Private bosses are in arrears for more than a year

1. If the worker works for the employer, there are two ways to request payment of wages:

1. Workers can file complaints with the labor inspection in the local human resources and social security bureau; Pros: Simple way. Disadvantages: Enforcement may not be very strong in some areas;

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.

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.

2. 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.

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 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 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) Paying wages to workers at a rate lower than the local minimum wage standard;

3) arranging 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.

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.

Grasp the evidence and sue him in real name with the labor arbitration commission!

Legal analysis: It is recommended to settle the matter through negotiation, and if the negotiation fails, you can apply for labor arbitration, and the application for labor arbitration shall be applied to the labor arbitration commission in the place where the unit is registered. It is also possible to appoint a lawyer to arbitrate on your behalf.

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 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.

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.

If it is not during the existence of the labor relationship, the arrears of wages have exceeded the one-year arbitration statute of limitations, and it is recommended to negotiate a settlement. Article 27 of the Law on Mediation and Arbitration of Labor Disputes The limitation period for applying for arbitration in 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. Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended.

The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

Article 48 of the Labor Dispute Mediation and Arbitration Law provides that if a worker is dissatisfied with the arbitral award provided for in Article 47 of this Law, he may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. Article 50 Where a party is dissatisfied with an arbitral award in a labor dispute case other than that provided for in Article 47 of this Law, it may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award; Where no prosecution is made at the expiration of the time limit, the ruling takes legal effect.

Many workers, especially migrant workers, have been in arrears of wages. At this time, most workers choose to hold back their anger and let the employer infringe on their legitimate interests. So, in practice, how to deal with the private boss's failure to pay wages in arrears?

Below, lawyer Xi-Qing brings you a detailed answer to this question, hoping to help you in practical life.

1. How to deal with the private boss's arrears of wages

1. Ask the boss to write an IOU, indicating how long the salary has not been paid, and how much money is paid every day, so as not to have no voucher when asking for wages in the future.

2. Soft grinding and hard bubbles and the boss want, talk more small things, such as living without money, children need money to study, etc., to say pitiful, as long as the boss gives money.

3. If the boss owes a lot of wages, everyone should unite and go to the boss's office together, especially when the boss talks about business, because the boss can't lose face in front of customers, and will generally give money to settle things.

4. Take the method of stopping work to let the boss pay the arrears of wages, and the boss can't watch his company stop the production of limbs, so the problem of workers' wages must be solved.

5. Knowing that the boss lives in **, you can go to the boss's house to ask for it, and the boss is generally reluctant to let workers come to the house to ask for money, so this method is very effective.

6. Report to the labor inspection brigade, and it will generally be resolved.

7. Apply for arbitration at a labor arbitration institution.

8. If you are not satisfied with the arbitration result of the labor arbitration department, you can file a lawsuit in the court within 15 days.

2. Can the unit resign if it is in arrears of wages?

If the employer fails to pay labor remuneration or provide working conditions as agreed in the labor contract, the worker may terminate the labor contract at any time by notifying the employer, and Article 50 also stipulates that wages shall be paid to the worker in the form of money on a monthly basis. At the same time, the Interim Provisions on the Payment of Wages issued by the former Ministry of Labor stipulate that wages must be paid on the date agreed between the employer and the employee.

If the employer fails to pay labor remuneration in accordance with the labor contract, it includes not only the amount of wages agreed in the labor contract, but also the date of payment of wages as stipulated by law and the labor contract.

If the company does not pay the wages and remuneration of the workers in accordance with the provisions of the labor contract, it constitutes an infringement of the rights and interests of the employees to enjoy labor remuneration. In this case, the employee's request to terminate the employment contract is in accordance with the law. It is recommended that the employee apply for arbitration at the local labor arbitration department to protect his rights and interests.

To sum up, for the majority of workers, if they encounter wage arrears from their employers, they need to know how to deal with them at this time, otherwise they will cause greater damage to themselves. If you still don't understand anything or have other aspects of legal knowledge that you want to know, it is recommended that you log in to our **Lawyer** consultation, and they will answer your questions in detail.

Legal analysis: The employee can solve the problem of the boss's arrears of wages through litigation or arbitration. Arrears of wages are generally civil disputes that can be resolved through the Labor and Social Security Supervision Department or the courts.

Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the workers themselves in the form of money on a monthly basis, and the wages of the workers shall not be deducted or delayed without reason.

Article 47 of the Labor Contract Law of the People's Republic of China stipulates that economic compensation shall be paid to the worker according to the number of years of service in the employer, and one month's salary shall be paid to the employee for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period of time for which economic compensation is paid shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.