Wage arrears in August wages arrears for 3 months now, how long is the arrears of wages complaint va

Definition of Wage Arrears: Article 4 of the Supplementary Provisions on Issues Concerning the Interim Provisions on the Payment of Wages issued by the Ministry of Labor (No. 1995 226) stipulates that the "unjustified arrears" mentioned in Article 10 of the Provisions (No. 1994 489) refer to the failure of the employer to pay the wages of the employee beyond the prescribed salary payment time without justifiable reasons. Excludes:

1) The employer is unable to pay wages on time due to natural disasters, wars, or other reasons beyond human resistance;

2) If an employer is truly affected by production difficulties and capital turnover, it may, with the consent of the labor union of the unit, temporarily postpone the payment of workers' wages, and the maximum limit of the extension period may be determined by the labor administrative department of the province, autonomous region or municipality directly under the Central Government in accordance with the local situation. In all other cases, wage arrears are unjustified.

Article 85 of the Labor Contract Law stipulates that 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, the employer shall be ordered to pay additional compensation to the employee at the rate of 50% to 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) 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.

What does a complaint mean? Do I apply for arbitration in labor arbitration? 1 year from the time of arrears of wages.

Article 135 of the General Principles of the Civil Law provides that the statute of limitations for requesting protection of civil rights from a people's court is two years, unless otherwise provided by law.

As long as the salary is not paid on the agreed date, you can file a complaint.

Legal analysis: You can file a complaint with the labor inspection brigade or apply to the labor dispute arbitration commission for labor arbitration. Clause.

1. According to Article 7 of the Provisional Provisions on Payment of Wages, wages must be paid on the date agreed between the employer and the worker. Clause.

2. Article 18 of the Interim Provisions on Payment of Wages stipulates that labor administrative departments at all levels have the right to supervise the payment of wages by employers.

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.

The law does not specify how much unpaid wages can be sued, only the time that can be sued. According to the Interim Provisions on Payment of Wages, "wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day.

Wages are paid at least once a month, and weekly, daily, and hourly wages may be paid on a weekly, daily, or hourly basis." Article 40 If an employer is in arrears or deducts a worker's wages for more than two consecutive months, or the circumstances are particularly serious, the labor and social security department shall order the employer to make corrections and make an administrative decision. If an employer refuses to implement an administrative decision within the prescribed time limit, the labor and social security department may apply to the people's court for compulsory enforcement in accordance with law.

In any of the following circumstances, the labor and social security department at or above the county level shall order the employer to make corrections within a specified period of time. If the correction is not made within the time limit, the employer may be fined not less than 5,000 yuan but not more than 10,000 yuan, and its legal representative may be fined not less than 1,000 yuan but not more than 5,000 yuan.

Article 17 of the Regulations on the Supervision of Labor and Social Security: The investigation of violations of labor security laws, regulations or rules by the administrative department for labor security shall be completed within 60 working days from the date on which the case is filed; If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.

According to Article 19 of the Interim Provisions on Payment of Wages, if a labor dispute arises between an employee and an employer over the payment of wages, the parties concerned may apply to the arbitration authority for arbitration in accordance with the law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court. Article 18 The labor administrative departments at all levels have the right to supervise the payment of wages by employers.

If an employer infringes upon the lawful rights and interests of a worker in any of the following acts, 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) deducting or arrears of wages for the worker without reason, (2) refusing to pay the worker wages for extended working hours, and (3) paying the wages of the worker below the local minimum wage standard. The standard of economic compensation and compensation shall be implemented in accordance with the relevant provisions of the state.

The law does not have an explicit provision on how long you can go to the labor bureau to sue the boss for arrears of wages, so no matter how long you have been in arrears of wages without reason, you can file a complaint with the labor bureau, but in practice, it is easier to accept a complaint if you are in arrears of wages for more than one month.

Within 60 days. It takes 7 business days for 12345 to process unpaid wages. 12345 is only a record of governance, and the record will be handed over to the responsible department for processing, and if the wages are in arrears, you can go directly to the labor bureau to inquire.

All organizations and individuals have the right to report to the administrative department of human resources and social security any violation of the Labor and Social Security Law. Employees have the right to complain to the administrative department of human resources and social security about the employer's violation of the Labor Security Law and infringement of legitimate rights and interests.

The investigation of violations of labor security laws, regulations or rules by the administrative department for labor and social security shall be completed within 60 working days from the date on which the case is filed, and in cases of complicated cases, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor security.

Legal basis: Regulations of the People's Republic of China on the Supervision of Labor and Social Security Article 17 The investigation of violations of labor security laws, regulations or rules by the administrative department for labor security shall be completed within 60 working days from the date on which the case is filed, and if the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor security.

Labor Dispute Mediation and Arbitration Law of the People's Republic of China Article 9 In the case of labor inspection, if an employer violates the provisions of the State by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with law.