How long does it take for a company to file a lawsuit if it owes wages

1. The salary of the month of resignation shall be paid at the time of resignation;

II. Chapter IV: Legal Responsibility.

Article 47 Where an employer is in arrears or deducts wages from a worker for more than two consecutive months, or the circumstances are particularly serious, the labor and social security department shall order the employer to make corrections and make an administrative decision. If an employer refuses to implement an administrative decision within the prescribed time limit, the labor and social security department may apply to the people's court for compulsory enforcement in accordance with law.

Article 48 Where an employer falls under any of the following circumstances, the labor and social security department at or above the county level shall order it to make corrections within a set period of time; If the correction is not made within the time limit, the employer may be fined not less than 5,000 yuan but not more than 10,000 yuan, and its legal representative may be fined not less than 1,000 yuan but not more than 5,000 yuan

1) Failing to formulate a wage payment system in accordance with the law and inform all workers in the unit;

2) Failure to pay wages to workers in monetary form;

3) Failure to settle and pay the wages of the worker in a lump sum on the day of termination or dissolution of the labor relationship;

4) Failure to truthfully compile a wage payment ledger;

5) Failure to provide the worker with a list of his or her wages.

Generally, wages are paid within one month after resignation. If you don't know if you don't know the salary, call 114 for a lawyer**. 114 local spend per minute. You'll find out as soon as you ask.

Legal analysis: One day of arrears can be complained. Salaries are paid on a monthly basis.

It is okay to pay the salary of the previous month in the current month, but it is illegal to cross the month; If the company is in arrears of wages, the employee can file a complaint with the labor inspection brigade, which will order the employer to pay wages within a time limit, and if the payment is not made within the time limit, additional compensation will be paid.

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 the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner.

In the case of an employer in arrears or insufficient payment of labor remuneration, 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.

In principle, the law does not specify how long a lawsuit can be filed for non-payment of remuneration. In other words, as long as the company does not pay the labor remuneration within the agreed time, the employee can sue. However, the parties should fully consider the cost of litigation before filing a lawsuit, and the lawsuit must bear the litigation costs, as well as the cost of manpower, material resources and time.

If an individual wants to file a lawsuit, he or she must first write a complaint, which should contain the request and reasons for the lawsuit. After writing the complaint, bring the complaint, ID card, household registration booklet, and the original or photocopy of relevant evidence to the court where the respondent's household registration is located, or the place where the person has resided habitually for more than one year, to file a lawsuit. After the court decides to hear the case, it will first organize the two parties to mediate, and if the mediation is successful, a civil mediation letter will be signed, and if it is unsuccessful, it will be tried on a later date.

After the parties receive the notice to appear in court, they shall appear in court on time to participate in the trial.

Civil Code of the People's Republic of China

Article 188:The statute of limitations for requests to the people's courts for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

Civil Procedure Law of the People's Republic of China

Article 15: Hu Hall supports prosecution.

State organs, social groups, enterprises, and public institutions may support the units or individuals who have been informed or harmed in bringing lawsuits to the people's courts for conduct that harms the civil rights and interests of the state, collectives, or individuals.

If you are in arrears for one day, you can file a complaint. Salaries are paid on a monthly basis. It is okay to pay the previous month's salary in the current month, but it is illegal to cross months; If the company is in arrears of wages, the employee can file a complaint with the labor inspection brigade, which will order the employer to pay wages within a time limit, and if the payment is not made within the time limit, additional compensation will be paid.

1. Can the salary be paid on time after taking leave?

If you take leave, your salary should be paid on time. 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 where weekly, daily, and hourly wage systems are implemented, wages may be paid on a weekly, daily, and hourly basis. It is okay to pay the previous month's salary in the current month, but it is illegal to cross months; If the company is in arrears of wages, the employee can file a complaint with the labor inspection brigade, which will order the employer to pay wages within a time limit, and if the payment is not made within the time limit, additional compensation will be paid.

2. Is it legal for the boss to press one month's salary?

Salaries are paid on a monthly basis. It is okay to pay the previous month's salary in the current month, but it is illegal to cross months; If the company is in arrears of wages, the employee can file a complaint with the labor inspection brigade, which will order the employer to pay wages within a time limit. It is also illegal for the company to not sign an employment contract, and you can ask him to pay double wages.

3. What should I do if my salary is not paid on time?

According to Article 91 of the Labor Law, if a unit infringes upon the legitimate rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the payment of wages and remuneration and economic compensation to the worker, and may also order the payment of compensation: (1) deducting or arrears of wages of the worker without reason; (2) Refusal to pay wages and remuneration for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard; (4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law. If the company fails to pay wages on time, which is an illegal act, the employee can file a complaint with the labor inspection brigade where the company is located, and the labor inspection brigade may order the employer to pay wages within a time limit. If the coordination of the labor inspection brigade is ineffective, the worker may apply for labor arbitration to request the employer to pay wages; If the employer refuses to enforce the arbitration decision, the employee may apply to the people's court for compulsory enforcement if the employer refuses to enforce the arbitration award.

Article 30 of the Labor Contract Law of the People's Republic of China stipulates that an employer shall, in accordance with the provisions of the labor contract and state regulations, pay 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 for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

The statute of limitations for arbitration of labor disputes is one year. Wages are paid monthly, and it is illegal to pay them every other month, and it is legal to pay this month's wages next month. Workers who are in arrears of wages, do not pay wages, or deduct wages can call 12333** to complain, which is the ** of the Human Resources and Social Security Bureau.

You can also file a complaint with the Labor Bureau's Inspection Brigade. If the company fails to pay labor remuneration on time, the employee can resign and ask for financial compensation. The worker may file a report with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages, and if the labor inspection brigade fails to coordinate with the worker, the worker may apply for labor arbitration.

If the labor arbitration award is refused to be enforced, it may apply to the court 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 remuneration for labor and transportation is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay the employee 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 lower than the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with this Regulation.

In general, a lawsuit can be filed whenever there is a wage arrears. However, in the event of wage arrears, it is best to negotiate with the company first, and if the company still refuses to pay wages after negotiation, then arbitration can be conducted first, and after arbitration, you can sue at any time.

[Legal basis] He ZhibangArticle 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, the negotiation fails, or they do not perform their duties 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.

Legal Analysis: One Day is Enough.

Legal basis: Article 7 of the Interim Provisions of the People's Republic of China on the 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, or hourly basis.

Labor Contract Law of the People's Republic of China Article 85 In any of the following circumstances, the labor administrative department shall order the employer 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 according to the standard of between 50% and 100% of the amount payable

1) Failure 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 lower than the local minimum wage standard;

(3) Arrange overtime work without paying overtime pay;

(4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with this Regulation.