The company always defaults on the wages of employees, which department should be solved with it?

If an employer deducts or defaults on the employee's wages without reason, the employee may file a complaint with the Labor and Social Security Supervision Brigade against the employer or apply for labor arbitration.

Legal basis: 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) 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.

Wage arrears can be solved by the labor bureau department:

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 must 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.

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 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 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.

Legal analysis: If an employee is in arrears of wages, he or she can file a complaint with the local labor inspection department, or apply for labor arbitration and litigation to protect his or her legitimate rights and interests.

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.

Article 9 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 9 Where 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 law.

1. Complain to the labor bureau where the employer is located.

2. Complain to the labor arbitration commission where the employer is located.

3. When the employee legally terminates the labor contract, the employer shall pay the employee's wages in a lump sum.

If the employer fails to pay, the worker may 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. The company has been in arrears of wages, and as long as the employment relationship exists, the employee can actively claim the payment of wages. If the company refuses to apply for arbitration within 60 days from the date of occurrence of the labor dispute according to the general regulations, the employee can actively refute it and, if necessary, find a professional lawyer to intervene to protect the rights.

1. Negotiate with the employer first, and if the negotiation cannot be resolved, find the local labor service administrative department.

1) When faced with wage arrears by the employer, the worker can report to the labor department, and 2) the worker can also file a complaint with the labor and social security administrative department to request intervention and investigation;

3) or directly submit an application for arbitration to the labor dispute arbitration commission.

2. Evidence required for applying for labor arbitration for arrears of wages:

1) Receipts or records of payment of wages (payroll roster) and records of payment of various social insurance premiums; (2) The work permit and other documents that can prove the identity of the worker;

3) Records of the employer's recruitment registration form, registration form, etc., filled in by the worker;

4) Attendance records:

5) Testimony of other workers, etc.

In addition to seeking relief from the relevant authorities, the employee can also choose to terminate the labor contract on his own initiative, because according to Article 38 of the Labor Contract Law, if the employer "fails to pay the labor remuneration in full and in a timely manner", the employee can terminate the labor contract at any time, and in this case, the employer also needs to pay economic compensation to the employee in accordance with the statutory standard with reference to Article 46. If the employer does not agree, it can also seek assistance from the labor dispute arbitration commission and the people's court.

Legal basis

Labor Contract Law

Article 77 In the event of a labor dispute between an employer and a worker, the parties concerned may apply for mediation, arbitration, or file a lawsuit in accordance with law, or may resolve it through negotiation.

Article 30 "Where an employer is in arrears or fails to pay labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with law, and the people's court shall issue a payment order in accordance with law. ”

Article 79 After a labor dispute arises, the parties may apply to the labor dispute mediation committee of the unit for mediation; If the mediation fails, if one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

It is recommended to report and complain to the local labor inspection brigade to collect the arrears of wages.

Wage arrears can choose to protect their rights by filing labor arbitration.

Article 85 of the Labor Contract Law.

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 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) Failure 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) Pay wages to workers below the local minimum wage.

3) Arrange overtime without paying overtime pay.

4) Dissolving or terminating a labor contract and failing to pay economic compensation to the worker in accordance with this Regulation.

1. How long is it illegal to be in arrears of wages?

China's laws and regulations mainly make the following provisions:

China's Labor Law stipulates that "wages shall be paid to the workers themselves in the form of money on a monthly basis." The wages of the employee shall not be deducted or owed without reason", and "monthly payment" means that the wages shall be paid in the form of monthly wages and shall also be paid monthly, so the employer shall settle the wages within 30 days after the end of the natural month, and more than 30 days shall 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.

The Interim Provisions on Payment of Wages stipulate that "wages must be paid on the date agreed between the employer and the employee. In case of holidays or rest days, it should be paid in advance on the nearest working day. Wages are paid at least once a month, and wages can be paid on a weekly, daily, and hourly basis if the weekly, daily, and hourly wage system is implemented."

Generally, the specific date of payment is agreed by both parties, and there is no mandatory provision in the law. Then, as long as the employer pays once a month, it is legal, and there are no strict rules as for the current month or the previous month, so as long as your employer pays your salary on time, even if it is paid in the next month, it is in accordance with the law.