's departure is not all bad. In fact, Li Jianfeng's departure was not all bad. At least one person will benefit, and that is Li Jianfeng's successor. Surprisingly, Wu Zeping has no intention of using this to stabilize the morale of the army. In the three cases that MBT took over, the departure of Chief Operating Officer Li Jianfeng brought a series of shocks to MBT Communication Company. CEO Wu Ze Ping and HR Director Chi Xiangyang intend to take three key countermeasures: 2. Explain Li Jianfeng's departure to employees and condemn Li Jianfeng from both emotional and rational aspects, hoping to boost morale, reduce rumors and prevent other middle-level executives from following suit; 3. Prepare to dig Liu Xiangdong, Chief Operating Officer of DQM Company. These measures can only be described as "passive beating and emotional". Condemning Li Jianfeng will only save Li Jianfeng from emotional guilt and make Li Jianfeng openly oppose MBT. On the other hand, MBT intends to poach Liu Xiangdong, the chief operating officer of DQM, which will make MBT employees feel that the condemnation of Li Jianfeng is hypocritical, and more people will sympathize with Li Jianfeng. In fact, Li Jianfeng's departure is not all bad, at least it will benefit one person, that is, the person who will succeed Li Jianfeng. Surprisingly, Wu Zeping has no intention of using this to stabilize the morale of the army. In view of this situation, we put forward seven measures: 1. Immediately approve Li Jianfeng to leave Li Jianfeng, which is good at negotiation and well versed in public relations. Such a person is generally calm and thoughtful and will not change his mind easily, so it is unlikely to keep him. In this case, it is better to approve his resignation application immediately, which has three advantages: first, make the situation clear; The second is to show the confidence of the company; The third is to let everyone in the company know that you can't negotiate terms with the company by resigning. 2. Publicly announce that the company will select executives from within to announce that this policy can stabilize the situation and split Li Jianfeng's allies. At this time, it is absolutely impossible to introduce "airborne troops." This will only make the already uncertain situation more chaotic and make more middle managers leave Li Jianfeng. Moreover, the goal of selecting people at this time is to find someone who can make MBT temporarily stable, not an excellent chief operating officer. 3. Release market research report and next year's business plan market research report to show the advantages of MBT compared with PPT, and put forward an exciting goal in next year's business plan. Let everyone know that without Li Jianfeng, the company still has the confidence to remain competitive. This will not only stabilize the morale of the army, but also distract everyone. Wu Zeping should interview Li Jianfeng immediately. This case shows that Wu Zeping has a good personal relationship with Li Jianfeng, and Li Jianfeng should not refuse the interview. The purpose of the interview is twofold. First, find out the reason, and then ask Li Jianfeng to help the company deal with the sequela of his resignation. For example, Wu Ze and Li Jianfeng wrote a letter to all employees. Li Jianfeng can be an ally in dealing with the sequelae. Wu Zeping should go to Hu Bing's house at once. 6. Chi Xiangyang should immediately talk to every middle-level supervisor and key employee about the future of MBT, the company's policies, the career development of employees, and their opinions and suggestions on the company. At this time, we can't rely on announcements, emails, etc. But we must talk in person to clarify the situation, eliminate panic and stabilize the morale of the army. 7. Consulting lawyers to avoid competition, and preparing for litigation must be conducted in secret. We are only preparing for the worst, and we may not fight, but we must ensure that if Li Jianfeng does not cooperate at all, we can take effective actions immediately to delay Li Jianfeng's arrival at PPT.
After resigning, the company does not pay wages. How to deal with the employer's deduction and arrears of wages? It is suggested to report complaints to the local labor inspection brigade with jurisdiction and urge the arrears of wages. If you are in arrears, you can choose to file a labor arbitration to protect your rights.
Article 85 of the Labor Contract Law stipulates that if the employing unit is under any of the following circumstances, the labor administrative department shall order it 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 employer shall be ordered to pay compensation to the employee according to the standard of more than 50% 100% of the payable amount:
(1) Failing to pay laborers' labor remuneration in full and on time in accordance with the stipulations of the labor contract or the provisions of the state;
(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.
Article 276- 1 of China's criminal law stipulates: those who evade paying laborers' labor remuneration by transferring property or escaping. , or fails to pay labor remuneration to laborers who have the ability to pay, and still fails to pay after being ordered to do so by the relevant departments of * * *, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.