The boss owes me wages and can t be contacted, but I m not in the local area, how can I collect it

If you are not satisfied with the arbitration result, you can file a lawsuit in the people's court of the company's registered place or the company's place of business.

Hope it helps!

1. If the employer is in arrears of wages, the employee may resign in accordance with Article 38 of the Labor Contract Law. 2. Article 38 of the Labor Contract Law The employee may terminate the labor contract under any of the following circumstances: (1) Failure to provide labor protection or working conditions in accordance with the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Legal analysis: arrears of wages can be called to the Labor Bureau. The investigation of violations of labor security laws, regulations or rules by the administrative department for labor security shall be completed within 60 working days from the date on which the case is filed; If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.

Legal basis: Article 9 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes If 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 the law.

Hello dear and happy to answer your <>

Send a message to the boss to ask for a salary, and euphemistically ask the boss for a salary, you should pay attention to the following points: 1. Have a good attitude, not humble or arrogant, and explain your actual situation to the boss in an orderly manner. For example, Mr. Wang, you also know that I am about to get married, and I really need money, do you think you can pay my pure salary?

Special thank you 2, to find the right opportunity, do not ask the boss for money in a crowded situation, this will make him very faceless, the possibility of getting to xing is relatively small, and the relationship is stiff. If everyone goes to eat at noon, the boss is alone in the office, you can tell him, Mr. Wang, are you still busy? I've brought you some food, and you can make do with it.

I don't know how to eat in the future, I'm about to get married, I'm really nervous, can you pay my salary?

How to send a message if the boss is in arrears

Ask the boss directly when the salary will be paid.

It is illegal to be in arrears for a few days

According to Article 50 of the Labor Law, "wages shall be paid in monetary form to the worker on a monthly basis. Wages shall not be deducted or unjustifiably delayed. ”

Article 7 of the Interim Provisions on the Payment of Wages stipulates that "wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages shall be paid at least once a month, and wages may be paid on a weekly, daily, and hourly basis if the weekly, daily, and hourly wage system is implemented", and wages must be paid on a monthly basis.

If the agreed payroll date is exceeded, it shall be considered as arrears of wages. ”

It is faster to find which department to solve the arrears of wages first

1. Local Labor Law Enforcement Supervision Brigade. The easiest way is to file a complaint with the local labor law enforcement inspection brigade, who will supervise and inspect the employer in accordance with the "Labor Security Supervision Regulations" and order it to pay the arrears of wages. Complaints and reports** Consult the local labor department for details.

2. Local People's Court. Article 30 of the Labor Contract Law stipulates that if an employer is in arrears or fails to pay labor remuneration in full, the employee 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.

3. Local labor administrative department. The most effective is to apply directly to the local labor administrative department for labor arbitration (no fees, no lawyers), and through the award issued by the labor arbitration, claim compensation from the unit, and if the compensation is not paid, you can apply to the court for enforcement. (Statute of limitations for filing labor arbitration:.)

60 days; That is, the employee shall apply to the labor arbitration commission for arbitration within 60 days from the "date of occurrence of the labor dispute". However, many workers have been questioning how to define the "date of occurrence of labor disputes". According to the Second Judicial Interpretation on Labor Disputes, the dispute over wage arrears shall be calculated from the date on which the employee receives a written notice of "refusal to pay wages" from the employer, otherwise the "date on which the employee claims rights" shall be taken as the standard.

4. Civil litigation in the local people's court. If the labor arbitration is not accepted or the arbitration is unfair, a civil lawsuit can also be filed with the court within 15 days, and the court judgment can be directly enforced.

If the boss is in arrears of wages, he should promptly ask a lawyer to guide him.

Reminder: The Civil Code will come into force on January 1, 2021, and the Marriage Law, Inheritance Law, General Principles of the Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law and General Provisions of the Civil Law will be repealed at the same time. If you are involved in other issues under the Civil Code

Legal analysis: If an employee works for a regular company, it is recommended to contact the local labor inspection brigade with relevant evidence (uniforms, wage slips, contracts, agreements, work permits, etc.), and the Municipal Labor Bureau **12333, 24 hours**. If the employer is not a regular company, has not registered with the Industrial and Commercial Bureau, or is working for an individual, it is recommended to file a lawsuit in the people's court where it is located, and maintain the right to leather shirts through the channel of judicial litigation, Municipal Bureau of Justice**12348.

Legal basis: Article 91 of the Labor Law of the People's Republic of China 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 the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation: (1) deducting or delaying the employee's wages without reason; (2) Refusing to pay wages and remuneration for laborers' long 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.

Legal analysis: If the boss is in arrears of wages, he can directly apply to the court to issue a payment order to the debtor to repay the money. Please pay the order in the litigation called the supervision procedure, applicable to monetary debts and valuable debts, the creditor's rights and debts between the parties should be clear, the creditor has more sufficient evidence, such as IOUs, IOUs, etc.

Moreover, one party simply enjoys the rights and the other party simply bears obligations, and the two parties do not have mutual claims and debts. In addition, the debtor should reside in the country and have a clear domicile so that the payment order can be served directly. If these conditions are met, the creditor can write an application.

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

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Except in the case where the employer maintains or raises the agreed conditions of the labor contract and renews the labor contract, and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

If the boss is in arrears of wages, the handling methods are as follows:

1. In the event of a dispute over unpaid wages, the employee shall first request the employer for payment and take the initiative to communicate and negotiate with the employer.

Generally speaking, most employers will agree to the requirement of fair wages, taking into account the costs of litigation and the negative impact it will cause. After the parties reach an agreement, the employee can enter into a settlement agreement with the employer, but it should be noted that the agreement is not enforceable.

2. After the occurrence of a labor dispute, the worker may submit a request to the labor dispute mediation committee to preside over the mediation. The labor dispute mediation committee is generally composed of employee representatives, employer representatives and trade union representatives, which can assist both parties in resolving conflicts in a relatively neutral manner, and is also conducive to reducing the burden of litigation between the two parties.

Therefore, when there is a dispute over unpaid wages, the employee may first consider this method. If the two parties reach an agreement, the labor dispute mediation committee can make a mediation agreement, but the agreement is not enforceable.

3. If it is impossible to negotiate with the employer or the negotiation is still invalid, the employee may, within one year from the date of termination of the labor relationship, file an arbitration with the labor dispute arbitration commission at the place where the employer is located or where the labor contract is performed.

Different from the above methods, labor arbitration is the only way to resolve labor disputes, that is, when the above methods cannot be recovered, the next step must be labor arbitration.

Mediation will be arranged before the arbitration**, and the mediation letter prepared at this time will be enforceable. Generally speaking, disputes arising from non-payment of wages and remuneration to employees are final and conclusive for employers.

4. If the employee is not satisfied with the result of the labor arbitration, he or she may file a lawsuit with the court where the arbitration institution is located within 15 days from the date of receipt of the arbitration award.

In other words, if the worker fails to obtain satisfactory results, such as not receiving wages or paying less wages, there is a way to remedy it through litigation.

However, an employer can only apply to the court to set aside the arbitration if it has the statutory circumstances. This provision reflects the protection of vulnerable groups under the law.

Article 5 of the Labor Dispute Mediation and Arbitration Law provides that 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; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

1: If the employee works for a regular company, it is recommended to contact the local labor inspection brigade with relevant evidence (uniform punch judgment, wage slips, contracts, agreements, work permits, etc.), and the Municipal Labor Bureau **12333, 24 hours**. 2：

If the employer is not a regular company, has not registered with the Industrial and Commercial Bureau, or works for an individual, it is recommended to file a lawsuit in the people's court where it is located, and protect its rights through the channel of judicial litigation, Municipal Bureau of Justice**12348. Article 91 of the Labor Law stipulates that if an employer infringes upon the lawful rights and interests of a worker under any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation: (1) the employee is deducted or in arrears of wages 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.

Legal basis

Article 91 of the Labor Law of the People's Republic of China If 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 order the employee to pay compensation instead: (1) deducting or arrears of the worker's wages 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.

1. If the boss is in arrears of wages and cannot find anyone, he can apply for labor arbitration, and the labor dispute arbitration at the place where the employer is located or the place where the labor contract is performed can be applied by the committee. It is also possible to prosecute, and when the defendant is sentenced in absentia, it is still handled in accordance with the outcome of the trial.

2. Legal basis:

Article 9 of the Law on Mediation and Arbitration of Labor Disputes If an employer violates the provisions of the State 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.