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There is no specific time for this, and labor arbitration cases are generally concluded within 60 days. If the other party does not enforce the judgment after the judgment, it will also apply for compulsory enforcement.
Article 85 of the Labor Contract Law If an employer falls 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 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.
Article 276-1 of the Criminal Law of our country stipulates: Whoever evades the payment of laborers' labor remuneration by means such as transferring property or escaping, or has the ability to pay but fails to pay laborers' labor remuneration, and the amount is relatively large, and the payment is still not made after being ordered to do so by the relevant departments, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.
Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.
Where there are acts in the preceding two paragraphs, but serious consequences have not yet been caused, and the laborer's labor remuneration is paid before the public prosecution is initiated, and the corresponding liability for compensation is borne in accordance with law, the punishment may be commuted or waived.
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The investigation of violations of labor security laws, regulations or rules by the administrative department for labor security shall be completed within 60 working days from the date on which the case is filed; If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.
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1. If the boss owes the employee two months' wages, if he doesn't want to do it, can he get the full salary if he goes to the labor bureau to sue him? Not necessarily, first you need to prove the existence of an employment relationship when you go to the labor bureau. It depends on the specific circumstances such as whether the relevant evidence can be used by the labor arbitrator.
2. I'm in Shenzhen, and I went to the Labor Bureau to sue, but they said that the area was not under their control, and one pushed the other, so we really had no choice? You need to find out which industrial and commercial bureau the unit you work for is registered with, confirm whether there is industrial and commercial registration, etc., and if so, apply to the labor arbitration commission of the human resources and social labor security bureau of the industrial and commercial registration of the unit. 3. I don't know how to submit an arbitration application to an arbitration institution!
Help us! Arbitration institutions have ready-made application forms, and you can fill them out according to the format on the application form.
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1. Labor Dispute Mediation and Arbitration Law Article 9 [Labor Inspection] If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears in arrears of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with the law.
2. Article 17 of the Regulations on the Supervision of Labor and Social Security: The investigation of violations of labor security laws, regulations or rules by the administrative department of labor and social security shall be completed within 60 working days from the date of filing the case; If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.
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The general time limit for labor arbitration cases is 60 days, but if the other party does not perform after the conclusion of the case, you still have to apply for enforcement, so the time cannot be as specific as how many days
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If the unit's behavior is illegal, you can claim compensation and contact the lawyer specifically.
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Legal analysis: There is no specific time for this, and labor arbitration cases are generally concluded within 60 days. If the other party does not enforce the judgment after the judgment, it will also apply for compulsory enforcement.
Legal basis: Article 48 of the Labor Law of the People's Republic of China The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record.
The wages paid by the employer to the employee shall not be lower than the local minimum wage.
Labor Contract Law of the People's Republic of China
Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and in a timely manner. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
Article 44 Under any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) if the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.
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Legal analysis: If the arrears of wages are reported to the labor bureau, the labor bureau will generally accept the complaint within 5 working days from the date of receipt of the complaint in accordance with the law, and file the case for investigation and punishment on the date of acceptance. If the mediation is unsuccessful or after the mediation agreement is reached, if one party fails to perform the mediation agreement within the time limit agreed in the agreement, the other party may apply for arbitration in accordance with law.
Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes
Article 14: Where an agreement is reached through mediation, a mediation agreement shall be drafted. The mediation agreement shall be signed or sealed by both parties, and shall take effect after being signed by the mediator and affixed with the seal of the mediation organization, and shall be binding on both parties and shall be performed by the parties. If no mediation agreement is reached within 15 days from the date of receipt of the mediation application by the labor dispute mediation organization, the parties may apply for arbitration in accordance with law.
Article 15 After reaching a mediation agreement, if one party fails to perform the mediation agreement within the time limit agreed in the agreement, the other party may apply for arbitration in accordance with law.
Article 29 Within five days from the date of receipt of the arbitration application, if the labor dispute arbitration commission finds that the conditions for acceptance are met, it shall accept the application and notify the applicant; Where it is found that the requirements for acceptance are not met, the applicant shall be notified in writing not to accept the application and the reasons shall be explained. If the labor dispute arbitration commission does not accept the case or fails to make a decision within the time limit, the applicant may file a lawsuit with the people's court on the labor dispute matter.
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In accordance with the Interim Provisions on Payment of Wages
Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration organ for arbitration in accordance with the law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
Article 18 The labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:
1) Withholding or defaulting on the wages of workers without reason;
2) Refusal to pay wages for extended working hours;
3) Paying wages to workers at a rate lower than the local minimum wage. The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
The law does not explicitly stipulate how long you can go to the labor bureau to sue the boss for arrears of wages, so no matter how long you are in arrears of wages, you can complain to the labor bureau, but in practice, it is easier to accept a complaint if you are in arrears of wages for more than a month.
1. The legal consequences of an enterprise's wage arrears.
The labor administrative department shall order the payment of labor remuneration, overtime pay or economic compensation within a time limit; 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 payableIf the employer is in arrears of wages without reason, the employee may also be forced to terminate the labor contract and request the company to pay economic compensation. You can mail a written notice of forced termination of the labor contract to the company, and then file a labor arbitration to claim that the company should pay you one month's salary per year according to the length of service.
2. Determination of unjustified wage arrears.
According to Articles 7, 8 and 9 of the Interim Provisions on Payment of Wages, wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wages can be paid on a weekly, daily, and hourly basis; For workers who have completed one-time temporary labor or a specific job, the employer shall pay wages to the employee after the completion of the labor task in accordance with the relevant agreement or contract.
When both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum within 5 days of the termination or termination of the labor contract.
1) The employer is unable to pay wages on time due to natural disasters, wars and other reasons that are beyond human resistance;
2) If the employer's capital turnover is affected due to production and operation difficulties, it may, with the consent of the labor union of the employer, temporarily postpone the payment of wages to the employee, and the maximum length of the extension period may be determined by the labor administrative departments of each province, autonomous region or municipality directly under the Central Government according to the local situation.
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If the employer is in arrears of wages for more than one wage payment cycle, the employee can go to the labor bureau to sue the boss. Wage arrears refer to the employer's act of paying wages beyond the time agreed between the employer and the employee in violation of the law.
Legal basisArticle 4 of the Law on Mediation and Arbitration of Labor Disputes.
In the event of a labor dispute, the worker may negotiate with the employer, or ask the labor union or a third party to negotiate with the employer to reach a settlement agreement.
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 the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit with the people's court, except as otherwise provided for in this Law.
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Legal analysis: The law does not specify the time of arrears, and wages should usually be paid on the date agreed in the employment contract. If the salary is not paid on the agreed date, it is considered that the salary is not paid in time.
As long as the wages are in arrears, you can apply for labor arbitration. The employer's arrears of wages infringe on the legitimate rights of the employee.
Legal basis: Article 27 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 27 The limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.
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Hello, about how long can you go to the labor bureau to sue the boss about wage arrears, the worker first negotiates with the employer and agrees on the payment date, and if the payment is not made after the expiration, the worker should collect evidence to complain to the labor appraisal team, or apply to the labor dispute arbitration committee for arbitration. According to Article 7 of the Interim Provisions on Payment of Wages, wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day.
Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented. Article 18 The labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:
1) Withholding or defaulting on the wages of workers without reason; 2) Refusal to pay wages for extended working hours; 3) Paying wages to workers at a rate lower than the local minimum wage. The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State. Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration organ for arbitration in accordance with the law.
If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
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According to Article 19 of the "Interim Provisions on the Payment of Wages", if a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration organ for arbitration in accordance with the law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the People's Court. Article 18 Labor administrative departments at all levels have the right to supervise the payment of wages by employers.
If an employer commits any of the following acts that infringe upon the lawful rights and interests of a worker, the labor administrative department shall order the employer to pay the worker's wages and economic compensation, and may also order the employer to pay compensation: (1) Withholding or defaulting on the wages of the worker without reason; 2) Refusal to pay wages for extended working hours; 3) Paying wages to workers at a rate lower than the local minimum wage. The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
The law does not explicitly stipulate how long you can go to the labor bureau to sue the boss for arrears of wages, so no matter how long you are in arrears of wages without reason, you can file a complaint with the labor bureau, but in practice, it is easier to accept a complaint if you are in arrears of wages for more than one month.
It should be fine, because the indefinite time limit when renewing is a national regulation, and what your boss said doesn't work, hehe, it doesn't matter if it is changed, it depends on the labor law.