What will be the outcome of labor arbitration for unpaid wages?

The most important thing in arbitration and litigation is evidence, and without evidence, even if the arbitrators and judges have compassion and use their discretion, I am afraid they will be helpless. Now that you know what the problem is, you can look for evidence. Even if it's not yours, there will always be payroll records from your former colleagues (who are in the same situation as you, by analogy).

In the case of absenteeism in labor arbitration, you can request the arbitral tribunal to notify the company in writing.

Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 44 The Arbitral Tribunal may, upon the application of the parties, make an award for advance enforcement and transfer the case to the people's court for enforcement in cases of recovery of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation.

If the arbitral tribunal awards are enforced in advance, the following conditions shall be met:

1) The relationship between the rights and obligations of the parties is clear;

2) Failure to enforce the law will seriously affect the applicant's life.

If the worker applies for prior enforcement, he or she may not provide a guarantee.

Article 47 Except as otherwise provided in this Law, the arbitral award shall be final and effective from the date of its issuance

1) Disputes over the recovery of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, which does not exceed the amount of the local monthly minimum wage standard for 12 months;

2) Disputes arising from the implementation of national labor standards in terms of working hours, rest and vacation, social insurance, etc.

The statute of limitations for arrears of wages is one year, and the limitation period for arbitration is calculated from the date on which the parties knew or should have known that their rights had been infringed. Under special circumstances, the application for arbitration by an in-service employee due to arrears of labor remuneration is not subject to the one-year limitation period for arbitration. If the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

According to Article 27 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, the limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed. The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations.

From the time of interruption, the arbitration limitation period is recalculated.

Article 27 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes stipulates that the limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed. The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted by the fact that one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations.

From the time of interruption, the arbitration limitation period is recalculated.

[Legal Analysis].

Wage arrears are valid with the Labor Arbitration Commission. If the complaint is ineffective, you can first file a complaint with the labor and social security department (labor inspection brigade) and then apply to the labor dispute arbitration commission for labor arbitration.

[Legal basis].

Labor Law of the People's Republic of China Article 48 The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record. The wages paid by the employer to the employee shall not be lower than the local minimum wage.

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 worker 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 44 Under any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) if the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; (2) Where a worker is assigned to work on a rest day and no compensatory rest can be arranged, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

The first step is to collect relevant evidence that you have worked in the company, labor contracts, work documents, work photos, work records, etc., the more the better, the more beneficial it is for you, if you have not signed a labor contract, you can ask for compensation of double wages every month, if you have worked for one year, there is no more, and the law acknowledges that you have signed the contract. 2 The second step, first go to the labor supervision brigade or squadron to submit evidence, because the labor bureau will not accept it as soon as possible, to go to the labor supervision brigade to complain, let the labor supervision brigade mediate, it is not mandatory, can only go to the company to mediate, so that the company knows the severity of the arrears, if the mediation is successful, the salary can be recovered by Jane, if the mediation is unsuccessful, can only be carried out in the next step. 3. The third step, to the Labor Bureau, to apply for labor arbitration, first go to the Industrial and Commercial Bureau to print the company's information, to the Industrial and Commercial Bureau for sealing, and then copy the evidence in duplicate again, according to the requirements of the Labor Bureau, fill in the online ** application, and then fill in the relevant information, to the Labor Bureau for filing.

4. After the labor bureau files the case, it generally has to wait for about 20 days, and the labor bureau will conduct an investigation, which is mandatory, so it will conduct a series of audits, and then you can ask for a series of compensation, including double wages, social security and the like. 5. Wait until the end of the review by the Labor Bureau, if the salary has not been paid, it will be processed. 6. Legal knowledge is good for yourself, and I hope that everyone will work smoothly and get a salary normally.

Article 4 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes stipulates that in the event of a labor dispute, the employee may negotiate with the employer, or may ask the worker to negotiate quietly or a third party to negotiate with the employer and reach a settlement agreement. Article 5 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China 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.

Labor arbitration arrears of wages, the specific analysis is as follows:

1. If an employee applies for labor arbitration for the enterprise's wage arrears, the arbitral tribunal shall make an award within 45 days from the date on which the labor dispute arbitration committee accepts the arbitration application;

2. Where the case is complicated and needs to be extended, the extension period must not exceed 15 days;

3. If the arbitral award is not made within the time limit, the parties may file a lawsuit with the people's court on the labor dispute.

What to do if the company does not pay wages after arbitration.

If the company refuses to perform the obligation to pay wages in accordance with the effective award or mediation document after the labor dispute arbitration award or the mediation agreement of pre-arbitration mediation takes effect, the employee may apply to the people's court for compulsory enforcement.

The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances. People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform.

If an agreement is reached through mediation before the arbitral award, the arbitral tribunal shall prepare a mediation statement, which shall take legal effect after being signed and received by both parties.

The arbitral award in a labor dispute case in which the amount of recourse wages does not exceed the amount of the local monthly minimum wage standard for 12 months shall be final, and the award shall have legal effect from the date of issuance.

In other labor dispute cases involving wage arrears, if no lawsuit is filed with the people's court within 15 days from the date of receipt of the arbitral award, the award shall take legal effect.

[Legal basis].Article 43 of the Law on Mediation and Arbitration of Labor Disputes.

The arbitral tribunal shall decide on a labor dispute case within 45 days from the date on which the labor dispute arbitration commission accepts the arbitration application. If the case is complicated and requires an extension, it may be extended with the approval of the chairman of the labor dispute arbitration commission and the parties may be notified in writing, but the extension period shall not exceed 15 days. If the arbitral award is not made within the time limit, the parties may file a lawsuit with the people's court on the labor dispute.

When the arbitral tribunal decides a labor dispute case, a part of the facts is already clear and it may make a preliminary decision on that part.