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If the company's arrears of wages have been made up later, even if you apply for arbitration after one year, there will be no result, after all, all wages have been settled.
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Hello, if the arrears of wages have been paid back to you. Then you will definitely not be able to apply for arbitration. Because it has fulfilled the corresponding obligations.
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If your company has made up for the arrears of wages a year ago, and if the two parties have signed a contract one year after the New Year, then you cannot apply for labor arbitration again, because all the wages have been paid to you.
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Since the company has paid you all the arrears of wages a year ago, then there is no need to apply for arbitration again, in fact, it also means that the company is required to return the arrears of wages to you, and now it has been paid off.
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If the company has defaulted on wages a year ago, you can also apply for arbitration after one year. All you have to do is take the employment contract and sue him.
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If the company recommended the company a year ago, and he has already made up for you, then it will be more difficult for you to apply for arbitration, because he has already compensated you for your losses, so you can only claim compensation for the losses of the 5 certificates.
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If it has been completed, it cannot be applied.
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The company's arrears of wages a year ago have been made up, so don't complain anymore.
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This situation should be more complicated, and it is recommended that you consult directly with your local labor office.
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If the salary has already been paid, then there is no need to apply for arbitration.
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I don't understand what you mean, even so, the company has made up for it, what are the facts and use of your labor arbitration?
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If it's all made up, it can't be pursued anymore, after all, the salary is in hand.
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100 million yuan, it's not good to be in arrears of wages, and finally make up the money, can I apply for arbitration after a year? This must be no need to register, just make up for all the work she has already returned to you, why do you still want to go to arbitration?
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It has been completed, and the violation has been eliminated.
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Why should the company apply for labor arbitration after the company has already paid the arrears of wages?
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The arrears of wages have already been made up and cannot be applied for arbitration.
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Your question is that if the company has paid back wages after a year of arrears, can it apply for labor arbitration after one year? Since people have formed a group, they cannot apply for labor arbitration.
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The salary has already been made up for you, so what else is there to apply for arbitration? Don't know what your purpose is.
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Legal analysis: If the employer is in arrears of wages for 2 years and resigns within one year, it can apply for labor arbitration. It is not possible to apply for labor arbitration for more than 1 year. If there is an IOU, if you have left the company for more than 1 year but less than 2 years, you can directly sue the court to demand payment of the wages in the IOU.
Legal basis: 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 or 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.
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If the employer defaults on the employee's salary without reason, the employee may apply for labor arbitration and require 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
2 copies of the application for arbitration and 1 copy of the applicant's ID card; 2 copies of relevant evidence and a list of evidence; The employer's business registration information. 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 stipulates that wages shall be paid to the worker himself 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 stipulates that labor administrative departments at all levels have the right 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 sedan car seller, and may also order the employer to pay compensation:
1) Deducting or delaying the wages of workers without reason; (2) Refusal to pay wages for extended working hours; (3) Paying wages to workers below the local minimum wage standard. The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
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 the employee 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.
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Legal analysis: Not necessarily, if a dispute arises due to arrears of labor remuneration during the existence of the labor relationship for more than one year, the employee's application for arbitration is not subject to the limitation period of arbitration stipulated in the first paragraph of this article, and he may apply for labor arbitration, otherwise he cannot apply for labor arbitration beyond the limitation period of labor arbitration.
Legal basis: Article 48 of the Labor Law of the People's Republic of China 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 cannot be arranged for compensatory leave, 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.
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