-
If the employer defaults on its wages without reason, the employee may file a complaint with the local labor inspection department or apply for labor arbitration.
If wages are not paid in a timely manner, there are two ways to claim wages:
1. Workers can complain to the local labor bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;
2. You can apply for arbitration at the local labor bureau and demand payment of wages. If you do not have an employment contract, you can also demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.
Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.
Legal basis: Provincial wage payment regulations. For example:
Article 13 of the Regulations of Guangdong Province on the Payment of Wages Article 13 Where an employer terminates or dissolves a labor relationship with an employee in accordance with the law, it shall settle the settlement and pay the employee's wages in a lump sum on the day of termination or dissolution of the labor relationship.
Article 33 of the Provisions on the Payment of Wages by Enterprises in Shandong Province Where an enterprise dissolves or terminates a labor contract with a worker in accordance with the law, the enterprise shall pay the wages due to the worker in a lump sum when the labor contract is dissolved or terminated.
-
I guess it's the labor inspection department and the labor bureau.
-
Wage arrears are labor issues and workers can file a complaint with the Labor Inspectorate. It is illegal for an employer to fail to pay wages to employees on time or in insufficient amounts, and the labor inspection department will order the employer to pay wages within a time limit. In the event of wage arrears, the labor and social security administrative department shall order the laborer to pay the worker's wages and remuneration within a specified period of time, the difference between the wages of the laborer and the local minimum wage standard, or the economic compensation for the termination of the labor contract.
Labor Contract Law of the People's Republic of China
Article 78.
Trade unions safeguard the legitimate rights and interests of workers in accordance with the law, and supervise the performance and disruption of labor contracts and collective contracts by employers. If an employer violates labor laws, regulations, labor contracts, or collective contracts, the trade union has the right to delay in submitting opinions or requesting corrections;
Where a worker applies for arbitration or initiates a lawsuit, the trade union shall provide support and assistance in accordance with law.
-
If the employer deducts or defaults on wages, the employee may file a complaint or report to the labor and social security department (labor inspection brigade); It is also possible to apply to the Labor Dispute Arbitration Commission for labor arbitration.
Legal basis: Article 50 of the Labor Law stipulates that wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Article 10 of the Regulations on Labor Security Supervision The labor and social security administrative departments shall carry out labor security inspections and perform the following duties:
1) Publicize labor security laws, regulations, and rules, and urge employers to implement them;
2) To inspect the employer's compliance with labor security laws, regulations and rules;
3) To accept reports and complaints about violations of labor security laws, regulations or rules;
4) Correct, investigate and deal with violations of labor security laws, regulations or rules in accordance with the law.
Article 11 The administrative departments for labor and social security shall carry out labor security supervision on the following matters:
1) The employer's formulation of internal labor security rules and regulations;
2) The circumstances of the conclusion of a labor contract between the employer and the employee;
3) The employer's compliance with the prohibition of child labor;
4) The employer's compliance with the special labor protection provisions for female employees and juvenile workers;
5) The employer's compliance with the provisions on working hours, rest and vacation;
6) The employer's payment of wages to workers and implementation of the minimum wage standard;
7) The employer's participation in various social insurances and payment of social insurance premiums;
8) Employment agencies, vocational skills training institutions and vocational skills assessment and appraisal institutions comply with the provisions of the State on employment introduction, vocational skills training and vocational skills assessment and appraisal;
9) Other labor security supervision matters stipulated by laws and regulations.
Labor Dispute Mediation and Arbitration Law
Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:
1) Disputes arising from the confirmation of labor relations;
2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;
3) Disputes arising from removal, dismissal, resignation, or resignation;
4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;
5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;
6) Other labor disputes as stipulated by laws and regulations.
Article 5 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.
-
The employer shall pay wages on a monthly basis, and if the payment is not made in time, it may complain or report to the labor and social security department (labor inspection brigade) where the employer is located or apply to the labor dispute arbitration commission for labor arbitration.
-
Wages are paid monthly, and it is illegal to pay them every other month, and it is legal to pay this month's wages next month. Workers who are in arrears of wages, do not pay wages, and 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 labor remuneration on time, the employee can resign and ask for financial 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 award is refused to be enforced, 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.
Filing a complaint with the Labour Inspectorate may be the quickest and most legal way. >>>More
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. >>>More
OK. 12345 is a citizen**, designed to solve various problems for citizens. However, wage arrears are labor and employment issues, and it is recommended to go to labor arbitration in a more targeted manner.
If the employer is in arrears of wages, the employee can file a complaint with the labor administrative department or directly apply for labor arbitration. If you complain to the labor administrative department, you should go to the labor inspection brigade in the urban area to complain about the company's wage arrears, and the labor inspection brigade will accept it, leave the relevant information of the complainant, and then contact the complained company to investigate and understand, if the situation is true, the labor inspection brigade will come forward to mediate, and require the complained company to correct its violation of the labor law and other relevant laws and regulations within a time limit, if the company refuses to implement, the labor inspection brigade will apply to the court for compulsory enforcement, and punish the unit. Wage arrears are a common problem that employees can solve with the following methods: >>>More
If you want to fully protect your legitimate rights and interests, it is recommended that you read the Labor Law, the Labor Contract Law, the Regulations for the Implementation of the Labor Contract Law and the Social Insurance Law, so that you can know what aspects the employer has violated your rights and interests, which will benefit you for the rest of your life. If the employer infringes on your legitimate rights and interests, pay attention to collecting evidence. This is important if there is arbitration or litigation in the future. >>>More