Who should I turn to for answers about unpaid wages?

Updated on society 2024-04-08
9 answers
  1. Anonymous users2024-02-07

    If you work in a company, then if you owe your salary, you have to find the company's internal staff and finance first, and if they don't give money, you continue to find the boss (shareholder) of the company. If they refuse to give money, they shall apply to the local labor arbitration commission for arbitration and demand payment of wages.

    If you are employed by someone, then you have to find the person who hired you, specifically, who you work for. Whoever can benefit from your work, you will find whomever you want. This is the so-called employment "who benefits, who bears".

  2. Anonymous users2024-02-06

    1. Negotiate with the boss to solve; 2. The labor arbitration commission of the local labor bureau applies for labor arbitration to get the wages back. 3. If you are not satisfied with the arbitration result, you can file a lawsuit with the court; 4. You may file a complaint with the labor inspection agency, which will order the employer to make corrections. ]

  3. Anonymous users2024-02-05

    Complain to the labor department and apply for labor arbitration. Monthly wages, daily wages, hourly wages, and overtime wages can be calculated according to the following provisions: 1.

    Business. Article 3 of the Provisions of the Hospital on the Working Hours of Employees. 2. Articles 41 and 44 of the Labor Law of the People's Republic of China.

    3. Notice on the Average Monthly Working Hours and Wage Conversion of Employees throughout the Year. Looking at the "Interim Provisions on the Payment of Wages" and the "Supplementary Provisions on Issues Concerning the Interim Provisions on the Payment of Wages," there are clear definitions for arrears and deduction of wages. If the labor remuneration or overtime wages are deducted or deducted, it may be resolved in accordance with Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts or Article 85 of the Labor Contract Law.

    The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department. ]

  4. Anonymous users2024-02-04

    One is to find a contact person and chase after him; Second, find a labor inspection complaint; Third, to the Municipal Federation of Trade Unions to shout grievances; Fourth, the court complained. The premise is that the human and physical evidence is complete. ]

  5. Anonymous users2024-02-03

    1. Who to find for arrears of wages.

    1. In case of wage arrears, you can first negotiate and mediate with the boss, and it is best to ask the boss to write an IOU; If the negotiation fails, the applicant may file a complaint with the labor administrative department or apply for labor arbitration; If there is no way to solve the problem by the above methods, you can file a civil lawsuit with the court. It should be noted that employees should collect and keep evidence such as salary IOUs and employment certificates in a timely manner to support and protect their legitimate rights and interests.

    2. Legal basis: Article 18 of the Interim Provisions on Payment of Wages.

    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) Deducting or defaulting on the wages of the workers without reason;

    2) Refusal to pay wages for extended working hours;

    3) The wages of workers are paid below the local minimum wage standard.

    The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

    2. How to appeal against unpaid wages.

    1. Prepare the complaint and proof of arrears of wages to the court where the employer is located or the place where the labor contract is performed to file the lawsuit;

    2. If the conditions for filing a case are met after the court's review, the case shall be filed and accepted;

    3. After the court accepts the complaint, the complaint will be served on the defendant, the defendant will make a written defense, and the two parties will exchange evidence;

    4. ** Trial, mediation or judgment through court investigation, presentation of evidence, debate between the two parties, etc.

  6. Anonymous users2024-02-02

    Legal Analysis: Unpaid wages can be resolved in the following ways:

    1. The parties can first find the boss for negotiation and mediation;

    2. If the negotiation fails, you can file a complaint with the labor administrative department, or you can apply for labor arbitration to solve the problem;

    3. If the above methods do not obviously solve the problem, you can file a civil lawsuit with the court to help solve the problem.

    1. The criteria for filing a case for the crime of refusing to pay labor remuneration are as follows:

    1. Concealing, destroying or tampering with materials related to labor remuneration, such as account searches, employee rosters, wage payment records, and attendance records;

    2. Refusal to pay a worker's labor remuneration for more than three months and the amount is between 5,000 and 20,000 yuan.

    2. The circumstances under which compensation is required after arrears of wages are as follows:

    1. Paying wages to workers lower than the local minimum wage standard;

    2. Arrange overtime work without paying overtime pay;

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

    In short, if an employer owes its employees' wages, it can find any administrative agency, especially the local government or the police. The common situation is to complain or report to the labor inspection brigade, and when the processing time is slow, you can directly apply for the initiation of labor dispute resolution channels for processing. According to the provisions of the relevant judicial interpretations, refusal to pay a worker's labor remuneration for more than three months through specific acts, and the amount is between 5,000 and 20,000 yuan, constitutes the crime of refusal to pay labor remuneration.

    If an employer is in arrears with the wages of a worker, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a specified period of time.

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

    Article 47 [Calculation of Economic Compensation] Economic compensation shall be paid to the worker according to the number of years he has worked in the unit and the standard of one month's salary for each full year. 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 economic compensation for half a month's seniority.

    If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year 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 payment 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.

  7. Anonymous users2024-02-01

    1. What to do if wages are in arrears.

    1. The handling of wage arrears is as follows:

    1) If you are in arrears of wages, you can apply for arbitration at the local labor bureau and demand payment of wages;

    2) If the labor contract is not signed, the employee can be required to pay double the salary for the labor contract that has not been signed;

    3) If the labor relationship is terminated on the basis of arrears of wages, the employee may also be required to pay severance payments. Workers can also file a complaint with the local labor bureau for labor inspection.

    2. Legal basis: Article 18 of the Interim Provisions on Payment of Wages.

    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.

    2. How to appeal against unpaid wages.

    The way to appeal against unpaid wages is as follows:

    1. Prepare the complaint and proof of arrears of wages to the court where the employer is located or the place where the labor contract is performed to file the lawsuit;

    2. If the conditions for filing a case are met after the court's review, the case shall be filed and accepted;

    3. After the court accepts the complaint, the complaint will be served on the defendant, the defendant will make a written defense, and the two parties will exchange evidence;

    4. ** trial, mediation or judgment through court investigation, evidence presentation and cross-examination, debate between the two parties, etc.

  8. Anonymous users2024-01-31

    In the case of wage arrears, you can first negotiate and mediate with the boss, and it is best to ask the boss to write an IOU; If the negotiation fails, the applicant may file a complaint with the labor administrative department or apply for labor arbitration; If none of the above methods can be solved, a civil lawsuit can be filed with the court. It should be noted that employees should collect and keep evidence such as salary IOUs and employment certificates in a timely manner to support and protect their legitimate rights and interests.

    How to appeal against unpaid wages.

    1. Prepare the complaint and proof of arrears of wages to the court where the employer is located or the place where the labor contract is performed to file the lawsuit;

    2. If the conditions for filing a case are met after the court's review, the case shall be filed and accepted;

    3. After the court accepts the complaint, the complaint will be served on the defendant, the defendant will make a written defense, and the two parties will exchange evidence;

    4. ** trial, mediation or judgment through court investigation, evidence presentation and cross-examination, and debate between the two sides.

    Legal basisArticle 18 of the Interim Provisions on Payment of Wages.

    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 person suspected of being a laborer, the labor administrative department shall order it to pay the employee's wages and economic compensation, and may also order the employer to pay compensation:

    1) Deducting or defaulting on the wages of the workers without reason;

    2) Refusal to pay wages for extended working hours;

    3) The wages of workers are paid below the local minimum wage standard.

    The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

  9. Anonymous users2024-01-30

    1. Who to complain to about wage arrears.

    1. Complain about arrears of wages to the following places:

    1) Complain to the labor bureau where the employer is located;

    2) Complain to the labor arbitration commission where the employer is located;

    3) If the amount of arrears of wages is relatively large, you can directly ask a lawyer to file a lawsuit and recover the arrears of wages through litigation.

    2. Legal basis: Article 29 of the Labor Contract Law of the People's Republic of China.

    Performance of the Labor Contract] The employer and the employee shall fully perform their respective obligations in accordance with the provisions of the labor contract.

    Article 30. Labor remuneration] The employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract and the provisions of the state.

    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.

    2. How long is the arrears of wages can apply for labor arbitration.

    One month of unpaid wages can usually be applied for labor arbitration. The employer shall pay the wages of the employee according to the standard stipulated in the labor contract, and the wages shall be paid in the form of money on a monthly basis.

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