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Article 19 of the Interim Provisions on Payment of Wages stipulates that if a labor dispute arises between an employee and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority 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 38 of the Labor Contract Law of the People's Republic of China stipulates that if an employer fails to pay labor remuneration in full and in a timely manner, the employee may terminate the labor contract.
Article 46 stipulates that if a worker terminates a labor contract in accordance with the provisions of Article 38 of this Law, the employer shall pay economic compensation to the employee. According to the above legal provisions, 1. If the employer owes you wages, you can terminate the labor contract and have the right to request the employer to pay you economic compensation. 2. If the employer only pays you one month's salary after you report the situation to the Labor Bureau, and deducts half of your wages without reason, you can still report the situation to the Labor Bureau, and if it still cannot be resolved, you can apply to the Labor Arbitration Commission for labor arbitration in accordance with the law, and request the employer to pay you the wages in full to protect your rights and interests.
Lawyer's tip: During the arbitration, you can also request the termination of your labor contract with the employer and require the employer to pay you severance (severance compensation is calculated according to the number of years the employee has worked with the employer, and the employee is paid one month's salary for each full year). where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary as economic compensation).
The above suggestions are for your reference.
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Legal Analysis: The Labor Inspectorate was informed. If the employer is in arrears of wages, the employee may file a complaint with the local labor inspection department or apply for labor arbitration.
Legal basis: Labor Law of the People's Republic of China Article 48 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 person who is in trouble 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 the wages and remunerations higher than the wages of the workers for the normal working hours according to 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% 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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Report to the labor inspection team of the local labor bureau Collect evidence Apply for labor arbitration If there is no contract, double wages should be paid If you don't pay insurance, you should pay insurance A society under the rule of law needs citizens to actively protect their rights **It is very important to protect the rights of workers I hope you will get your wages as soon as possible and have a happy New Year.
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According to Article 50 of the Labour Law, wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed. The employer shall pay wages in full on a monthly basis.
In case of wage arrears, the worker may file a complaint or report to the local labor inspection brigade or apply to the labor dispute arbitration commission for labor arbitration. (At the same time, you can request the termination of the labor relationship and economic compensation.)
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