Why Huang Fengqiao s arrears of wages have not been resolved

Appeal to the local labor inspection brigade and ask for a solution.

In accordance with the provisions of the Labor Law, wages are paid on a monthly basis. The salary of the previous month can be paid 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.

Article 50 of the Labor Law stipulates that wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Article 7 of the Interim Provisions on Payment of Wages stipulates that 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.

Article 85 of the Labor Contract Law stipulates that in any of the following circumstances, the employer fails 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) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

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

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:

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 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.

Wage arrears settlement:

1. The easiest way is to file a complaint with the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the "Labor Security Supervision Regulations" and order it to pay the arrears of wages.

2. In accordance with the provisions of Article 30 of the Labor Contract Law, if the employer is in arrears or fails to pay the labor remuneration in full, the employee 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.

3. The most effective is to apply for labor arbitration directly to the local labor administrative department (no fees, no lawyer), and claim compensation from the unit through the award issued by labor arbitration, and if it is not compensated, it can be applied to the court for enforcement.

4. If the labor arbitration is not accepted or the arbitration is unfair, a civil lawsuit can be filed with the court within 15 days and directly executed through the court judgment.

5. While claiming wages in the above ways, you can also request the employer to pay you additional compensation according to the standard of 50% to 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law.

You can also go to request a certified lawyer to help you with a solution

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.

Legal: What should I do if my boss owes me wages?

If an employer owes an employee wages, the employee has three ways to request payment of wages:

1. Workers can file complaints with the local human resources and social security bureau for labor inspection;

2. You can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request payment of wages. 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.

3. If there is an IOU, you can directly sue the court to demand the payment of the salary amount in the IOU.

1. Employees complain to the labor department, mainly the labor inspection brigade.

2. If the complaint cannot be reconciled, then you can apply for labor arbitration claim.

3. Employees can call 12333 for consultation.

The institutions that handle labor disputes are: labor dispute mediation committees, local labor dispute arbitration commissions and local people's courts.

You can apply to the local labor arbitration commission for arbitration.

Arbitration generally goes through the following stages:

1) Case acceptance stage. This stage includes two tasks: first, the parties submit a written application for arbitration to the labor dispute arbitration commission within the prescribed time limit; The second is the acceptance of the case.

The arbitration commission shall make a decision on whether to accept or dismiss the arbitration application within a certain period of time after receiving the arbitration application.

2) Investigation and evidence collection stage. The purpose of investigation and evidence collection is to collect relevant evidence and materials, ascertain the implementation of the dispute, and prepare for the next step of mediation or adjudication. Investigation and evidence collection includes writing an investigation outline, conducting targeted investigation and evidence collection according to the investigation outline, and verifying the investigation results and relevant evidence.

3) Mediation phase. On the basis of ascertaining the facts, the arbitral tribunal should first conduct mediation and strive to make the parties reach an agreement voluntarily. The arbitral tribunal that has reached an agreement is also required to prepare an arbitration conciliation statement.

4) Adjudication stage. If the mediation by the arbitral tribunal is invalid or the parties repent before the arbitration mediation is served, and the mediation fails, the settlement of the labor dispute will enter the adjudication stage. The arbitral tribunal's decision shall be made by convening an arbitration conference.

Generally, it is necessary to go through the process of hearing and investigation, arguments and statements between the parties, and finally the arbitrators will fully negotiate the facts of the dispute and make an award in accordance with the principle of minority obeying the majority. The arbitral tribunal shall prepare a conciliation award after making its award. If the parties are not satisfied with the ruling, they may file a lawsuit with the court within the prescribed time.

5) The stage of mediation or enforcement of the award. The arbitration and mediation statement shall take effect from the date of service on the parties; The arbitral award shall take effect upon the expiration of the statutory time limit for filing a lawsuit. After the mediation or award takes effect, both parties should consciously implement it.

Collect proof of labor relations, proof of arrears of wages (such as IOUs, attendance sheets, and wage payment forms issued by the employing unit), and if the labor contract has not been signed, work permits or entry and exit documents can be issued.

You can then choose one of the following ways to enforce your rights:

1. Negotiate and settle.

Direct negotiation between the employee and the employer on the issue of labor disputes is not a mandatory procedure, and the two parties may or may not negotiate, which is completely voluntary.

2. Apply for mediation.

Procedures for parties to apply to the Labor Dispute Mediation Committee for mediation of labor disputes that have already occurred. The mediation procedure is also voluntarily chosen by the parties, and the mediation agreement is not enforceable, and if one party repents, it can also apply to the arbitration institution for arbitration.

3. Arbitration.

If a party wants to file a lawsuit to fight a labor lawsuit, it must go through the arbitration procedure and cannot directly file a lawsuit with the people's court.

4. Litigation settlement.

Procedures for a party dissatisfied with the award of the labor dispute arbitration commission to file a lawsuit in the people's court.

Article 50 of the Labour Law states that "wages shall be paid to the worker himself on a monthly basis in the form of money." No wages shall be deducted or owed to workers without reason", and "monthly payment" means that wages shall be paid in the form of monthly salaries, and shall also be paid monthly.

Therefore, the employer should settle the wages within 30 days after the end of the calendar month, and more than 30 days will constitute wage arrears.

If the employer is unable to pay wages on time due to difficulties in production and operation and its capital turnover is affected, it may postpone the payment of wages to the employee within one month after consultation with the labor union of the unit. The time of deferred payment of wages shall be notified to all workers and reported to the competent department for the record, and if there is no competent department, it shall be reported to the city, district or county labor and social security administrative department for the record.

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.

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:

1) Complain and report to the local labor and social security supervision agency, **12333;

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.

Article 30 of the Labor Contract Law stipulates that an employer shall, in accordance with the provisions of the labor contract and state regulations, pay the employee labor remuneration 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 18 of the Interim Provisions on 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 wages and economic compensation to the worker, 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) The wages of the 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.

Here's how you can fix it:

1.Report to the Shanghai Municipal Labor Administrative Department (usually the Labor Management and Supervision Brigade).

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 arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.

4.According to the provisions of the state, in the event of arbitration or litigation, you may request that the wages and remuneration of the employee be paid in full within the prescribed time, and that an additional economic compensation equivalent to 25% of the wages and remuneration be paid. (See the reference section for the specific legal basis).

According to Article 7 of 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.

Hello, to the problem you described, the lawyer replied as follows:

First of all, you need to confirm the facts of the employment relationship with the employer, such as pay stubs, attendance records, and documents in the course of work.

Secondly, after the employment relationship is confirmed, the employer may be required to pay back wages for the illegal act of arrears of wages. From the date of employment, double wages are not signed within one month without signing a written labor contract.

Third, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!