What should I do if the company has been in arrears of performance commissions?

The best thing to do is to resign.

Legal analysis: the employer cannot default on the employee's commission. With regard to the allocation of the burden of proof in commission disputes, firstly, if the employer refuses to pay the commission because it denies the existence of an agreement or commission regulations with the employee, whether there is an agreement or commission regulations between the two parties becomes a key issue.

However, the employee's claim for payment of the commission implies the factual claim that there is an agreement between the two parties on the commission. According to the principle of "whoever asserts the claim shall bear the burden of proof", the burden of proof shall be borne by the employee as to whether there is an agreement on the commission payment or the commission regulations. If the employee cannot prove that there is an agreement between the employee and the employer on the commission, there is no question of the amount of the commission to be paid by the employer.

It depends on the specific facts and evidence. The key depends on how the employment contract is signed and how it is agreed. The employer shall not default on the employee's wages and commissions without reason.

In the event of a dispute, you can apply for labor arbitration.

Legal basis: Labor Law of the People's Republic of China

Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Article 91 Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order it to pay the worker's wages and remuneration and economic compensation, and may also 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.

If the company owes the commission, the employee can report to the labor inspection department. The administrative department will order the employer to make corrections. According to the relevant laws and regulations, the employer shall not deduct the employee's wages and shall pay the wages in monetary form on time.

The relevant legal basis for the association of this hand].

Article 50 of the Labour Code.

Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

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 employee fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 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.

Legal analysis: Workers can negotiate with the company to deal with it, and if the negotiation fails, they can apply for arbitration in accordance with the law, or file a lawsuit with the people's court to protect their legitimate rights and interests. If the legitimate rights and interests of the worker are infringed, he or she has the right to request the relevant department to deal with it in accordance with the law, or to apply for arbitration or file a lawsuit in accordance with the law.

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

Article 62 Employing units shall perform the following obligations:

1) Implement national labor standards and provide corresponding labor conditions and labor protection;

2) Inform the dispatched worker of the work requirements and remuneration;

3) Pay overtime pay and performance bonuses, and provide job-related benefits;

4) Conduct the necessary training for the dispatched workers on the job;

5) In the case of continuous employment, the normal wage adjustment mechanism shall be implemented.

The employer shall not re-dispatch the dispatched worker to another employer.

Article 77 Where the lawful rights and interests of a worker are infringed upon, he or she has the right to request the relevant departments to handle the matter in accordance with law, or to apply for arbitration or file a lawsuit in accordance with law.

If the company defaults on the sales commission, it may report the illegal acts of the employer to the labor inspection department. If the employer still fails to pay, it shall compensate the employee for between 50% and 100%.

Article 91 of the Labor Law Where an employer infringes upon the lawful rights and interests of a worker under any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and economic compensation, and may also order the payment of compensation: (1) Deducting or defaulting on the wages of the worker 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.

Legal analysis: The commission agreed by both parties belongs to the ancillary part of salary income, which should be reasonable income, and can be directly sued by the people.

Legal basis: Labor Law of the People's Republic of China

Article 48 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.

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 worker 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.