You can still recover 6 months after resigning from work in arrears

Updated on society 2024-02-09
7 answers
  1. Anonymous users2024-02-05

    1. If the employer is in arrears of wages and can still recover six months after resignation, the statute of limitations for labor arbitration is one year.

    2. 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.

    Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

    1) Disputes arising from the confirmation of labor relations;

    2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

    3) Disputes arising from removal, dismissal, resignation, or 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, etc.;

    6) Other labor disputes as stipulated by laws and regulations.

    Article 28 The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents.

    The statement of claim for arbitration shall contain the following particulars:

    1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;

    2) the claim for arbitration and the facts and reasons on which it is based;

    3) Evidence and evidence**, names and addresses of witnesses.

    If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party.

  2. Anonymous users2024-02-04

    According to the Labor Law, "wages shall be paid to the worker on a monthly basis in the form of money. The wages of the employee shall not be deducted or owed without reason", and "monthly payment" means that the wages shall be paid in the form of monthly wages and shall also be paid monthly, so the employer shall settle the wages within 30 days after the end of the natural month, and more than 30 days shall constitute wage arrears.

    You can file a complaint with the local labor law enforcement inspection brigade, or directly apply for labor arbitration (no fees, no lawyers) to the local labor administrative department, and claim wages from the unit through labor arbitration.

  3. Anonymous users2024-02-03

    As long as it is not sent to you, you can always recover it, it is your own.

  4. Anonymous users2024-02-02

    OK! If you really can't do it, go to the Arbitration Commission of the Labor Bureau to complain.

  5. Anonymous users2024-02-01

    Of course, this is absolutely possible, go to the labor bureau to sue.

  6. Anonymous users2024-01-31

    Legal Analysis: If the employee is in arrears of wages, the employee can terminate the employment relationship with the employer and request the other party to pay severance compensation. The severance indemnity is calculated according to the employee's seniority in the company, and is paid for one month for each full year, one month for half a year but less than one year, and half a month for less than half a year.

    The salary standard of the compensation is calculated according to the average income of the previous 12 months.

    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 In any of the following circumstances, the employer shall pay wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) Where the workers are arranged to work longer hours, they shall be paid wages and remunerations not less than 150 percent of the wages; (2) Where a worker is arranged to work on a rest day and cannot be arranged for a compensatory break, a wage remuneration of not less than 200 percent of the wage shall be paid, disturbing the pure chain; (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.

  7. Anonymous users2024-01-30

    It is possible to resign or to ask for severance payments. Wage disputes are disputes over labor remuneration in labor disputes, while disputes over labor remuneration fall within the scope of labor arbitration. If the employer fails to pay wages on time, the worker may file a complaint with the labor and social security administrative department (labor inspection brigade), and the labor inspection brigade shall order the employee to pay within a time limit.

    Legal basisArticle 79 of the Labor Contract Law.

    In the event of a labor dispute, the parties concerned shall first apply to the labor dispute arbitration commission for arbitration, and if they are not satisfied with the arbitral award, they may file a lawsuit with the people's court.

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