The restaurant closed down, and the owner couldn t find it, can the employees take the things in the

Updated on Restaurant 2024-07-01
3 answers
  1. Anonymous users2024-01-24

    Workers are not allowed to use the employer's goods as collateral to calculate wages, and workers can file complaints and reports with the local labor inspection department or apply for labor arbitration.

    If wages are not paid in a timely manner, there are two ways to claim wages:

    1. Workers can complain to the local labor bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;

    2. You can apply for arbitration at the local labor bureau and demand payment of wages. If you do not have an employment contract, you can also demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

    Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

    Legal basis: Provincial wage payment regulations. For example:

    Article 13 of the Regulations of Guangdong Province on the Payment of Wages Article 13 Where an employer terminates or dissolves a labor relationship with an employee in accordance with the law, it shall settle the settlement and pay the employee's wages in a lump sum on the day of termination or dissolution of the labor relationship.

    Article 33 of the Provisions on the Payment of Wages by Enterprises in Shandong Province Where an enterprise dissolves or terminates a labor contract with a worker in accordance with the law, the enterprise shall pay the wages due to the worker in a lump sum when the labor contract is dissolved or terminated.

  2. Anonymous users2024-01-23

    No, you can't have to go through legal channels or have a paper agreement with your boss. Report to the public security and directly choose or sue in court.

  3. Anonymous users2024-01-22

    You can claim economic compensation and apply to the court for bankruptcy liquidation.

    Article 44 of the Labor Contract Law.

    The labor contract shall be terminated under any of the following circumstances:

    1) The term of the labor contract has expired;

    2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

    3) The worker dies, or is declared dead or missing by the people's court;

    4) The employer has been declared bankrupt in accordance with the law

    5) The employer's business license has been revoked, ordered to close down, revoked, or the employer has decided to dissolve ahead of schedule

    6) Other circumstances provided for by laws and administrative regulations.

    Article 46 of the Labor Contract Law The employer shall pay economic compensation to the employee under any of the following circumstances:

    1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

    2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

    3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

    4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

    5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

    6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

    7) Other circumstances provided for by laws and administrative regulations.

    Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid to the employee according to the number of years of service in the employer and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year as announced by the people's government of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be three times the average monthly wage of the worker, and the maximum period of time for which severance shall be paid shall not exceed 12 years.

    The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

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Going to the labor bureau to complain about your boss is the best choice, it is irrational for you to move things by yourself, don't become unreasonable when the time comes! Someone else owes you wages, but you have no right to move his belongings. Of course, if you think you can eat it all in black and white, you can.