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Anonymous users2024-02-09It is recommended to report and complain to the local labor inspection brigade with jurisdiction to collect the arrears of wages. Ask for a solution. The Labour Inspection Brigade is the specialized body that deals with such disputes.
When filing a case, you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card; After submitting the materials for the industrial and commercial registration information of the employer, 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;
During the application for labor arbitration, the employee shall not be delayed to work in the new unit.
The Labor Code stipulates that wages are paid on a monthly basis. If the company is in arrears, the worker can file a complaint with the labor inspection brigade, which will order the employer to pay the wages within a time limit, and Article 50 of the Labor Law stipulates that wages shall be paid to the worker in the form of money on a monthly basis.
Wages shall not be deducted or unjustifiably delayed. Failure to pay the labor remuneration of the employee 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 payment of 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.
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Anonymous users2024-02-08Disputes arising from the payment of wages are labor disputes. The worker may apply to the Labor Dispute Arbitration Commission for labor arbitration. When applying for labor arbitration, a written application for arbitration (2 copies) shall be submitted; List of evidence and corresponding evidence materials (2 copies), the main evidence materials are labor contracts, salary bank statements; Copy of ID card (1 copy).
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 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.;
6) Other labor disputes as stipulated by laws and regulations.
Article 4 In the event of a labor dispute, the worker may negotiate with the employer, or may ask the trade union or a third party to negotiate with the employer and reach a settlement agreement.
Article 5 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.
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Anonymous users2024-02-07Hello, negotiate to deal with this problem, and if you have confidence in him, agree to his plan, which is better than nothing. If there is no trust, they can apply for labor arbitration in accordance with the law to protect their legitimate rights and interests.
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