How can the individual boss get back the arrears of wages?

If you want to fully protect your legitimate rights and interests, it is recommended that you read the Labor Law, the Labor Contract Law, the Regulations for the Implementation of the Labor Contract Law and the Social Insurance Law, so that you can know what aspects the employer has violated your rights and interests, which will benefit you for the rest of your life. If the employer infringes on your legitimate rights and interests, pay attention to collecting evidence. This is important if there is arbitration or litigation in the future.

If the labor remuneration or overtime wages are in arrears or deducted, it may be resolved in accordance with Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts and Article 85 of the Labor Contract Law. So, your first task now is to gather evidence of an employment relationship with the employer.

Legal analysis: If the self-employed owner is in arrears without a contract, the employee can file a complaint with the labor bureau or apply for labor arbitration, requiring the self-employed owner to pay back the salary and pay compensation. When filing a complaint, you should be prepared with evidence that the other party is in arrears of wages and has not signed a contract.

Legal basis: Article 30 of the Labor Contract Law 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 self-employed boss fails to pay wages in arrears, the two parties can negotiate and deal with it on their own, and if the negotiation fails, they can complain to the labor administrative department or directly apply for labor arbitration.

Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

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 5 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.

If the boss deliberately defaults on wages, the worker can file a complaint with the labor administrative department. According to Article 91 of the Labor Law, if an employer deducts or defaults on the wages of an employee without reason, the labor administrative department shall order the employee to pay the employee's wages and remuneration, and may also order the payment of compensation. Serious pursuit of criminal responsibility, in accordance with the provisions of the Criminal Law, evasion of payment of laborers' labor remuneration by means of transfer of property, evasion, etc., or the ability to pay but not to pay laborers' labor remuneration, the amount is relatively large, and the relevant departments have ordered payment and still do not pay, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph. Where there are acts in the preceding two paragraphs, but serious consequences have not yet been caused, and the laborer's labor remuneration is paid before the public prosecution is initiated, and the corresponding liability for compensation is borne in accordance with law, the punishment may be commuted or waived.

1. How to sentence the crime of refusing to pay labor remuneration?

The sentencing for the crime of refusing to pay labor remuneration is as follows: A sentence of up to three years imprisonment or short-term detention and/or a fine shall generally be given. The crime of refusal to pay labor remuneration refers to the act of evading the payment of labor remuneration to a laborer by means such as transferring property or escaping, or having the ability to pay but not paying the laborer's labor remuneration, and the amount is relatively large, and the relevant department still fails to pay it.

II. What are the sentencing standards for the crime of refusing to pay labor remuneration?

The provisions on the sentencing standards for the crime of refusing to pay labor remuneration are: Where the payment of labor remuneration is evaded by means such as transferring property, evading, or having the ability to pay but not paying the laborer's labor remuneration, and the amount is relatively large, and the payment is still not made after being ordered to do so by the relevant departments, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

Article 91 of the Labor Law of the People's Republic of China.

Article 9 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.

Article 276 of the Criminal Law of the People's Republic of China.

Legal analysis: If you work for an individual without signing a contract and do not pay your salary, you can go to the court to sue for delay. According to the relevant laws of China, an individual does not have the qualifications of an employer, so the two parties form an employment relationship instead of an employment relationship, and those who do not pay wages can sue the parties to the court.

Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China.

The provisions of this Law shall apply to the people's courts accepting civil lawsuits brought by citizens, legal persons, other organizations, and other vendors on the basis of property and personal relationships.

In the event that the employer owes Wang Heng's wages, the employee must first negotiate with the employer, and if the negotiation cannot be resolved, the employee can solve the problem through the following legal channels: complain and report to the local labor and social security supervision agency; To apply for arbitration to the local labor dispute arbitration commission, a written application shall be submitted to the labor dispute distress arbitration commission within one year from the date of occurrence of the labor dispute; Resolve through litigation.

Individual bosses can claim unpaid wages in the following ways:

1. Complain to the labor inspection brigade. If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, the worker may file a complaint with the labor administrative department, which shall handle the matter in accordance with law.

2. Labor arbitration. In the event of a labor dispute, the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement;

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 the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the Royal People's Court.

3. Filing a lawsuit with the court. If the worker has an IOU, he or she may file a civil lawsuit with the court with his ID card, household registration booklet, IOU, complaint and a copy, and if the court orders the employer to pay the arrears, but the employer still fails to pay, the worker may apply to the court for compulsory enforcement within two years after the expiration of the time limit specified in the judgment.

1. What should I do if I don't get paid for four days?

If you don't pay for four days, you can ask for wages in the following ways:

1.Lodge a complaint with the Labour Inspectorate. If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, the worker may file a complaint with the labor administrative department, which shall handle the matter in accordance with law.

2.Labor arbitration. 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, or if they are unwilling to mediate, fail to mediate, or fail to perform after reaching a mediation agreement, they may apply to the labor dispute arbitration commission for arbitration; If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

2. How to deal with labor contract disputes?

In the event of a labor dispute, the employee may negotiate with the employer, or ask the labor union or a third party to negotiate with the employer to reach a settlement agreement. 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.

Article 9 of the Law on Mediation and Arbitration of Labor Disputes provides that if an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or by defaulting on medical expenses, economic compensation or compensation for work-related injuries, the employee may file a complaint with the labor administrative department, which shall handle it in accordance with the law.

Article 5 of the Labor Dispute Mediation and Arbitration Law provides that 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.

1. The concept of wage arrears.

Unjustified wage arrears refer to the behavior of an employer in arrears of wages to an employee without any legal or even reasonable reason, and the act of delaying or failing to pay the employee's wages in full beyond the prescribed time limit. It is not legal to pay wages without reason, and if there is a contract between the two parties, the party owed can take the other party to court, but it should be noted that legal methods must be taken to protect their legitimate rights and interests.

The Ministry of Labor's Supplementary Provisions on Issues Concerning the Interim Provisions on the Payment of Wages stipulates that "without reason" stipulates that "unjustified arrears of wages refer to the failure of the employer to pay the wages of the employee beyond the prescribed time for payment without justifiable reasons." Excludes:

The employer is unable to pay wages on time due to natural disasters, wars and other reasons that are beyond human resistance; If an employer has difficulties in production and operation and its capital turnover has been affected, it may, with the consent of the labor union of the employer, temporarily overdue the payment of wages to the employee, and the maximum limit on the extension period may be determined by the labor and social security administrative departments of each province, autonomous region or municipality directly under the Central Government in accordance with the local situation. In all other cases, unjustified arrears of wages are non-refundable. ”

2. Legal consequences of wage arrears.

1. The employee can terminate the contract.

According to Article 38 of the Labor Contract Law, if an employer fails to pay the employee in full and in a timely manner, the employee may terminate the labor contract.

2. Pay compensation.

According to Article 85 of the Labor Contract Law, if an employer fails to pay the employee's 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 employer to pay the remuneration within a time limit. If the employer pays the employee's wages lower than the local minimum wage standard, it shall pay the difference in the period; If the employer fails to pay within the time limit, the employer shall be ordered to pay compensation to the employee at the rate of more than 50% and less than 100% of the amount payable.

3. What should I do if I encounter an individual boss who is in arrears of wages?

If the employer is in arrears of wages, he or she can file a complaint with the security supervision brigade of the labor department, or directly apply for labor arbitration.

First of all, you should go to the labor bureau in the city where you are located to file a complaint against your company, and the labor inspection brigade will file a case and leave your basic information. Then go to your company to investigate and find out that the matter is true, they will come forward to mediate, and warn you that the company's behavior has violated the labor law, and they will enforce it if they encounter a company that refuses to implement it.

Wage arrears are a common problem that workers can solve by:

1. Report to the labor administrative department (usually the labor management and inspection team).

2. You can also apply for arbitration directly (the arbitration fee is 200-300 yuan, and if you win, all will be borne by the company).

3. If you are not satisfied with the result of the split of the chain, you can answer that you can file a lawsuit in the court within 15 days after getting the arbitration letter.

4. According to the provisions of the state, when the arbitration or litigation booth is closed, you may request that in addition to the full payment of the wages and remuneration of the worker within the specified time, an additional economic compensation equivalent to 25% of the wages and remuneration shall be paid.