Non payment of wages to employees does not fall under that law

Article 9 of the Labor Dispute Mediation and Arbitration Law [Labor Inspection] 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, and the labor administrative department shall handle the investigation of the violation of labor security laws, regulations or rules in accordance with the law Article 17 The investigation of the violation of labor security laws, regulations or rules by the labor security administrative department shall be completed within 60 working days from the date of filing the case; 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.

Hello, it is advisable to file a complaint with the labor inspection department about this violation of the law; Article 9 of the Labor Dispute Mediation and Arbitration Law [Labor Inspection] 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, and the labor administrative department shall handle the investigation of the violation of labor security laws, regulations or rules in accordance with the law Article 17 The investigation of the violation of labor security laws, regulations or rules by the labor security administrative department shall be completed within 60 working days from the date of filing the case; 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.

Hello, if you have violated the labor law, you can file a complaint with the labor inspection brigade or apply for arbitration.

1. If you have not signed a labor contract, you can ask for double wages for up to 11 months;

2. You can request to pay back social insurance;

3. A penalty of 50 to 100 percent can be requested.

If you don't have any information in their hands, just resign, but the salary is estimated to be returned, nothing has been signed, and there is no legal means at all.

Hello! Although there is no contract, there is a factual contract in it.

You can go to the labor department for a consultation.

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

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China 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. 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 50 Wages shall be paid to the laborers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

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

2. Refusal to pay wages for extended working hours to employees;

3. The wages of workers are paid below 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. What are the consequences to be borne by legal persons in arrears of wages?

1. The legal representative bears limited liability to the company, and the company bears unlimited joint and several liability for the debts owed by the company with all its assets, and if the company is still unable to pay off its debts (including workers' wages) after bankruptcy liquidation, the general legal representative does not need to bear joint and several liability.

2. The company's poor performance cannot be the reason for the company's wage arrears, even if the company is on the verge of bankruptcy, the company needs to be liquidated, and at the same time, the assets obtained from the liquidation give priority to the payment of wages owed to workers.

3. The amount of wage arrears of the enterprise will be announced. The Measures for the Public Disclosure of Major Labor Security Violations came into effect on January 1, 2017. Seven types of major violations of labor safeguards shall be announced to the public.

2. What should I do if the enterprise maliciously defaults on wages?

1. For this kind of illegal behavior, the easiest way is to complain to the local labor law enforcement inspection brigade, and they will supervise the employer in accordance with the "Labor and Social Security Supervision Regulations" and order it to pay the arrears of wages.

2. In accordance with the provisions of Article 30 of the Labor Contract Law, if the employer is in arrears or fails to pay the 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. The most effective is to apply for labor arbitration directly to the local labor administrative department (no fees, no lawyer), issue an imitative award through labor arbitration, claim compensation from the unit, and if you still do not pay compensation, you can apply to the court for enforcement.

4. If the labor arbitration is not accepted or the arbitration is unfair, a civil lawsuit can be filed with the court within 15 days and directly executed through the court judgment.

5. While claiming wages in the above ways, you can also request the employer to pay you additional compensation according to the standard of 50% to 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law.

What are the relevant provisions of the Labor Contract Law on wage arrears?

1. Article 50 of the Labor Law of the People's Republic of China stipulates that wages shall be paid to the worker himself on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed.

2. Article 85 of the Labor Contract Law stipulates that if an employer falls under any of the following circumstances, the labor administrative department shall order it 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.

The Labor Contract Law stipulates how to deal with wage arrears without a labor contract.

1. Failure to sign a contract - compensation for double wages

Article 10 of China's Labor Contract Law clearly stipulates that "a written labor contract shall be concluded to establish an employment relationship." If an employment relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment", and if "the employer has not concluded a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage" (see Article 82 of the Labor Contract Law).

2. Arrears of wages - additional compensation

According to Article 85 of the Labor Contract Law, if an employer "fails to pay the labor remuneration to the employee in accordance with the provisions of the labor contract or the accompanying party fails to comply with the provisions of this Law", "the labor administrative department shall order the payment of labor remuneration, overtime pay or economic compensation for the termination or termination of the labor contract within a time limit; 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 between 50% and 100% of the amount payable."

3. Termination of the contract - severance payment

From Article 38 of the Labor Contract Law, we know that if an employer "fails to pay labor remuneration in full and in a timely manner" or "fails to pay social insurance premiums for its employees in accordance with the law", the employee may terminate the employment relationship without giving 30 days' notice to the employer and has the right to claim corresponding economic compensation (for specific compensation standards, please refer to Article 47 of the Labor Contract Law).

To sum up, both the Labor Contract Law and the Labor Law of China have provisions on arrears of wages for employees, and workers can refer to the relevant laws mentioned in the article to assert their legitimate rights and interests when encountering wage arrears from the employer. If you still have questions about this, you are welcome to consult a lawyer.

Legal analysis: Article 30, if wages are in arrears, you can report to the local labor law enforcement department, and the law enforcement inspectors of the labor department will help coordinate the solution to the labor dispute and arbitration institutions in various places to apply for arbitration, if you are not satisfied with the arbitration, you can also go to the people's court to sue and enforce the lawsuit, and if you can't afford to pay for the lawsuit, you can also apply for a reduction or exemption of litigation fees. In short, with the help of ** and the law, you should get the remuneration you deserve.

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 late seller in full and in a timely manner. If the employer is in arrears or fails to pay the wages for the harassment 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.