Traditional Culture Encyclopedia - Hotel reservation - How to recover the salary owed by the hotel?
How to recover the salary owed by the hotel?
Ask for explanations with other workers.
Question 2: How do hotels complain about employers' deduction or arrears of employees' wages? Employees can complain to the labor security supervision brigade about the unit.
When you go to the labor inspection brigade to complain, you should bring your ID card, the full name of the employer, the name and contact number of the person in charge, and relevant evidence that can prove that the worker works in the employer. The labor security supervision brigade will issue a deadline for correction. If no correction is made within the time limit, the labor security supervision brigade may issue a decision on administrative punishment; If it is not executed within the time limit, it shall apply to the court for compulsory execution. At the same time, if the employee fails to make corrections within the time limit, the employee can claim that the employer pays you 50% of the unpaid wages-100%.
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, and wages of workers shall not be deducted or delayed without reason.
Article 30 of the Labor Contract Law, 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.
"Interim Provisions on Payment of Wages" Article 9 If both parties to the labor relationship dissolve or terminate the labor contract according to law, the employer shall pay the employee wages in one lump sum when dissolving or terminating the labor contract.
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.
Question 3: What about the hotel's arrears of wages? 100 points, first find the manager to coordinate, just say that there is no money to use, and see if you can advance it.
If not, don't give money, go to the labor bureau and sue them.
However, hotels generally don't owe such a little money unless they are about to close down.
Question 4: What if the hotel is in arrears with wages and applies for labor arbitration?
Law on mediation and arbitration of labor disputes
Article 2 This Law shall apply to the following labor disputes between employers and employees in People's Republic of China (PRC):
(1) Disputes arising from the confirmation of labor relations;
(2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts;
(3) Disputes arising from delisting, dismissal, resignation or resignation;
(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;
(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;
(six) other labor disputes as prescribed by laws and regulations.
Question 5: I worked in a hotel, but I quit. The hotel still owes me half a month's salary, and I won't pay it back. How can I get my salary back? If this happens, you should collect and keep the specific facts and conclusive evidence of the other party's arrears of wages together with other workers, and send representatives to the local labor inspection department with jurisdiction to reflect and complain, and ask them to help you supervise the arrears of wages. If you still can't solve the problem or are not satisfied with the result, you can bring a lawsuit to the court. Pay attention to keep calm and restrained, and don't have other conflicts with each other with excessive behavior.
The unified telephone number for reporting unpaid wages is 12333. It is the first choice to ask the labor inspection department for help to urge wages, with low cost, short time and simple procedures.
Question 6: What should the hotel do if it defaults on the chef's salary? The two sides can negotiate to solve the problem of labor remuneration.
If negotiation fails, you can apply to the Labor Arbitration Committee for labor arbitration. If you are dissatisfied with the arbitration result, you can bring a civil lawsuit to the court.
The problem of wage arrears can also be complained to the labor inspection department.
People's Republic of China (PRC) labor dispute mediation and arbitration law
Article 2 This Law shall apply to the following labor disputes between employers and employees in People's Republic of China (PRC).
(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;
Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to a mediation organization for mediation; Unwilling to mediate, failing to mediate or failing to perform after reaching a mediation agreement, you may apply to the Labor Dispute Arbitration Committee for arbitration; Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court unless otherwise stipulated in this Law.
Article 9 If the employing unit violates the provisions of the state, it is in arrears or fails to pay the labor remuneration in full, or is in arrears with the medical expenses for work-related injuries, economic compensation or compensation, the employee may complain to the labor administrative department, which shall handle it according to law.
Question 7: The hotel is about to close down. What should I do if I default on my employees' wages? The closure of the company should go through legal procedures, one of which is to pay off the wages of employees and pay the corresponding economic compensation.
Question 8: What should I do if the hotel waiter's salary is in arrears? If you sign the contract,
The contract should indicate when the payday is.
You can according to the labor contract
Ask him for his salary on the stipulated payday.
If he postpones, he must postpone according to the number of days.
Compensation for delayed payment of employees
Of course, employees can also choose not to postpone payment.
Pay wages normally
If the company forcibly delays the payment of wages
You can take the contract to the local labor bureau for help.
If you didn't sign the contract,
Then it's not a regular company
Then you will be absent from work.
Get last month's salary and get out.
Question 9: How to solve the problem that hotels owe employees money can only be solved through labor arbitration. The premise is that there must be evidence, otherwise it will not be accepted. If the quantity is not large, it is recommended to give up. It's not worth wasting time.
Question 10: What should I do if I work in a hotel and always pay in arrears? According to the law, if I don't pay my salary at the end of January, I will be in arrears. You can report it.
1. Complain to the local labor inspection department or call the hotline 12333.
2. Go to the Human Resources and Social Security Bureau to apply for labor arbitration.
3. Go to the local people's court to file a lawsuit and apply for a payment order.
According to the 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 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 laborer according to the standard of more than 50% 100% of the payable amount.
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