Is it illegal for an individual to detain his private car if he is not paid in arrears of wages?

Breaking the law, you are not an administrative law enforcement agency and do not have the right to seize other people's property.

You should apply for a payment order or file a lawsuit after obtaining evidence of arrears, and then the people's court will enforce it.

First of all, if you detain his private car because he is in arrears of wages, you are acting illegally. If the other party owes money and does not pay it back, you can sue him. If he doesn't have the money to pay it back, he needs to be enforced by the court, pay off the debt with the car, or auction his car to give you the money.

It's not you personally going to impound his car. Violence cannot be countered with violence.

Legal analysis: If you don't pay wages, you can't detain the car, the property right of the vehicle belongs to the other party, and the seizure of the car belongs to the embezzlement of the other party's assets, which is an illegal act. Wage arrears can be reported to the labour inspectorate and required to pay wages, and if wages are still refused, they can file a lawsuit with the court, which will then enforce the payment of the wages due.

Legal basis: "Interim Regulations on Payment of Wages" Article 9 When both parties to a labor contract dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in one lump sum when the labor contract is dissolved or terminated.

The boss owes wages, and it is illegal for the party to seize the boss's car. Because there are relevant laws and regulations, if the debtor fails to repay the debt, the lead file creditor has no right to detain the debtor's vehicle without permission, if the debtor's vehicle is detained without permission, it is an illegal act, and the creditor should apply for property preservation and the court will detain the vehicle.

The boss owes wages, and the solution is as follows:

1. Negotiate and negotiate with the company;

2. Workers can file a complaint with the local labor bureau for labor inspection, first report to the local labor department, and then present relevant evidence of the employer's infringement and submit the complaint document to the labor department. The scope of acceptance is that all enterprises, institutions or other employers under the jurisdiction of the district that violate labor security laws and regulations are within the scope of acceptance of reports and complaints;

3. You can go to the local labor bureau, that is, the labor dispute arbitration committee of the human resources and social security bureau, to apply for arbitration and ask for 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.

Legal basisArticle 447 of the Civil Code of the People's Republic of China.

If the debtor fails to perform the debts due, the creditor may retain the debtor's movable property that is already in legal possession and has the right to be repaid in priority for the movable property.

The creditor provided for in the preceding paragraph is the lienholder, and the movable property in possession is the property in lien.

Article 91 of the Labor Law of the People's Republic of China.

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 the employee to pay wages and remuneration and economic compensation, and may order the payment of compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages and remuneration for extended working hours;

3) Paying wages to workers lower than the local minimum wage standard;

4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

1. Can the boss deduct the boss's car if he owes his wages?

1. The boss is in arrears of wages and does not give the car that cannot be deducted from the boss. The property right of the vehicle belongs to the other party, and the seizure of the car is an illegal act of embezzlement of the other party's assets. If the wages are still refused, they can file a lawsuit with the court, and the court will enforce the payment of the wages they are entitled to.

2. Legal basis: Article 270 of the Criminal Law of the People's Republic of China.

Whoever illegally takes possession of another person's property in custody as his own, and the amount is relatively large, and refuses to return it, is to be sentenced to up to two years imprisonment, short-term detention, or a fine; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given.

Where the forgotten or buried items of others are illegally taken into their own possession, and the amount is relatively large, and they refuse to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph.

This crime shall be dealt with only if it is told.

2. What are the constitutive elements of the crime of misappropriation?

1. The object of infringement is the ownership of other people's property;

2. Objectively, it is manifested as the act of illegally taking possession of other people's property, bezoars, or buried items that have been handed over to oneself for safekeeping, and the amount is relatively large, and refusing to return them;

3. The subject of the crime is a general subject;

4. The subjective aspect is manifested as direct intent and has the purpose of illegally taking possession of other people's property.

Legal analysis: It is illegal for the boss not to pay wages and deduct the car. According to the regulations, an employer shall not delay or deduct the wages of an employee without reason.

However, it is recommended that the potato do not detain the boss's car, such behavior is illegal and may cause unnecessary trouble, and it is recommended to protect your rights and interests in accordance with the legal process.

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China 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.

Legal Analysis: Illegal.

1. According to the regulations, the employer shall not delay or deduct the wages of the elderly without reason.

2. If the boss does not pay wages, it is recommended to try to negotiate and communicate with the other party first, and if the negotiation fails, you can complain to the local labor inspection brigade or apply directly to the local labor arbitration commission for arbitration (bring the labor contract or salary slip, work card, colleague testimony, communication recording, etc.).

3. It is recommended not to detain the car, such behavior is illegal and may cause unnecessary trouble, it is recommended to protect your rights and interests in accordance with the above process.

Legal basis: 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 nomadic 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.