How long does it take to report wage arrears to the Supervision Brigade of the Labor Bureau?

The boss is in arrears of wages, and it is useful to go to the labor bureau to complain. Article 18 of the "Several Provisions on the Implementation of the Regulations on the Supervision of Labor Security" shall accept complaints that meet the following conditions in accordance with the law within 5 working days from the date of receipt of the complaint, and file a case for investigation and punishment on the date of acceptance: (1) the violation of the labor security law occurs within 2 years; (2) There is a clear employer against which the complainant is complained, and the infringement of the complainant's lawful rights and interests is caused by the violation of the labor security law by the respondent employer; (3) It is within the scope of labor security supervision and is under the jurisdiction of the labor and social security administrative department that accepts the complaint.

The administrative department for labor and social security shall, within 5 working days from the date of receipt of the complaint, decide not to accept the complaint that does not comply with the provisions of item (1) of the first paragraph, and notify the complainant in writing. For complaints that do not comply with the provisions of paragraph 1 (2), the labor and social security supervision agency shall inform the complainant to supplement and correct the complaint materials. For complaints that do not comply with the provisions of subparagraph (3) of the first paragraph, that is, complaints that do not fall within the scope of the labor security supervision, the labor security supervision agency shall inform the complainant; For complaints that fall within the scope of labor security supervision but are not within the jurisdiction of the labor and social security administrative department that accepts the complaint, the complainant shall be informed to submit it to the relevant labor and social security administrative department.

Legal analysis: After receiving the complaint from the employee, the labor inspection department must decide whether to file and accept the case within 5 days, and close the case within a maximum of two months; After receiving a report from an employee, the labor inspection department must decide whether to file a case within seven days, and the maximum time limit for closing the case is two months, which is the same as the time limit for closing the report. In the case of a complaint filed with an employee, if the labor inspectorate does not accept the complaint, the complainant must be notified in writing within 5 days.

When the whistleblower or complainant requests the labor inspector to inform him or her of the outcome of the case, the labor inspection department shall inform the whistleblower or the complainant.

Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China If an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay the employee within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of not less than 50% but not more than 100% of the amount payable: (1) failing 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 lower than the local minimum wage standard; (3) Arrange 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 law does not specify the time of arrears, and wages should generally be paid on the date agreed in the employment contract. If the salary is not paid on the agreed date, it is considered that the salary is not paid in time. A delay of more than 30 days constitutes a delinquency.

Wages are paid at least monthly, and may also be paid on a daily or weekly basis for those who are paid on an hourly and weekly basis. For workers who have completed one-time temporary work or a specific job, the employer shall pay wages to the employee after the completion of the labor task in accordance with the relevant agreement or contract.

Legal basis: Article 50 of the Labor Law of the People's Republic of China stipulates that wages shall be paid to the workers themselves in the form of money on a monthly basis, and the wages of the workers shall not be deducted or owed without reason.

Article 91 of the Labor Law of the People's Republic of China: If an employer infringes upon the legitimate 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, 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.

Article 30 of the Labor Contract Law of the People's Republic of China: An employer shall, in accordance with the provisions of the labor contract and state regulations, pay 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.

As for how long you can report wage arrears to the labor bureau, the law does not specify the time of arrears, and under normal circumstances, wages should be paid on the date agreed in the labor contract. If the salary is not paid on the agreed date, it is considered that the salary is not paid in time. As long as the wages are in arrears, you can apply for labor arbitration.

The employer's arrears of wages infringe on the legitimate rights of the employee.

Legal basis: Article 27 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes stipulates that the limitation period for applying for arbitration of labor disputes is 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.

If a dispute arises during the existence of the labor relationship due to arrears of labor remuneration, it shall be filed within one year from the date of termination of the old labor relationship. If an employee files an arbitration application after the statute of limitations, his or her rights will not be protected by law.

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, and weekly, daily, and hourly wage systems are implemented.

If a labor dispute arises and a complaint is filed with the labor bureau, there is no rule on how many days you can get your salary, and if the complaint is true, the labor department will order the employer to pay the wages within the specified time limit. 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.

Article 5 of the Labor Dispute Arbitration Law.

In the event of a labor dispute, if the parties are unwilling to negotiate, the negotiation fails, or the parties 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 employer is in arrears of wages, the employee may file a complaint with the local labor inspection department and request the employer to pay the arrears.

Legal basis: Article 50 of the Labor Law stipulates that wages shall be paid to the workers themselves in the form of money on a monthly basis, and the wages of the workers shall not be deducted or owed without reason.

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.

Article 9 of the Interim Provisions on Payment of Wages When both parties to a labor relationship terminate or terminate a labor contract with their brother in accordance with the law, the employer shall pay the employee's wages in full at the same time as the termination or termination of the labor union.

The salary is owed, it's been two years, the boss has run away, ** blocked, what should I do??

My salary last year has not been paid, and the boss pushed left and right, saying that I was worried that he would not pay it in March, how to mediate?

If the employer is in arrears of wages, it is useful for the worker to complain to the labor inspection brigade, and the worker can also directly apply for arbitration to demand that the employer pay the arrears of wages. 1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and when filing the case, you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).

2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court; 3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit. Article 50 of the Labor Law of the People's Republic of China 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 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 infringes upon the lawful rights and interests of a worker in any of the following acts, the labor administrative department shall order it to pay the worker's wages and economic compensation, and may also order the employer to pay compensation: 1) Deducting or defaulting on the worker's wages without reason; (2) Refusal to pay wages for extended working hours; 3) Paying wages to workers lower than 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 85 of the Labor Contract Law of the People's Republic of China If an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; 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: (1) Failure to pay the labor remuneration of the employee in full and in a timely manner in accordance with the provisions of the contract or the provisions of the state.