What should I do if the manufacturer of the joint venture owes employees 4 months wages and does no

Updated on society 2024-04-05
28 answers
  1. Anonymous users2024-02-07

    Workers who are in arrears of wages, do not pay wages, or deduct wages can call 12333** to complain, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade.

    If the company fails to pay the remuneration on time, the employee can apply for the termination of the labor contract and labor relationship, and demand economic compensation. The worker may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages. If the labor arbitration conclusion is refused, it may apply to the court for compulsory enforcement.

    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) 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.

  2. Anonymous users2024-02-06

    Find your local labor bureau or labor association.

  3. Anonymous users2024-02-05

    The company has violated Article 50 of the Labor Law that "wages shall be paid to the employee in monetary form on a monthly basis, and the wages of the employee shall not be deducted or owed to the employee without reason", which infringes on the legitimate rights and interests of the employee and should be repaid.

    It is a labor dispute and can be resolved by applying for labor arbitration.

    If, therefore, the employee terminates the labor contract in accordance with Article 38 of the Labor Contract Law, which stipulates that "the employer has any of the following circumstances: (2) the employee fails to pay the labor remuneration in full and on time", the employee shall also have the right to claim economic compensation for the period of work.

  4. Anonymous users2024-02-04

    Since the company has been in arrears of wages for two months, the employee can negotiate with the company to settle the problem, if it can't be resolved, the employee can report to the higher-level department, or he can grasp the evidence and complain to the labor department. The company does not pay the employee's salary, which itself violates the labor law, and the employee can ask the company for the salary, and if he can't get it, he will report it to the labor department.

  5. Anonymous users2024-02-03

    If the company fails to solve the problem with the company, you can file a complaint with the labor inspection brigade, and then keep the evidence to sue the company in court.

  6. Anonymous users2024-02-02

    The company owes employees wages for two months, if the capital turnover is not open, the employees are considerate, and will pay wages through the difficulties, as long as the leaders are not pure-hearted, do not have any ideas, and work hard.

  7. Anonymous users2024-02-01

    If the company has been in arrears for two months, the company may have a shortage in turnover and the wages cannot be paid, and the employees can apply to the company's leaders, and if they do not pay the wages, they can go to the labor supervision department to complain and arbitrate.

  8. Anonymous users2024-01-31

    It depends on the situation: First, if the company expands its scale and is financially tight, it is acceptable to temporarily owe two months' wages, after all, the employee should consider it for the company.

    Second, if the company has money and does not pay wages, then go to the labor bureau.

  9. Anonymous users2024-01-30

    If the company owes the employee two months' wages, the employee can negotiate with the employer for the salary, or report to the labor inspection department.

  10. Anonymous users2024-01-29

    If the company is in arrears of employees' wages, you can first find the unit to coordinate, if the negotiation is not good, you can go to the local labor department with the evidence of the relevant work and find the relevant personnel to help solve it.

  11. Anonymous users2024-01-28

    Ask the company for the reason first, if it is not maliciously in arrears, you can ask the company to issue paper materials to clarify the time of payment of wages, and if it is maliciously in arrears, you can ask for help through the labor inspection department.

  12. Anonymous users2024-01-27

    First of all, find the person in charge of the company to theorize, explain the relevant policies and laws to ask for labor compensation, and do a good job of retaining evidence. Secondly, collect materials such as contracts, wage receipts, and attendance records to complain to the labor inspection department, apply for arbitration settlement, and use administrative means to protect their own rights and interests. In addition, you can bring the above materials to the local court to sue directly, use legal means to protect labor rights and interests, and at the same time let unscrupulous enterprises accept legal sanctions.

  13. Anonymous users2024-01-26

    Jointly with all employees who are owed wages, go to the labor department where the company is located to report and apply for labor arbitration, and at the same time, they can also apply for legal aid, and the lawyer will come forward to assist in the joint settlement. Safeguard their legitimate rights and interests in accordance with the law.

  14. Anonymous users2024-01-25

    It is illegal to pay wages in arrears, and you can directly sue the company to the labor arbitration commission, and now in addition to wages, you will also pay economic compensation and liquidated damages, and if you don't have social security, you can also solve the problem of social security by the way.

  15. Anonymous users2024-01-24

    If there is a labor contract, you can take a closer look at the original agreement of the labor contract. If you violate the agreement, you can apply for a labor president.

  16. Anonymous users2024-01-23

    Go to the labor bureau to complain first, the labor bureau will definitely beat the boss**, apply for labor arbitration if it is useless, and provide legal aid before arbitration, 12348

  17. Anonymous users2024-01-22

    What should I do if the company owes employees wages for two months? If it is understandable that the company has difficulties, and if it is intentional for the company, go to the labor bureau to arbitrate it.

  18. Anonymous users2024-01-21

    You can directly go to the local labor bureau to respond, and someone will mediate, and if the mediation is unsuccessful, it will be arbitrated directly.

  19. Anonymous users2024-01-20

    You can only go to the local labor arbitration commission to apply for a lawsuit, and you will definitely have your wages back.

  20. Anonymous users2024-01-19

    Then sue the company and consult according to the rules and regulations of the labor law.

  21. Anonymous users2024-01-18

    Wage arrears were illegal, and the Labor Arbitration Commission and the Labor Inspection Brigade complained.

  22. Anonymous users2024-01-17

    Go to the local labor bureau, everything will be done, and you will be even happier if you don't have a labor contract.

  23. Anonymous users2024-01-16

    You can talk to the boss, but if you can't, you can report it to the labor and social security department.

  24. Anonymous users2024-01-15

    It is possible to recover wages through labor arbitration.

  25. Anonymous users2024-01-14

    It's against the law and you can sue him.

  26. Anonymous users2024-01-13

    The answer to your question is as follows:

    1. How long does it take for the company to get compensation for arrears of wages?

    Article 50 of the Labor Law states that "wages shall be paid to the worker himself on a monthly basis in the form of money." The wages of the workers shall not be deducted or owed without reason", and the "monthly payment" includes that the wages shall be paid in the form of monthly salaries, and shall also be paid monthly, because the employer shall settle the wages within 30 days after the end of the natural month, and more than 30 days shall constitute arrears of wages.

    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.

    According to the provisions of the Labor Code:

    1. If the employer deducts or arrears the wages of the employee without reason, in addition to paying the employee's wages and remuneration in full within the specified time, it shall also pay an additional economic compensation equivalent to 25% of the wages and remuneration.

    2. In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation for the termination or termination of the labor contract within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of between 50% and 100% of the amount payable

    1) Failure to pay labor remuneration to workers in accordance with the provisions of the labor contract or in accordance with the provisions of this Law;

    2) The wages of workers are paid below the local minimum wage standard;

    3) arranging overtime without paying overtime pay;

    4) Dissolving or terminating a labor contract without paying economic compensation to the employee in accordance with these Regulations.

    3. 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. Where an employer is in arrears or fails to pay labor remuneration in full, the people's court shall issue a payment order in accordance with law.

    2. What should I do if the employer is in arrears of wages?

    If the employer is in arrears of wages, it can first reach an agreement with the employer, and if the negotiation fails, the employer may go through the following legal procedures:

    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 should 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.

    3. Calculation of compensation.

    The compensation for the employer's arrears of wages is calculated on a case-by-case basis. If the employer does not pay wages within the specified time, it shall pay an additional compensation of 25% of the salary remuneration; If the employer still fails to pay wages within the time limit of the labor administrative department, it shall pay additional compensation to the employee at the rate of 50% to 100% of the amount.

  27. Anonymous users2024-01-12

    It is possible to resign. "Monthly payment" means that wages should be paid in the form of monthly salaries, and should also be paid monthly, so the employer should settle the wages within 30 days after the end of the natural month, and more than 30 days will constitute wage arrears. Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid to the employee at the rate of one month's salary for each full year of service in the employer.

    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 higher than three times the average monthly wage of the employee in the previous year as 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 severance shall not exceed 12 years. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

  28. Anonymous users2024-01-11

    1. What should I do if I am in arrears for 4 months?

    1. According to the relevant laws of China, if the wages of a worker are in arrears for four months, the worker can file a complaint with the labor administrative department, or apply for labor arbitration to protect his own interests.

    2. Legal provisions: Labor Law of the People's Republic of China

    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.

    The principles of conciliation apply to both arbitration and litigation proceedings.

    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) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.

    2. What is the legal basis for economic compensation for wage arrears?

    Article 18 of the Interim Provisions on the Payment of Wages stipulates that the 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 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.

    The term "unjustified arrears" as mentioned in Article 18 of the Provisions refers to the employer's failure to pay the wages of the employee when the salary payment exceeds the prescribed amount without justifiable reasons. Excludes:

    1) The employer is unable to pay wages on time due to natural disasters, wars and other reasons that are beyond human resistance;

    2) If an employer is affected by difficulties in production and operation and capital turnover, it may, with the consent of the labor union of the employer, temporarily postpone the payment of wages to its employees, and the maximum limit of the extension period may be determined by the labor administrative departments of each province, autonomous region or municipality directly under the Central Government in accordance with the local situation. In all other cases, wage arrears are unjustified.

    According to the provisions of the relevant laws of our country, if the wages of the worker are owed for four months, the worker can complain to the labor administrative department or apply for labor arbitration to protect his interests.

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