What to do if the private company owes wages, and what to do if the private company owes wages

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.

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; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;

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. 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.

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

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 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 the boss of a private enterprise owes wages, the employee can file a complaint with the labor and social security administrative department. If the employer fails to pay the wages of the employee on time or in insufficient amount, the worker can resolve the matter through the labor security supervision department or the court, so as to protect his or her legitimate rights and interests.

[Legal basis].Article 26 of the Regulations on the Supervision of Labor and Social Security in the Sail Section.

If an employer commits any of the following acts, the labor and social security administrative department shall order the employer to pay the employee's wages and remuneration within a specified period of time, the difference between the employee's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract; 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 1 time of the amount payable

1) Deducting or defaulting on the wages and remuneration of workers without reason;

2) The wages paid to the laborer Li Xiao are lower than the local minimum wage standard;

3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.

If the employer owes wages, you can file a complaint with the security supervision brigade of the labor department, or you can directly apply for labor arbitration. 1. If the employer deducts or defaults on the employee's wages without reason, or refuses to pay the employee the wages and remuneration for the extended working hours, the employee may notify the employer at any time to terminate the labor contract and request the employer to compensate. In addition to paying the employee's wages and remuneration in full within the prescribed time, the employer shall also pay an additional severance equivalent to 25% of the wages and remuneration.

2. If the employer is in arrears of wages without reason, the worker may report it to the labor administrative department, which shall bear the corresponding administrative responsibility, and the labor administrative department shall order the employer to pay the wages and remuneration and economic compensation of the worker, and may order the employee to pay compensation equal to one to five times the sum of the wages and remuneration and economic compensation paid to the worker.

[Legal basis].

Article 91 of the Labor Law of the People's Republic of China stipulates that if 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 delaying the worker's wages without reason; (2) Refusal to pay remuneration to workers for extended working hours; (3) Paying wages to workers who have been mobilized at a lower rate 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.

Legal Analysis: If a private enterprise fails to pay wages, it can file a complaint with the labor department before it goes bankrupt, and the labor administrative department will add the arrears of wages; It is also possible to 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; If the enterprise goes bankrupt, the bankruptcy estate has the priority right to be repaid for the wages of the employees after paying off the bankruptcy expenses and common debts.

Legal basis: The 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 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.

1. ** Complain to the local labor law enforcement inspection brigade, they will supervise and inspect the employer in accordance with the labor security supervision regulations in accordance with the law, and order it to pay the arrears of wages. 2. According to 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 Law Xianzhou 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.

The main body of the employer in arrears of wages is not only private enterprises, but also some state agencies that are in arrears of wages to workers. So if they are owed wages by a private company, how should workers recover them? How to solve the arrears of wages in private enterprises has become a problem that many workers are more concerned about, so let's take a look at the relevant content.

1. Negotiate with the unit

If you are owed wages, we recommend that you first negotiate with your employer. However, the negotiation of such disputes is the most taboo and the reckless noise, which is often counterproductive. Therefore, we suggest that we should understand the relevant laws and regulations before negotiating with the unit, and make full theoretical preparations, so that the success rate of the negotiation will be relatively improved.

2. Seek remedies for rights from the labor administrative department

According to Article 85 of the Labor Contract Law, if an employer fails to pay the employee's remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state, the labor administrative department shall order the employee to pay the remuneration within a time limit, and if the employer fails to pay within the time limit, the employer shall pay the employee additional compensation at the rate of 50% to 100% of the amount payable. Therefore, when the employer owes wages, it is undoubtedly an effective way to seek rights relief from the labor department.

3. Terminate the contract and obtain economic compensation

In addition to seeking relief from the relevant authorities, the employee can also choose to terminate the labor contract on his own initiative, because according to Article 38 of the Labor Contract Law, if the employer "fails to pay the labor remuneration in full and in a timely manner", the employee can terminate the labor contract at any time, and in this case, the employer is also required to pay economic compensation to the employee in accordance with the statutory standards with reference to Article 46. If the employer does not agree, it can also seek help from the labor dispute arbitration commission and the people's court.

In addition, Article 30 of the Labor Contract Law also stipulates that "if an employer is in arrears or fails to pay 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." ”

In practice, no matter what the reason for the employer to owe wages to the employee is illegal, at this time, the worker can negotiate with the unit or complain to the labor inspection department to protect their rights and interests, if it cannot be resolved, they can apply for labor arbitration or file a labor lawsuit to defend their interests with the law. For more knowledge about wage arrears, you are welcome to consult and understand.

What should I do if my boss owes my wages? You can go to the labor office to file a complaint.

Hello, as long as you can prove your labor relationship with the factory, you can go to the labor department to apply for labor arbitration.

Hello! In the event of a labor dispute that cannot be resolved through negotiation, a complaint may be filed with the labor inspection department or an application for labor arbitration.

The simplest 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 law and order it to pay the arrears of wages.

The most effective way is to apply for labor arbitration directly to the local labor administrative department (no fees, no lawyers), and through the award issued by the labor arbitration, ask the employer for wages, and if it is not paid, you can apply to the court for enforcement.

The key is to have evidence of an employment relationship with the employer. Whether there is any arrears of wages can be proved by the employer using the principle of "reversal of the burden of proof", and if the employer cannot prove it, it will bear adverse consequences.