Because you didn't sign a labor contract and didn't pay insurance, you lost important evidence to prove the employment relationship. Because first of all, you need to obtain strong evidence of working with him, such as salary slips, work notes at work, videos of work at work, etc. to confirm the existence of employment relationship. This is the most important legal evidence.

if the employer is in arrears with the employee's wages, the employee can lodge a complaint with the local labor inspection department or apply for labor arbitration. Generally, as long as the case conforms to the labor dispute, the labor department will accept it. Even if it is not accepted, the labor department needs to issue a notice of rejection.

If the employee resigns, he can terminate the labor relationship by notifying the employer in writing one month in advance. After the resignation expires, the employer shall pay the employee's salary and go through the resignation formalities according to the regulations.

1. If you work for an employer, there are two ways to ask for payment of wages:

1. Laborers can complain to the local labor bureau for labor inspection; Advantages: The method is simple. Disadvantages: law enforcement in various places may not be very strong;

2. You can apply for arbitration at the local labor bureau (Labor Dispute Arbitration Committee of Human Resources and Social Security Bureau) and ask for payment of wages. If you have not signed a labor contract, you can ask for double wages for not signing a labor contract. If the termination of labor relations is based on unpaid wages, you can also ask for economic compensation.

Advantages: In addition to wages, you can also advocate economic compensation, double wages, etc., and generally they can be finally solved; Disadvantages: applying for labor arbitration is a labor lawsuit, with a little more procedures and needs professional guidance.

2. If you work for an individual, it is not a labor relationship, you can directly go to the court to sue the individual's boss and demand payment of labor remuneration.

article 2 of the labor dispute mediation and arbitration law? This Law shall apply to the following labor disputes between employers and workers in the People's Republic of China:

(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 and resignation;

(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;

(5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;

article 51 of the labor law shall pay the wages to the workers themselves on a monthly basis in the form of money. The wages of workers shall not be deducted or delayed without reason.

Article 18 of the Interim Provisions on Payment of Wages stipulates that labor administrative departments at all levels have the right to monitor the payment of wages by employers.

if an employer commits any of the following acts that infringe upon the legitimate rights and interests of workers, the labor administrative department shall order it to pay wages and economic compensation to the workers, and may order it to pay compensation:

(1) withholding wages from the workers or failing to pay them without reason;

(2) refusing to pay overtime wages to workers;

(3) paying workers' wages below the local minimum wage standard.

the standards of economic compensation and compensation shall be implemented according to the relevant provisions of the state.

Extended information:

The steps of the Labor Dispute Mediation Committee to mediate labor disputes are as follows:

1) Apply; 2) acceptance; 3) investigation; 4) mediation; 5) Make a mediation agreement.

1. Mediation of labor disputes

Mediation is one of the basic ways to deal with labor disputes in enterprises. In fact, mediation can run through the whole process of solving labor disputes. It not only refers to the mediation work evaluated by the arbitration commission or the court after the enterprise labor dispute enters arbitration or litigation, but also refers to the mediation activities done by the enterprise mediation Committee on the enterprise labor dispute. Mediation here refers to the latter. The mediation activities carried out by the enterprise mediation committee mainly mean that, after accepting the mediation application of both parties to the dispute, the mediation committee should first find out the facts and clarify the responsibilities, and on this basis, according to the relevant laws and the provisions of the collective contract or labor contract, through its own persuasion and induction, finally, the two parties will voluntarily reach an agreement to resolve the labor dispute on the premise of mutual concessions.

On October 7, 2118, Shenzhen established a four-level mediation network for labor disputes.

2. Labor dispute arbitration

Arbitration, as one of the ways to deal with labor disputes in enterprises, refers to the law enforcement behavior of labor dispute arbitration institutions to arbitrate the disputes between the two parties in dispute according to law.

Arbitration generally goes through several stages:

(1) Case acceptance stage. This stage includes two tasks: first, the parties submit a written application for arbitration to the labor dispute arbitration Committee within the prescribed time limit; The second is case acceptance. The arbitration commission shall make a decision on whether to accept or not to accept the arbitration application within a period of time after receiving it.

(2) investigation and evidence collection stage. The purpose of investigation and evidence collection is to collect relevant evidence and materials, find out the implementation of disputes, and make preparations for the next mediation or ruling. The investigation and evidence collection work includes writing an investigation outline, conducting targeted investigation and evidence collection according to the investigation outline, and verifying the investigation results and relevant evidence.

(3) mediation stage. On the basis of finding out the facts, the arbitration tribunal should first do mediation work and try to urge both parties to reach an agreement voluntarily. The arbitration tribunal that has reached an agreement shall also make an arbitration conciliation statement.

(4) the adjudication stage. If the mediation by the arbitration tribunal fails or the parties renege before the arbitration mediation book is served, and the mediation fails, the handling of the labor dispute will enter the adjudication stage. The award of the arbitration tribunal shall be made by convening an arbitration meeting. Generally, it is necessary to go through the process of court investigation, debate and presentation between the two sides, and finally the arbitrator will fully negotiate the disputed facts and make an award according to the principle that the minority is subordinate to the majority. The arbitration tribunal shall make a mediation award after making an award. If a party refuses to accept the ruling, he may bring a suit in court within the specified time.

(5) the implementation stage of mediation or award. The arbitration conciliation statement shall take effect as of the date it is served on the parties; The arbitration award shall take effect after the expiration of the statutory prosecution. After the mediation or ruling takes effect, both parties should consciously implement it.

3. Labor Dispute Litigation

Labor dispute litigation is an activity that people's courts try labor dispute cases according to the procedures of civil litigation laws and regulations, based on labor laws and regulations.

labor disputes should be resolved promptly and correctly.

Note:

1. According to the current laws, the main legal channels for workers to protect their rights are: labor dispute handling procedures and labor security supervision procedures.

2. At present, both procedures have their own shortcomings:

(1) If they are settled according to the labor dispute handling procedures, the workers need to appear in court to give evidence and handle complicated arbitration proceedings, and their rights and interests are often not guaranteed due to their weak ability to respond to the lawsuit.

(2) reporting complaints according to the labor inspection procedure can avoid the burden of appearing in court and the cost is low. However, due to the lack of strong support from the judicial system in handling such cases, it is very difficult to handle and implement labor security supervision.

Baidu encyclopedia: labor disputes