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Anonymous users2024-02-07Legal analysis: If the factory does not pay wages, the worker can call 12333** to complain, or he can complain to the inspection brigade of the labor bureau. If the complaint is ineffective, the employee can collect evidence to apply for labor arbitration, and if he is not satisfied with the award, he can also file a lawsuit with the local people's court.
It is illegal for a factory not to pay wages.
Legal basis: Article 79 of the Labor Law of the People's Republic of China After the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. The parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration.
Those who are dissatisfied with the arbitration banquet award may file a lawsuit with the people's court.
Labor Contract Law of the People's Republic of China Article 85 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) 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.
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Anonymous users2024-02-06The parties can apply for mediation to the labor dispute mediation committee of the unit, and if the mediation fails, they can directly apply to the labor dispute arbitration commission for arbitration, or they can directly go to the court to file a lawsuit.
Legal basis: Article 50 of the Labor Law stipulates that wages shall be paid to the workers themselves on a monthly basis in the form of dates, and the wages of the workers shall not be deducted or owed without reason.
Article 79 of the Labor Law stipulates that after the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, if one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration, and one of the parties may also directly apply to the labor dispute arbitration commission for arbitration, and if it is dissatisfied with the arbitral award, it may file a lawsuit with the people's court.
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Anonymous users2024-02-05Legal analysis: In the case of arrears of wages by the employer, the employee should first negotiate with the employer, and if the negotiation cannot be resolved, the employee can resolve the matter through the following legal channels:
1) Complain and report to the local labor and spring security supervision 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.
Legal basis: Labor Contract Law of the People's Republic of China
Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker 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 85 In any of the following circumstances, if an employer is ordered by the labor administrative department to pay labor remuneration, overtime pay or economic compensation within a specified period of time, it shall pay the difference within the time limit and fails to pay the difference, and the employer shall be ordered to pay additional compensation to the worker 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) Paying wages to workers lower than the local minimum wage standard;
(3) Arrange overtime work without paying overtime pay;
4) Wild oranges that dissolve or terminate the labor contract and fail to pay economic compensation to the worker in accordance with this law.
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