Is the Labor Bureau in charge of wage arrears, and is the Labor Bureau in charge of wage arrears?

The Labour Inspection Brigade of the Social Security Bureau is in charge of this matter.

Legal analysis: It is within the scope of acceptance by the Labor Bureau and will be accepted in accordance with the law. If the employer is in arrears of wages, the worker shall file a complaint with the labor and social security administrative department (Labor Supervision and Inspection Brigade), and the labor inspection brigade shall order the employee to pay within a time limit.

Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Regulations of the People's Republic of China on Labor Security Supervision Article 10 The administrative departments for labor and social security shall carry out labor security inspections and perform the following duties: (1) publicizing labor security laws, regulations and rules, and urging employers to implement them; (2) Inspect the employer's compliance with labor security laws, regulations, and rules; (3) Accept reports and complaints about violations of labor security laws, regulations, or rules; (4) Correct, investigate and deal with violations of labor security laws, regulations or rules in accordance with the law.

The Labor Bureau will be in charge. 1. If the employer is in arrears of wages, if it cannot be resolved through negotiation, he can go to the local labor inspection department to complain or apply for labor arbitration; 2. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of a labor relationship between the two parties: (1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums; (2) "Work Permit", "Service Certificate" and other documents issued by the employer to the worker that can prove the identity; (3) Recruitment records such as the "registration form" and "registration form" of the employer's recruitment filled in by the worker; (4) Attendance records; (5) Testimony of other workers, etc.

Therefore, the worker or the labor and social security department can prove or confirm from the above aspects. In judicial practice, the employment relationship can also be proved by using the company's business transaction documents, audio recording evidence, etc.

Legal basis

Article 85 of the Labor Contract Law 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 labor remuneration is lower than the local minimum wage standard, the difference shall be paid before the auspicious period; 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 between 50% and 1% of the amount payable: (1) Failure 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.

It is within the scope of acceptance by the Labor Bureau and will be accepted in accordance with the law. If the employer is in arrears of wages, the worker shall file a complaint with the labor and social security administrative department (labor inspection brigade), and the labor inspection brigade shall order the employee to pay within a time limit.

Legal basisArticle 50 of the Labor Law.

Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

The Labour Bureau is in charge of wage arrears. If the employer is in arrears of wages, it can directly file a complaint with the labor inspection brigade of the local labor department.

If the 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 administrative department shall order the employer to pay the employee additional compensation at the rate of 50% to 100% of the amount payable.

Legal basis] Article 85 of the Labor Contract Law, if an employer falls under 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 standard, the difference shall be paid by Huizhi; 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) Failing to pay the labor remuneration of the worker 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 Labor Bureau manages the arrears of wages, which is within the scope of acceptance by the Labor Bureau and will be accepted in accordance with the law.

If the employer is in arrears of wages, the worker shall file a complaint with the labor and social security administrative department (labor inspection brigade), and the labor inspection brigade shall order the employee to pay within a time limit.

Legal basisArticle 80 and Article 5 of the Labor Contract Law stipulates that 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 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

1) Failing to pay the labor remuneration of the worker 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) Failure to pay economic compensation to the worker in accordance with these Regulations in addition to or termination of the labor contract.

In case of disagreement, the employee can file a complaint and mediation with the local labor inspection brigade, and if the mediation fails, the employee can complain to the labor department or apply for labor arbitration claim. In addition, they can claim the termination of the employment relationship and demand the payment of wages and economic compensation.

Generally, there are four steps to deal with the arrears of wages in the unit:

1. Negotiate with the unit and ask the unit to pay wages;

2. Complain to the labor administrative department (labor inspection brigade), which will be coordinated by the labor administrative department and the unit will pay the wages;

3. Employees directly apply for labor arbitration, and the labor arbitration commission will conduct labor arbitration and arbitrate the payment of wages;

4. If the unit refuses to pay after arbitration, it may sue the court for enforcement.

In accordance with the Interim Regulations on the Payment of Wages

Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the wages of the laborer in full at the time of dissolution or termination.

Article 85 of the Labor Contract Law stipulates that if the employer fails to pay labor remuneration or economic compensation in accordance with the law, and the employer has 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 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: (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. Article 4 of the Labor Dispute Mediation and Arbitration Law provides that in the event of a labor dispute, the employee may negotiate with the employer, or ask the labor union or a third party to jointly negotiate with the employer to reach a settlement agreement.

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; Except as otherwise provided in this Law, a lawsuit may be filed in the people's court.

Legal analysis: It is within the scope of acceptance by the Labor Bureau and will be accepted in accordance with the law. If the employer is in arrears of wages, the worker shall file a complaint with the labor and social security administrative department (labor inspection brigade), and the labor inspection brigade shall order the employee to pay within a time limit.

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China 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.