Cashier in the restaurant, the salary pressed by resignation is not paid, and will I be detained if

Updated on Restaurant 2024-06-05
3 answers
  1. Anonymous users2024-01-24

    1. If the amount is not large (no more than 10,000 yuan), and the employer is in arrears of wages, the employee is not enough to embezzle;

    2. It is illegal for the employer to default on wages, and the employee should take legal measures to protect his rights, such as complaining to the local labor inspection brigade or applying for arbitration at the labor dispute arbitration department, and the administrative department of the labor bureau will assist the worker in protecting his rights;

    3. The Supreme People's Court's provisions on the relatively large amount of the crime of embezzlement in public office: The amount of embezzlement in public office is between 10,000 and 100,000 yuan, which is the starting point standard of "relatively large amount". The amount of embezzlement in public office is more than 100,000 yuan, which is the starting point standard of "huge amount".

    According to the Criminal Law of the People's Republic of China

    Article 271:Personnel of companies, enterprises, or other units who take advantage of their positions to illegally take possession of their unit's property, and the amount is relatively large, shall be sentenced to up to five years imprisonment or short-term detention; where the amount involved is huge, the sentence is to be five or more years imprisonment, and property may be confiscated concurrently.

    Where personnel engaged in public affairs in state-owned companies, enterprises, or other state-owned units, or personnel appointed by state-owned companies, enterprises, or other state-owned units to engage in public affairs in non-state-owned companies, enterprises, or other units, have the conduct described in the preceding paragraph, they are to be convicted and punished in accordance with the provisions of articles 382 and 383 of this Law.

    In accordance with the Labor Contract Law

    Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

    1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

    2) Paying wages to workers at a rate lower than the local minimum wage standard;

    3) arranging overtime work without paying overtime pay;

    4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

  2. Anonymous users2024-01-23

    If the worker has a deposit slip, then if he resigns and the unit does not return the deposit, he can report to the labor bureau for settlement and apply for compensation, but he cannot take the company's public funds.

  3. Anonymous users2024-01-22

    Or don't do that, why not pay a pressure salary?

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The resignation salary is paid normally, one is to settle on the spot, and the other is to punch in and pay directly to the salary card.

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If the salary is not paid for more than three months, he can complain to the Labor and Social Security Bureau, which will make him suspend business for rectification, pay his salary and reopen the business.