What are the penalties for non payment of wages by the employer?

It is the obligation of the employer to pay the labor remuneration in full and in a timely manner, and if the employer violates the agreement and deducts or arrears the wages of the employee without reason, it shall bear the corresponding responsibility. 1. If the employer deducts or arrears the wages of the employee without reason, or refuses to pay the employee the wages and remuneration for extended working hours, the employee may terminate the labor contract at any time by notifying the employer and request compensation from the employer. In addition to paying the employee's wages and remuneration in full within the prescribed time, the employer shall also pay an additional severance equivalent to 25% of the wages and remuneration.

2. If the employer is in arrears of wages without reason, the worker may report it to the labor administrative department, which shall bear the corresponding administrative responsibility: the labor administrative department shall order the employer to pay the wages and remuneration and economic compensation of the worker, and may order the employer to pay compensation equal to one to five times the total amount of wages and remuneration and economic compensation paid to the worker. Legal basis:

Article 91 of the Labor Law of the People's Republic of China? If an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation: (1) deducting or delaying the worker's wages without reason; (2) Refusal to pay wages and remuneration for extended working hours; (3) The wages of the workers are paid below 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.

In the course of work, sometimes after working for a period of time, the employer will not pay wages to the employee for some reasons, in this case, what ways can we protect our rights and interests? Below I will say a few workarounds that I know for you to consider:

1. Negotiate with the unit.

Find the person in charge of the unit to negotiate, reflect the situation to the leader, state truthfully, listen to the leader's opinions, if the leader says the reasons you think are acceptable, you can wait, if after consultation, you can not reach an agreement with the unit, you can take the second solution below.

2. Sue the unit to labor arbitration.

Write a labor arbitration application, submit the application to the arbitration department of the place where the unit is registered or the actual place of work, and after submission, the arbitration staff will tell you when to receive the notice of acceptance of the case, of course, the first date will also be notified in the notice of acceptance of the case.

Arbitration is also a lawsuit, and a lawsuit requires evidence of facts and reasons, so it is necessary to collect relevant evidence to prove your application, such as labor contracts, salary cards, work cards, etc. **, there can be mediation throughout the trial process, that is to say, if the two parties reach an agreement through mediation, the arbitration will issue a mediation statement, if the two parties cannot reach an agreement after **, then you can wait for the arbitration department to issue an award.

3. People's courts.

If the decision is not satisfied, then the decision should be brought to court within 15 days of receiving the award, and the court will hear the case after the court is also a way to settle the arrears of wages.

4. Labor inspection department.

If you are in arrears of wages, you can also report it to the labor inspection department, and sometimes it can be resolved.

1. How long does it take for the company to get compensation for arrears of wages?

According to the provisions of the Labor Code:

1. If the employer deducts or arrears the wages of the employee without reason, in addition to paying the employee's wages and remuneration in full within the specified time, it shall also pay an additional economic compensation equivalent to 25% of the wages and remuneration.

2. In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation for the termination or termination of the labor contract within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the payment is not made 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 labor remuneration to workers in accordance with the provisions of the labor contract or in accordance with the provisions of this Law;

2) The wages of workers are paid below the local minimum wage standard;

3) arranging overtime without paying overtime pay;

4) Dissolving or terminating a labor contract without paying economic compensation to the employee in accordance with these Regulations.

3. 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. Where an employer is in arrears or fails to pay labor remuneration in full, the people's court shall issue a payment order in accordance with law.

2. What should I do if the employer is in arrears of wages?

If the employer is in arrears of wages, it can first reach an agreement with the employer, and if the negotiation fails, the employer may go through the following legal procedures:

1) Complain and report to the local labor and social security inspection agency;

2) To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application should be submitted to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute;

3) Resolve through litigation. This is divided into three situations: first, for labor dispute cases, if any party is dissatisfied after labor arbitration, it can file a lawsuit with the court; Second, if the employer does not enforce the labor arbitration award after the arbitration award takes effect, the migrant worker may apply to the court for compulsory enforcement; Third, those who belong to the category of labor arrears can directly file a civil lawsuit with the court.

3. Calculation of compensation.

The compensation for the employer's arrears of wages is calculated on a case-by-case basis. If the employer does not pay wages within the specified time, it shall pay an additional compensation of 25% of the salary remuneration; If the employer still fails to pay wages within the time limit of the labor administrative department, it shall pay additional compensation to the employee at the rate of 50% to 100% of the amount.

If the employer is in arrears of wages, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; 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 between 50% and 100% of the amount payable. Bi Ming.

Article 85 of the Labor Contract Law of the People's Republic of China: 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 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.

If the employer is in arrears of wages, the 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 payable

Legal basis] Article 85 of the Law of the People's Republic of China on the Breakup of Labor Contracts.

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 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) Arrange overtime work or fail to pay overtime pay.

Legal Analysis: If an employer is in arrears of wages, 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

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.

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.

Legal analysis: If the labor remuneration of the employee is not paid 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 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 payable

Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China stipulates that if the labor remuneration of the labor rebellious person is not paid 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 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 payable

Legal Analysis: If an employer is in arrears with the employee's wages, the labor administrative department may order the employee to pay the labor remuneration within a time limit, and if the payment is not made within the time limit, the employee shall be compensated at 50-100% of the amount in arrears.

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 employee's labor remuneration 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) Removing or terminating the labor contract and failing to pay economic compensation to the employee in accordance with Fuhashimoto regulations.

The penalties for the employer's delay in arrears of wages are: 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 at the rate of not less than 50% but not more than 100% of the amount payable

1. Legal provisions on wage arrears.

Minimum Wage Regulations

Wages are paid in full each month.

The wages paid by the enterprise shall not be less than the local minimum wage standard, and the monthly wage deduction shall not exceed 20% for each ethnic group, and shall not be less than the minimum wage standard after deduction.

The law stipulates that there are three types of working hours: standard working hours, comprehensive working hours, and irregular working hours. Standard working hours: five days and eight hours; Overtime is overtime, and the overtime pay is 1 5 times from Monday to Friday, 2 times on Saturdays and Sundays, and 3 times on national holidays.

Comprehensive working hours: the total working hours are the same as the standard working hours, but you can work continuously for more than 8 hours a day, and then take a centralized vacation, and the overtime pay will be 1 5 times and 3 times the national statutory holidays. As the name suggests, irregular hours mean that the working hours are not fixed, but the approval is very strict.

When arranging for employees to work overtime, enterprises shall adhere to the principles of voluntariness and not harm the health of employees. Enterprises shall not force or coerce employees to work overtime for any reason. Employees have the right to refuse to work overtime in violation of these regulations.

The overtime after the shift shall not exceed four hours each time, and the cumulative overtime time of each employee shall not exceed 48 hours per month. If an enterprise truly needs to work overtime for more than 48 hours per month per employee, it shall obtain the consent of the employees and the labor union of the enterprise, and report to the labor administrative department where the enterprise is located for the record.

Employees have the right to request compensatory leave after overtime work, or to receive overtime pay.

If an enterprise arranges for its employees to work overtime in violation of regulations, the labor administrative department shall order it to make corrections, and the enterprise shall pay the employees the overtime wages they are entitled to.

2. How to determine wage arrears.

According to 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.

If wages are not paid in accordance with the above provisions, it is considered to be in arrears of wages.