What department should the company look for in arrears of 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. 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 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. Apply for labor arbitration directly to the local labor administrative department (no fee, no lawyer), and claim compensation from the unit through the award issued by the labor arbitration, and if you still do not pay compensation, you can apply to the court for enforcement.

4. While claiming wages in the above ways, you can also require 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 the employer is in arrears of wages, the employee can defend his or her rights in the following ways:

1. Workers can file complaints with the labor inspection in the local human resources and social security bureau;

2. You can apply for arbitration at the labor dispute arbitration committee in 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.

If it is for an individual, it is not considered an employment relationship. The parties can directly go to the court to sue the individual boss and demand payment of labor remuneration.

It's useless, no one cares about you, and the ones who are on the news are all individuals.

It is recommended to report and complain to the local labor inspection brigade to collect the arrears of wages.

Wage arrears can choose to protect their rights by filing labor arbitration.

Article 85 of the Labor Contract Law.

In any of the following circumstances, the labor administrative department shall order the employer 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) Failure 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) Pay wages to workers below the local minimum wage.

3) Arrange overtime without paying overtime pay.

4) Dissolving or terminating a labor contract and failing to pay economic compensation to the worker in accordance with this Regulation.

1. How long is it illegal to be in arrears of wages?

China's laws and regulations mainly make the following provisions:

China's Labor Law stipulates that "wages shall be paid to the workers themselves in the form of money on a monthly basis." The wages of the employee shall not be deducted or owed without reason", and "monthly payment" means that the wages shall be paid in the form of monthly wages and shall also be paid monthly, so the employer shall settle the wages within 30 days after the end of the natural month, and more than 30 days shall constitute wage arrears.

If the employer is unable to pay wages on time due to difficulties in production and operation and its capital turnover is affected, it may postpone the payment of wages to the employee within one month after consultation with the labor union of the unit. The time of deferred payment of wages shall be notified to all workers and reported to the competent department for the record, and if there is no competent department, it shall be reported to the city, district or county labor and social security administrative department for the record.

The Interim Provisions on Payment of Wages stipulate that "wages must be paid on the date agreed between the employer and the employee. In case of holidays or rest days, it should be paid in advance on the nearest working day. Wages are paid at least once a month, and wages can be paid on a weekly, daily, and hourly basis if the weekly, daily, and hourly wage system is implemented."

Generally, the specific date of payment is agreed by both parties, and there is no mandatory provision in the law. Then, as long as the employer pays once a month, it is legal, and there are no strict rules as for the current month or the previous month, so as long as your employer pays your salary on time, even if it is paid in the next month, it is in accordance with the law.

Legal Analysis: Failure to pay labor remuneration within the time limit is an illegal act. If the boss has been in arrears of wages, the employee can file a complaint with the local labor administrative department.

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract and the provisions of the state. If the employer fails to pay the remuneration of the labor contract within the time limit, the labor administrative department shall order the employer to pay the remuneration within the time limit, and if the employer fails to pay within the time limit, it shall pay the employee additional compensation according to the standard of more than 50% and less than 100% of the amount payable.

Legal analysis sail good to keep an eye on:

According to the regulations, the company needs to pay the wages of employees as agreed, and some companies deliberately delay wages for their own interests, and the arrears of wages seriously damage the legitimate rights and interests of employees. If the company owes a lot of wages and it is difficult for employees to rely on their own ability to protect their rights, then they should find the relevant departments to request processing. In practice, if the company is found to be in arrears of wages, employees can find the following departments to solve it:

1. Labor Inspection Brigade.

Regardless of whether the company's wage arrears constitute a crime, employees can first file a complaint with the labor inspection brigade of the labor administrative department.

After receiving a complaint, the Labor Inspection Brigade will issue a "Notice of Correction" to the person responsible for the refusal to pay wages, ordering the company to pay the employee's wages within a time limit.

2. Labor Arbitration Commission.

If the complaint is not resolved, the employee can apply to the local labor arbitration commission for arbitration, and needs to provide relevant evidence.

3. People's courts.

If the dispute is not resolved after labor arbitration, it is recommended that a lawsuit be filed in the court within 15 days from the date of the arbitral award. In addition, if you go to the court to file a lawsuit, you also need to provide corresponding evidence.

4. Public security organs.

After the labor inspection brigade, the labor arbitration commission, the people's court, etc. make a decision, if the person in charge of the company still refuses to pay the salary and does not give a reasonable explanation, he can choose to report to the police.

Legal basis: Interim Provisions on Payment of Wages

Article 18 The labor administrative departments at all levels shall 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 it to pay the wages and economic compensation of the worker, and may also order the employer to pay compensation: (1) deducting or delaying the wages of the worker without reason; (2) Refusal to pay wages for extended working hours; (3) Paying wages to workers lower than 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 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.