What should I do if the company does not pay wages in arrears?

If the employer is in arrears of wages, the employee can file a complaint with the labor administrative department or directly apply for labor arbitration. If you complain to the labor administrative department, you should go to the labor inspection brigade in the urban area to complain about the company's wage arrears, and the labor inspection brigade will accept it, leave the relevant information of the complainant, and then contact the complained company to investigate and understand, if the situation is true, the labor inspection brigade will come forward to mediate, and require the complained company to correct its violation of the labor law and other relevant laws and regulations within a time limit, if the company refuses to implement, the labor inspection brigade will apply to the court for compulsory enforcement, and punish the unit. Wage arrears are a common problem that employees can solve with the following methods:

1.Complain and report to the labor administrative department (usually the labor inspection brigade). 2.

It is also possible to apply directly for labor arbitration (arbitration does not charge arbitration fees). 3.If you are not satisfied with the outcome of the arbitration, you can file a lawsuit in court within the statutory time limit.

Finally, if the company still does not pay the arrears of wages if there is an effective legal document, the employee can apply to the court for enforcement based on the effective legal document and the written application for enforcement.

The solution is that if you have terminated the employment relationship with the company, you should file for labor arbitration within one year from the date of termination of the employment relationship.

When the company defaults on the wages of the employee, the employee shall make a written report or complaint to the local labor and social security inspection brigade in accordance with the law, and request the company to pay the arrears of wages and at the same time pay the employee additional compensation according to the standard of more than 1 time of the amount of arrears payable. Alternatively, the worker can directly apply to the local labor dispute arbitration commission for arbitration in accordance with the law (labor dispute arbitration is free of charge), and if he is not satisfied with the arbitration, he can also file a lawsuit with the court in accordance with the law (10 yuan for labor dispute cases).

Article 77 of the Labor Contract Law If the legitimate rights and interests of an employee are infringed, he or she has the right to request the relevant department to deal with it in accordance with the law, or to apply for arbitration or file a lawsuit in accordance with the law.

Article 27 of the Law on Mediation and Arbitration of Labor Disputes stipulates that 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.

The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.

Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, the application shall be filed within one year from the date of termination of the labor relationship.

If wages are in arrears or withheld, the employee may negotiate with the unit to settle the issue.

If the negotiation fails, the employee may apply to the local district and county-level labor arbitration court (the labor arbitration court is located in the Human Resources and Social Security Bureau) for arbitration and request back wages.

Unpaid wages can be resolved through labor arbitration, or you can sue directly in court for payment of the wages owed.

What should I do if my employer owes wages?

Legal analysis: If the company has not paid wages in arrears, it can first negotiate with the company or reach a settlement, and if the negotiation fails or cannot reach a settlement, you can apply to the mediation organization for mediation; It is also possible to apply to the labor dispute arbitration commission for arbitration, and if you are not satisfied with the arbitration award, you can file a lawsuit with the people's court. According to the law, the employer shall pay the labor remuneration of the employee in full, and if the employer fails to pay the labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state, the labor administrative department shall order the employee to pay the labor remuneration, overtime pay or economic compensation within a time limit.

Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China 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 5 of the Labor Dispute Mediation and Arbitration Law 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 in the people's court, except as otherwise provided by this Law.

The solution to the non-payment of unpaid wages:

1. Complain and report to the local labor and social security supervision agency.

2. Apply to the local labor dispute arbitration commission for arbitration.

3. Resolve through litigation.

According to the provisions of the state, in the case of arbitration or litigation, in addition to the full payment of the employee's wages and remuneration within the prescribed time, an additional economic compensation equivalent to 25% of the wages and remuneration shall be paid. Unjustified wage arrears is the act of an employer defaulting on the employee's wages without any legitimate or even reasonable reason.

Acts of delaying or underpaying employees' wages. Unjustified wage arrears are not legal, and if there is a contract between the parties, the party owed can take the other party to court. If the employer fails to pay the employee in full and in a timely manner, the employee may terminate the labor contract.

Workers should pay attention to the following in the protection of their rights against wage arrears

1. Confirm the facts of the labor relationship with the unit, such as payroll, attendance records, and documents in the process of work.

2. After confirming the labor relationship, you can negotiate with the boss and ask the employer to pay back wages for the illegal behavior of the unit in arrears of wages.

3. If the negotiation fails, bring the relevant materials to the labor bureau to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration.

4. If the amount of arrears of wages is relatively large, you can directly ask a lawyer to file a lawsuit and recover the arrears of wages through litigation.

It is recommended to negotiate with the company first to see what the reason for the company's arrears of wages is and whether it can pay part of the wages first; If the negotiation fails, you can report the situation to the local labor inspection brigade and let them intervene in the coordination, if the coordination still fails, you can apply for labor arbitration for recovery, and if the company does not implement the award after it takes effect, you can apply to the court for enforcement.

It is also possible to unilaterally resign on the grounds of arrears of wages by the company, and require the company to pay economic compensation, one month's salary for each year of work, and one month's salary for less than one year but half a year, and half a month's salary for less than half a year.

According to Article 10 of the Regulations of Guangdong Province on the Payment of Wages, the employer shall pay wages in full in the form of money in accordance with the fixed wage payment cycle, and shall not be in arrears or deducted. Where a monthly, weekly, daily, or hourly wage system is implemented, the wage payment cycle may be determined on a monthly, weekly, daily, or hourly basis. Where a piece-rate wage system is implemented or wages are paid based on the completion of certain tasks, the wage payment cycle may be agreed upon according to the piecework or completion of work tasks, but if the payment cycle exceeds one month, the employer shall pay wages every month in accordance with the agreement.

If the annual salary system is implemented or wages are paid according to the appraisal cycle, the employer shall pay the wages every month as agreed, and shall settle and pay the wages in full at the end of the year or at the end of the appraisal cycle.

If the company does not pay the wages owed, the worker can claim the wages through the following methods: negotiate with the boss; apply for mediation with a mediation organization; Apply to the Labor Dispute Arbitration Commission for arbitration; Directly request a payment order from the people's court; lodge a complaint with the labor administrative department; Dissatisfied with the labor arbitration award, file a lawsuit with the people's court; Other.

[Legal basis].Article 5 of the Law on Mediation and Arbitration of Labor Disputes.

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 in the people's court, except as otherwise provided by this Law.

After the bankruptcy of the company, the wages and medical treatment, disability subsidies and bereavement expenses owed to the employees, the basic endowment insurance and basic medical insurance expenses that should be transferred to the personal accounts of the employees, and the compensation that should be paid to the employees according to laws and administrative regulations, do not need to be declared, and the manager shall make a list and publicize them after investigation, and the manager can directly claim them after the expiration of the publicity period. If employees have objections to the list records, they may request that the manager make corrections; If the manager refuses to make corrections, the employee may file a lawsuit in the people's court.

Legal analysis: If the company is in arrears of wages, the employee can file a complaint with the labor inspection in the local human resources and social security bureau; or apply to the labor dispute arbitration committee within the local human resources and social security bureau for arbitration and demand payment of wages. The labor administrative department will order the employee to pay labor remuneration, overtime pay or economic compensation within a specified period.

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and national regulations, pay the labor remuneration to the employee 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 or training for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

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