I have an IOU and I have been in arrears for almost two years, what should I do

If the employer owes the wages to the employee, the employee has an IOU, but the labor arbitration commission will generally not accept the arrears of wages for almost two years, and the employee shall file a civil lawsuit in the people's court where the employer is located in accordance with the law.

Labor Dispute Mediation and Arbitration Law

Article 27 The limitation period for applying for arbitration of labor disputes shall be one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.

Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

The handling of wage arrears for two years is as follows:

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

2. In accordance with the provisions of the Labor Contract Law of the People's Republic of China, 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. Apply for labor arbitration directly to the local labor administrative department of Shizhou, and claim compensation from the unit through the award issued by labor arbitration, and if you still do not pay compensation, you can apply to the court for compulsory 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.

If an employee goes to the labor department to complain about the employer's arrears of wages, he/she needs to bring the supporting materials of the labor relationship between the employer and the employer, such as work permit or work card, salary card transaction records, wage slips, tooling with the name of the company, the individual income tax payment certificate printed and stamped by the local tax bureau, the temporary residence permit handled by the employer for the employee, attendance records, social insurance payment records, work dispatch orders, colleague testimony, audio and video recordings, or other written materials with the employee's name and official seal or the boss's signature.

If the amount is relatively large, and the relevant departments still fail to pay the labor, they need to bear the corresponding criminal responsibility, and will be sentenced to fixed-term imprisonment of not more than three years or criminal 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.

Labor Law of the People's Republic of China

Article 91 Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order it 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 lower than the local minimum wage standard;

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

If you have an IOU, you can directly go to the people's court to sue and ask the company to pay wages and economic compensation, and pay attention not to pass the statute of limitations. 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; Pros: Simple way.

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.

It is noted here that the statute of limitations for arbitration is one year.

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

1. What penalties will the company impose on the arrears of wages to employees?

If the employer is in arrears of wages to the employee, it shall pay the employee the full amount of the wages due to him/her, and at the same time pay 25% of the wages owed. If the circumstances of wage arrears are serious, the labor and social security administrative department may order the employer to pay the employee compensation not more than twice the total amount of wages and compensation owed.

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, the employer shall be ordered to pay additional compensation to the employee at the rate of 50% to 100% of the amount payable

1. Failure to pay the labor remuneration of the employee in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2. The wages of workers are paid lower than the local minimum wage standard;

3. Arrange overtime without paying overtime pay;

4. Dissolving or terminating the labor contract and failing to pay economic compensation to the employee in accordance with the labor contract regulations.

The employee may notify the employer in writing to terminate the labor contract on the grounds that the employer is in arrears of labor remuneration, apply for labor arbitration, and demand payment of arrears of wages and economic compensation. After winning the arbitration or litigation, they can apply for enforcement. The claimant applying for arbitration shall submit a written application for arbitration and submit copies according to the number of respondents.

The statement of claim for arbitration shall contain the following particulars:

1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employing unit, and the name and position of the legal representative or principal responsible person;

2) the claim for arbitration and the facts and reasons on which it is based;

3) Evidence and evidence**, names and addresses of witnesses. If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party. Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid to the employee according to the number of years of service in the employer and 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. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years. The monthly wage mentioned in this article refers to the average salary of the employee in the 12 months prior to the termination or termination of the labor contract.

Article 38 A worker may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law.

6) Other circumstances in which laws and administrative regulations provide that an employee may terminate the labor contract. If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Summary. Hello, you can file a complaint or report to the labor administrative department where the employer is located, and ask the supervisor to order the company to pay your salary and economic compensation.

What to do if wages are in arrears? It's been two years.

Hello, you can complain or report to the labor administration department where the employer is located, and ask the supervision and management personnel to order the company to pay your salary and economic compensation.

You can also file a lawsuit with the people's court where the employer is located, asking the court to order the employer to pay you wages and economic compensation within a certain period of time.

You can also apply directly to the People's Court for a payment order to require the employer to pay your wages.

Article 30 of the Labor Contract Law [Labor Remuneration] The employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract and the provisions of the state. 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 91 of the Labor Law If an employer infringes upon the rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the employee's wages and remuneration and economic compensation, and may also order the payment of compensation: (1) deducting or defaulting on the wages of the employee without reason; 2) Refusal to pay wages and remuneration for extended working hours; 3) Paying wages to workers lower than the local minimum wage standard; 4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

Summary. Hello dear, if the employer has been in arrears for 10 years, the worker can still recover the wages. However, the statute of limitations for arbitration has generally expired, and wages cannot be recovered through arbitration and litigation. However, they can still negotiate with the employer in accordance with the law, or apply to the mediation agency for mediation.

I have been in arrears for almost ten years, and I have an IOU 5 years ago, can I get it back?

Hello dear, if the employer has been in arrears for 10 years, the worker can still recover the wages. However, the statute of limitations for arbitration has generally expired, and Li La cannot recover wages through arbitration and litigation. However, you can still negotiate with the Nebi Slip Huichen unit in accordance with the law, or apply to the mediation agency for mediation.

Dear and hello, legal basis: Article 27 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes in the Broad Land of the People's Republic of China stipulates that the limitation period for applying for arbitration of labor disputes is one year. The period of validity in arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

Dear, Hello, Article 77 of the Labor Law of the People's Republic of China provides that if an employer has a labor dispute with a labor cracker, the parties may apply for mediation, arbitration, file a lawsuit in accordance with the law, or resolve it through negotiation.

Hello dear, did the debtor clearly say when the salary will be paid?

Summary. Hello! Kiss.

Wages are in arrears for almost 10 years, and there are IOUs that can be recovered 5 years ago. In the event of a labor dispute, evidence can be collected in labor arbitration to protect rights, and labor arbitration refers to the mediation and adjudication of labor disputes applied for arbitration by the labor dispute arbitration commission. 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.

It is possible to claim economic compensation according to the number of years of service, pay arrears of wages, and claim compensation such as double the difference in wages for those who have not signed a labor contract.

I have been in arrears for almost ten years, and I have an IOU 5 years ago, can I get it back?

Hello! Pro-sentence Cong Ye pro. Wages are in arrears for almost 10 years, and there are IOUs that can be recovered 5 years ago.

In the event of a labor dispute, evidence can be collected in labor arbitration to protect rights, and labor arbitration refers to the mediation and adjudication of labor disputes applied for arbitration by the labor dispute arbitration committee. 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. It is possible to claim economic compensation according to the number of years of service, pay arrears of wages, and claim compensation such as double the difference in wages for those who have not signed a labor contract.

Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. 6. Where the sale is more than one month but less than one year, it shall be calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. (1) Disputes arising from the confirmation of labor relations by Zhongyuan; - 2) Disputes arising from the conclusion, performance, modification, relocation, 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 stipulated by laws and regulations.

It's a personal boss.

Individual bosses can also sue.

The salary was nine years ago, and then 18 years later, I found him again, and he gave him an IOU, what should we ask for this money.

You can directly file a lawsuit with the court, and if you don't give it, you can apply for enforcement.

It's okay, if he sues, he must face it and use the law to protect his rights and interests.

Sue to where he is, or to where I am.

Sued in the court where he was located.