The boss does not pay salaries. It s always a strong word. 5 months in arrears of wages

2. Legal basis:

1) Labor Dispute Mediation and Arbitration Law Article 9 [Labor Inspection] If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with the law.

2) Article 17 of the Regulations on the Supervision of Labor and Social Security: The investigation of violations of labor security laws, regulations or rules by the administrative department of labor security shall be completed within 60 working days from the date of filing the case; If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.

In the case of arrears of wages by the employer, the employee shall first negotiate with the employer, and if the negotiation cannot be resolved, the employee can resolve the matter through the following legal means:

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 one year 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 labor arbitration award takes effect, the employee 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.

Legal analysis: negotiate with the CEO, analyze the stakes, and first communicate and solve the problem in a relatively friendly way. If the negotiation cannot be resolved, start looking for legal options.

The first thing you can do is to report to the labor administrative department, usually the labor management inspection brigade. You can also apply for arbitration directly at the arbitration institution, and if you are not satisfied with the arbitration result, you can file a lawsuit in the court within 15 days after obtaining the arbitration letter.

Legal basis: Article 48 of the Labor Law of the People's Republic of China 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 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.

Article 44 Under any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with 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 percent 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.

In accordance with the Regulations on the Supervision of Labor and Social Security, the employer shall be supervised and inspected in accordance with the law, and ordered to pay the arrears of wages. However, because the boss's arrears of wages are generally a labor dispute, it will be difficult to deal with them after reporting to the police. In practice, it is advisable for an employee who is owed wages to take the following measures:

1. Negotiate with your boss. In order to save time and energy, it is recommended to try to negotiate directly with the boss first.

2. Complain to the labor department. When complaining, it is usually to go to the labor inspection department, and after the complaint, the boss will order the boss to pay wages in a timely manner.

3. Find a labor arbitration institution for arbitration. If an employee is found to be in arrears of wages, the employee will not be subject to the statute of limitations for arbitration if he or she is found to be in arrears of wages, and once he or she leaves the company, he or she must file a claim within one year from the date of termination of the employment relationship.

4. Find a court to file a lawsuit. If it is found that the salary cannot be recovered after the above methods, then the employee can finally go to the court to file a lawsuit. According to the Labor Dispute Mediation and Arbitration Law, the party initiating labor arbitration shall submit a written application to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute.

Unless the parties apply for arbitration due to force majeure or other justifiable reasons, the arbitration commission shall not accept the application if the time limit for arbitration has expired as prescribed by law. Finally, if it is found that the boss has been looking for excuses to default on wages, it is best for employees to be vigilant, and once they find that something is wrong, such as the boss running away, then it is recommended to take active measures. If there are a large number of people who are owed wages and the total amount of wages is large, then if necessary, you can also report to the police.

However, it is best to resolve the matter in accordance with the general labor dispute settlement method. Article 18 of the Circular of the Ministry of Labor on Printing and Distributing the Interim Provisions on the Payment of Wages (No. 1994 489) of the Ministry of Labor shall have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the worker's wages and economic compensation, and may also order the employer to pay compensation.

deducting or defaulting on the wages of workers without reason; refusal to pay wages for extended working hours to employees; The wages of workers are paid below the local minimum wage standard. The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State. Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration organ 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 15 In any of the following circumstances, if an employer compels a worker to terminate the labor contract, the employer shall pay the laborer's remuneration and economic compensation, and may also pay compensation: forced labor by means of violence, threat, or illegal restriction of personal freedom; Failure to pay labor remuneration or provide working conditions in accordance with the labor contract; deducting or defaulting on the wages of the workers without reason; refusal to pay wages and remuneration for extended working hours; The wages of workers are paid below the local minimum wage standard.

Legal analysis: There are two ways to ask the boss to pay wages: one is to file a labor inspection complaint or apply for labor arbitration.

If you do not have an employment contract, you can demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments. Generally speaking, you can first discuss with the boss, and if the boss refuses to pay wages or keeps delaying the payment of wages, you can resort to the above-mentioned arbitration or litigation methods.

Legal basis

Labor Law of the People's Republic of China Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis.

Legal analysis: If wages are in arrears, migrant workers can file a complaint with the administrative department of the laborer.

Legal basis: 1. Article 9 of the Law on Mediation and Arbitration of Labor Disputes, if an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or defaulting on medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, and the labor administrative department shall deal with it in accordance with the law.

Legal analysis: If the boss does not pay wages on time and is in arrears, the worker can file a complaint with the labor inspection of the local labor bureau, or 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.

Legal basis: Article 18 of the Interim Regulations on the Payment of Wages Article 18 Labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the worker's wages and economic compensation, and may also order the employer to pay compensation.

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages for extended working hours;

3) Paying wages to workers at a rate lower than the local minimum wage.

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration organ 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.

1. What should I do if my boss owes wages?

1. If the boss is in arrears of wages, the worker can report and complain to the labor administrative department. After the complaint is successful, the labor administrative department will order the employee to pay wages and remuneration and economic compensation, and may order the employer to pay compensation in accordance with the law. In addition, workers can also apply for labor dispute arbitration; If there is an IOU, it may apply to the local people's court for a payment order, and the people's court shall issue a payment order in accordance with law.

2. 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) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages and remuneration for extended working hours;

3) Paying wages to workers at a rate lower than the local minimum wage.

4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

2. Is it illegal for the boss not to pay wages to employees?

It is illegal for a boss not to pay an employee. According to the relevant laws of the country, the employer shall pay the employee at least once a month in accordance with the agreement. In the case of wage arrears, the employee can file a complaint, apply for arbitration or sue the employer directly.