How to ask for arrears of wages?

Workers can look for proof of the existence of an employment relationship with the employer, such as: work permit or work card (preferably stamped with the official seal), salary card transaction records, wage slips, tooling with the name of the company, individual income tax payment certificate printed and stamped by the local taxation bureau, temporary residence permit handled by the employer for the employee, attendance records, social insurance payment records, work orders, colleague testimonies (preferably on the job), audio and video recordings, or other written materials with the employee's name and official seal or the boss's signature, etc. As long as the employment relationship between the two parties is proved, the employee can apply for labor arbitration and demand the employer to pay the arrears of wages.

How to Apply for Labor Arbitration:

1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).

2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court;

3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.

Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the workers themselves in the form of money on a monthly basis. 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 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.

If an employer is in arrears of wages, it may apply to the Labor Arbitration Commission for labor arbitration.

1. The easiest way is to file a complaint with the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the "Labor 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), and claim compensation from the unit through the award issued by labor arbitration, and if it is not compensated, it can be applied 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.

Listen to the lawyer's solution.

How to ask for the boss's arrears of wages.

Arbitration negotiation fails to sue!

If wages are in arrears, the worker may apply to the labor dispute mediation committee of the employer for mediation and claim wages from the employer. If the employer still refuses to pay, it can apply to the labor dispute arbitration commission for arbitration, and then it can also file a lawsuit with the court to claim wages.

1. How can I defend my rights if my boss owes wages and has an IOU.

If there is an IOU for arrears of wages, you can ask for wages in the following ways:

1.Lodge a complaint with the Labour Inspectorate. If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, the worker may file a complaint with the labor administrative department, which shall handle the matter in accordance with law.

2.Labor arbitration. In the event of a labor dispute, if the parties are unwilling to negotiate or fail to negotiate, or Lu Shiheng fails to perform after reaching a settlement agreement, or if he is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he may apply to the labor dispute arbitration commission for arbitration; If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

3.Filing a lawsuit in court. If the employee has an IOU, he or she may file a civil lawsuit with the court directly with his ID card, IOU, complaint and a copy, and the court orders the employer to pay the arrears, but the employer still fails to pay the arrears, the worker may apply to the court for compulsory enforcement within two years after the expiration of the time limit specified in the judgment.

2. How to deal with disputes between employers and employees.

In the event of a dispute between the employer and the employee, the employee may first apply to the labor dispute mediation committee of the employer for mediation. If the mediation fails, the applicant may apply to the Labor Dispute Arbitration Commission for arbitration. It is also possible to apply directly to the Labor Dispute Arbitration Commission for arbitration.

If the applicant is dissatisfied with the arbitral award, he or she may directly file a lawsuit with the people's court.

3. What should I do if the company closes down and does not pay wages or terminate the contract.

If the company does not pay wages and does not terminate the contract when the company goes bankrupt, the handling method is as follows:

1. Settlement through negotiation;

2. Apply to the Labor Dispute Mediation Committee for mediation and settlement;

3. Resolve the matter by applying for arbitration or filing a lawsuit with the court.

The Labor Law of the People's Republic of China stipulates that if a labor dispute arises between an employer and an employee, the parties concerned may apply for mediation, arbitration, litigation or negotiation in accordance with the law. After the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation; If the mediation fails, and the parties request arbitration, they may apply to the labor dispute arbitration commission for arbitration. The parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration.

If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Article 4 of the Law on Mediation and Arbitration of Labor Disputes.

In the event of a labor dispute, the employee may negotiate with the employer, or ask the labor union or a third party to negotiate with the employer to reach a settlement agreement.

Article 5 of the Law on Mediation and Arbitration of Labor Disputes.

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.

Article 30 of the Labor Contract Law of the People's Republic of China stipulates that the employer shall, in accordance with the provisions of the labor contract and national regulations, pay the employee the remuneration for manual search 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.

Paragraph 1 of Article 17 of the Interpretation (III) on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases stipulates that if an employee applies to the people's court for a payment order in accordance with Article 30, Paragraph 2 of the Labor Contract Law and Article 16 of the Mediation and Arbitration Law, and meets the requirements of Chapter 17 of the Civil Procedure Law, the people's court shall accept it. Therefore, if it is true that the company owes the employee's wages, it can apply to the court for a payment order.

The written application shall clearly state the amount of money requested and the facts and evidence on which it is based.

After accepting the application, if the people's court finds that the creditor's rights and debts are clear and legal after reviewing the facts and evidence provided by you, it shall issue a payment order to the company within 15 days from the date of acceptance. The company shall, within 15 days from the date of receipt of the payment order, repay the debts or submit a written objection to the people's court. If the company does not raise an objection and fails to perform the payment order within the specified period, you can apply to the people's court for enforcement.

Article 217 of the Civil Procedure Law of the People's Republic of China stipulates that after receiving the written objection from the debtor, the people's court shall rule to terminate the supervision procedure, the payment order shall become invalid on its own, and the creditor may file a lawsuit. Paragraph 2 of Article 17 of the Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases provides:

In accordance with paragraph 2 of Article 30 of the Labor Contract Law, if the employee directly files a lawsuit with the people's court regarding the labor dispute after the application for payment order is ruled by the people's court to terminate the supervision procedure, the people's court shall inform the employee to file a lawsuit with the labor and personnel dispute first. Therefore, if the payment order is invalid and you do not have an IOU issued by the company, you can only apply for labor dispute arbitration first, and cannot directly sue the court.

Those who are in arrears of wages may take the following measures: 1. Complain to the Safeguards Supervision Brigade of the labor department, and after the complaint, they will order the employer to pay the arrears of wages within a time limit: If the employer fails to pay within the time limit, they will order the employer to pay additional compensation to the worker at the rate of 50 to 100 percent of the amount payable.

If the remuneration is lower than the local minimum wage, the employer shall pay the difference. 2. Apply for labor arbitration and request the employer to pay wages. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.

Legal basis] 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 payment is not made within the time limit, the employer shall be ordered to pay additional compensation to the worker according to the standard of 50% to 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. Legal basis, Article 85 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Legal Responsibility for Failure to Pay Labor Remuneration and Economic Compensation in Accordance with Law] If the unit with the Royal Chain has 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.

Summary. There are several ways to resolve arrears of labor remuneration: applying for labor arbitration, applying for mediation, reporting to the labor inspection brigade, and filing a lawsuit with the court.

There are several ways to resolve arrears of labor remuneration: applying for labor arbitration, applying for mediation, reporting to the labor inspection brigade, and filing a lawsuit with the court.

1) Negotiation process. Negotiation refers to the direct negotiation between the employee and the employer on the disputed issues to find a specific solution to the dispute. (2) Carry out whistle-blowing judgment and non-publicity.

Workers may file a complaint with the labor supervision and security department, which will intervene in the handling of the complaint. (3) Arbitration Proceedings. The arbitration procedure is a procedure in which one of the parties to a labor dispute submits the dispute to the labor dispute arbitration commission for processing.

4) Apply for a payment order. Workers who imitate shantytowns may apply to the people's court for a payment order requiring the employer to pay wages.

Legal basis: Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes states that this Law shall apply to the following labor disputes between employers and employees 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, or termination of labor and limb 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 provided for by laws and regulations.

Labor arbitration is the most direct and effective method, and it is recommended to apply for labor arbitration at the place where the employer is located or where the labor contract is performed.