Wage arrears The company does not pay wages on the grounds that the company s computer does not have

In this case, you can remember your clock-in record of working in the company as a record of your work in this company and apply for labor arbitration.

This is not legal, you can ask the labor inspection brigade to intervene, and they will help you coordinate.

Collect evidence of yourself in this company, such as chat logs, punch cards, work cards and other related evidence, and then go to the labor department to appeal!

Talk to your boss well, explain the situation, and don't take an extreme attitude.

Summary. Hello, I am glad to answer for you: is it legal for the company to have no money in arrears of employees' wages, and it is not a crime for the company to lose money and pay wages, but if the employer loses money, it is illegal for it not to pay its wages, which is an illegal act, and the employee can complain and report to the local labor inspection department or apply for labor arbitration for the employer's unreasonable arrears of wages.

Hello, I am glad to answer for you: is it legal for the company to have no money in arrears of employees' wages, the company's loss and no money to pay wages does not constitute a crime, but if the employer loses money, it is not legal to pay its wages, it is an illegal act, and the employee can complain and report to the local labor inspection department or apply for labor arbitration.

According to the provisions of the Labor Law of the People's Republic of China, if an employer infringes upon the legitimate rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the payment of wages and remuneration and economic compensation to the worker, and may also order the payment of compensation: (1) the employee is in arrears of wages without verification or unjustification; (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.

As long as the employer deducts or defaults on the employee's wages without reason, or refuses to pay the employee the wages for extended working hours, it is illegal. The labor administrative department shall order the payment of wages and remuneration and economic compensation to the laborer, and may also order the payment of compensation.

Hello, the company's practices are clearly not legal! You can file a complaint with the labor inspection department, and the employee's compensation will be paid first.

You can also apply to the labor and personnel dispute arbitration commission where the company is located to recover your salary!

1. You can apply for labor arbitration and require the employer to pay you the arrears of wages, deposits, economic compensation, double wages for unsigned labor contracts (starting from the second month of employment, up to 11 months), overtime wages, etc.; Counting from the time you leave your job, the statute of limitations for labor arbitration is one year!

2. Labor disputes, the premise is that there is evidence to prove the labor relationship, such as the company's name of the tooling, work permit or work card (preferably stamped with the official seal), salary card transaction records, salary slips, attendance records, social insurance payment records, colleague testimony (resignation and in-service can be), audio and video recordings or other written materials with your name and official seal or the boss's signature, etc. (including the work card with the official seal, social insurance payment records, documents with your name and official seal, and one is sufficient to prove the labor relationship);

3. When applying for labor arbitration, you need to bring the arbitration application, a copy of your ID card, relevant evidence, and a copy of the employer's industrial and commercial registration information or business license (registration information is not required in Beijing). After the case is filed, **, and then mediated, and the arbitration committee fails to issue an award if the mediation fails;

4. If you are not clear about the law, it is recommended to entrust a professional lawyer in time to provide you with legal help! I am a lawyer specializing in handling labor arbitration cases, and I have also handled a large number of labor arbitration cases, so as to protect the interests of the parties to the greatest extent, and you can call us for consultation on your matters.

In the case of wage arrears by the employer, the farmer should first negotiate with the employer, and if the negotiation cannot be resolved, it can be resolved through the following legal means:

1) Complain and report to the local labor and social security inspection agency;

2) To apply for labor arbitration to the local labor dispute arbitration commission, 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.

1. How to compensate for arrears of wages?

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

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.

Unjustified arrears of wages refer to the employer's deliberate failure to pay wages at the prescribed time without justifiable reasons. As long as the employer does not pay the wages within the time specified in the labor contract, the employee is in arrears.

Sometimes, the employer is in arrears of wages mainly because the unit has difficulties in operating the property and cannot pay the salary, but there are also many employers who do not want to pay the wages and delay it again and again, so that the workers are too lazy to ask for wages or cannot ask for wages for various reasons, and finally the unit has become the only winner.

For workers, if the company has wage arrears, short-term arrears are understandable, but if long-term arrears or regular arrears of wages will affect the enthusiasm of employees. In fact, the non-payment of wages to employees is also a violation of the Labor Law. At this time, we should actively take measures to deal with it, so as to better protect our own interests from damage.

If the company does not pay the wages owed, the employee can first negotiate with the employer to settle the problem; If the negotiation fails, the local labor and social security supervision agency shall file a complaint and report, and the labor administrative department shall order the payment of labor remuneration within a time limit; Apply to the local labor dispute arbitration commission for matching; If they are not satisfied with the arbitration result, they may file a lawsuit with the people's court.

Article 85 of the Law of the People's Republic of China on the Return of Labor Contracts stipulates that if an employer falls under any of the following circumstances, the Ministry of Labor Administration shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit if it misses the sedan car door; 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 employee's labor remuneration 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 lower than the local minimum wage standard; (3) Arrange 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 handling of employee wage arrears is as follows: In the case of the company's arrears of employees' wages, employees have the following ways to protect their rights: 1. Negotiate with the company to require them to pay; 2. Report to the labor administrative department; 3. Apply to the Law Quiet Court for an order to pay wages; 4. Apply to the Labor Dispute Arbitration Commission for labor arbitration in accordance with the law.

Article 5 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China 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 an agreement on mediation and settlement, 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.

If an employer owes an employee wages, the employee has three ways to request payment of wages:

1. Workers can file complaints with the local human resources and social security bureau for labor inspection;

2. You can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request payment of wages.

3. If there is an IOU, you can directly sue the court to demand the payment of the salary amount in the IOU.

The employer shall pay labor remuneration in accordance with the provisions of the labor contract and the law, and the employer's wage arrears are illegal. You can negotiate with the employer first, ask the employer to pay labor remuneration, and pay attention to the audio and video recordings, and pay attention to collecting relevant labor contracts, work certificates, wage receipts and other evidence materials. If the employer is in arrears of labor remuneration, you may request the employer to make up the payment, or you may terminate the labor contract and request the employer to pay economic compensation on this ground.

Severance shall be paid to the worker according to the number of years of service in the employer and 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 half a month's salary. If the employer refuses to issue the payment, you can file a complaint with the labor inspection brigade where the employer is located, or apply to the labor arbitration commission for labor arbitration.

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

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the 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 under which the labor contract may be terminated 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.

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 improves the agreed conditions of 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) Terminating a 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.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and 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 half a month's salary.

1. If the worker works for the employer, there are two ways to request payment of wages:

1. Workers can file complaints with the labor inspection in the local human resources and social security bureau; Pros: Simple way. Disadvantages: Enforcement may not be very strong in some areas;

2. You can apply for arbitration at the labor dispute arbitration committee in the local human resources and social security bureau and request payment of wages. If you do not have an employment contract, you can 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.

2. If it is for an individual, it is not considered an employment relationship. The parties can directly go to the court to sue the individual boss and demand payment of labor remuneration.

Article 85 of the Labor Contract Law 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 lower than the local minimum wage standard;

(3) Arrange 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.

Article 2 of the Law on Mediation and Arbitration of Labor Disputes 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.;

Article 50 of the Labor Law 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.

Article 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels 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.