2. According to the provisions of Article 30 of the Labor Contract Law, if the employer defaults 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.
The most effective way is through labor arbitration (no charge, no lawyer). In the process of arbitration, you can collect as much relevant evidence as possible, which is beneficial to the ruling.
It doesn't matter if there is no evidence. According to Article 6 of the Supreme People's Court's Provisions on Evidence in Civil Litigation, the main burden of proof in labor dispute cases shall be borne by the employing unit, which shall be ordered to produce relevant evidence.
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People's Republic of China (PRC) labor contract law
Article 23? The employer and the employee may agree in the labor contract to keep the employer's business secrets and confidential matters related to intellectual property rights.
For the workers who have the obligation of confidentiality, the employer may stipulate the non-competition clause with the workers in the labor contract or confidentiality agreement, and stipulate that after the labor contract is dissolved or terminated, the economic compensation will be paid to the workers on a monthly basis during the non-competition period. If the laborer violates the non-competition agreement, he shall pay liquidated damages to the employer in accordance with the agreement.
Article 24? The personnel with non-competition restrictions are limited to the senior managers, senior technicians and other personnel with confidentiality obligations of the employing unit. The scope, area and time limit of non-competition shall be agreed by the employer and the employee, and the agreement on non-competition shall not violate the provisions of laws and regulations.
After the dissolution or termination of the labor contract, if the personnel specified in the preceding paragraph go to other employers that have a competitive relationship with their own units to produce or operate similar products or engage in similar businesses, or start their own businesses to produce or operate similar products or engage in similar businesses, the non-competition period shall not exceed two years.
Article 25? Except for Article 22 of this Law? What about article 23? Except under specified circumstances, the employer shall not agree with the employee that the employee shall bear the liquidated damages.
Article 26? The following labor contracts are invalid or partially invalid:
(1) Causing the other party to conclude or change a labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others;
(2) The employer exempts itself from legal liability and excludes the rights of workers;
(3) Violating the mandatory provisions of laws and administrative regulations.
Any dispute over the invalidity or partial invalidity of a labor contract shall be confirmed by the labor dispute arbitration institution or the people's court.
Article 27? If part of the labor contract is invalid and does not affect the validity of other parts, the other parts are still valid.
Article 28? If the labor contract is confirmed to be invalid and the laborer has paid the labor remuneration, the employer shall pay the labor remuneration to the laborer. The amount of labor remuneration shall be determined with reference to the labor remuneration of workers in the same or similar positions in the unit.
Baidu Encyclopedia-People's Republic of China (PRC) Labor Contract Law