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What should I do if the boss keeps dragging his pay

Time: May 12, 2024 label: Labor disputes Labor dispute Reading: 960 people

Lawyer's analysis:

The boss has been dragging wages Treatment method for non delivery:
1. To the local labor supervision Department complaints, or call the hotline 12333.
2. To Human Resources and Social Security Bureau Apply for labor arbitration 。
3. Go to the local people's court Litigate , apply for payment order.

Legal basis:

Labor Contract Law
Article 30 The employing unit shall, in accordance with the provisions of the labor contract and national regulations, pay the labor remuneration to the laborer in full and on time.
If the employer defaults or fails to pay the labor remuneration in full, the worker 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 77 If the legitimate rights and interests of workers are infringed, they have the right to request the relevant departments to deal with it according to law, or apply for arbitration or bring a lawsuit according to law.
Article 85 If an employing unit has 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 standard, the difference shall be paid; If it fails to pay within the time limit, the Employer shall be ordered to pay additional compensation to the worker at a rate of not less than 50% but not more than 100% of the amount payable:
（1） Failing to timely and fully pay labor remuneration to workers in accordance with the provisions of the labor contract or state regulations;
（2） Paying labourers wages below the local minimum wage standard;
（3） Arranging overtime without paying overtime pay;
（4） Cancellation or termination of the labor contract without paying economic compensation to the worker in accordance with this Law.

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Lawyers' answers

ask What to do if the factory still owes money

How to deal with the arrears of the factory: 1. Collect the evidence related to the arrears of wages, such as the amount and number of people in arrears, the name and detailed address of the factory, the specific workload completed, the roster of wages previously paid, etc., and write them into written materials to the local workers

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ask How to deal with arrears of workers' wages

1. The laborer may negotiate with the employer; 2. Workers can complain to the labor administrative department; 3. Workers can apply to the local people's court for payment order according to law; 4. The laborer can file a labor arbitration and require the employer to pay the wage and remuneration in arrears and the equivalent of

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ask What should I do if I resign without approval

If a notice of unilateral termination of the labor contract is sent to the unit 30 days in advance, even if the unit leader does not sign for approval, he can leave the original unit 30 days later. If the unit does not perform the relevant procedures according to law, he can file a labor dispute arbitration or apply

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Referral lawyer

Lawyer Wei Liuxue

Guangxi Tongquan Law Firm

Lawyer Wei Liuxue has been engaged in legal services since 2001. He has a solid legal foundation and rich practical case handling experience. He is honest, down-to-earth, rigorous and meticulous, follows the principle of customer first, and provides high-quality legal services with the purpose of safeguarding the legitimate rights and interests of the client. He has successfully acted as an agent in many cases such as motor vehicle traffic accident liability disputes, divorce disputes, construction contract disputes, civil loan disputes, labor disputes, etc. He is good at handling family and marriage disputes, creditor's rights and debt disputes, traffic accident dispute claims, and criminal defense.

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