How to complain about the company s wage arrears in the field

I have been working in the field for 5 months, I have not been paid until I quit last year's New Year, I am in arrears for three months, and I have been in contact with the manager over there, saying that the payment has not been paid until now, how can I get my salary back? Now people are local, not out of town.

Wage arrears are a violation of the law, and people who seek wages in other places can be dealt with as follows.

1. Communicate with the company's human resources administration to understand the reasons for wage arrears. If possible, the personnel administration will be required to submit a written payment method for the arrears of wages. Stamp. Send it to me.

2. If the communication is smooth, the salary can be recovered, and if it is not smooth, the company will be found to maliciously owe wages. Just do a further bargain.

3. Check the labor bureau where the company is located. Consult the Labor Bureau on how to recover the arrears of wages.

5. Keep the main evidence, such as when you start to owe wages and how much you owe. It is possible to print the statement of the bank payroll card, or the month of the payslip. There are also signed labor contracts, etc.

Wage arrears are also for a reason, good communication, good negotiation is the key to solve the problem, don't be rash, become a vindictive enemy.

Legal analysis: complain to the labor bureau, or directly file labor arbitration with the labor arbitration commission where the unit is located. If the amount of arrears of wages is relatively large, you can directly ask a lawyer to file a lawsuit and recover the arrears of wages through litigation.

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 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.

Go to the Labor Bureau to file a complaint with the Labor Inspectorate.

Any organization or individual has the right to report violations of labor security laws to the administrative department of human resources and social security; Workers have the right to lodge a complaint with the administrative department of human resources and social security against the employer's violation of labor security laws and infringement of their legitimate rights and interests. The scope of the complaint includes:

1. The employer fails to formulate rules and regulations that directly affect the vital interests of the employee.

2. The employer has not established an employment management account.

3. The employer and the employee have not signed a labor contract, agreed on a probationary period and other necessary terms, failed to deliver the text of the labor contract, and failed to issue a certificate of dissolution or termination of the labor relationship.

4. The employer fails to implement the minimum wage standard, fails to pay the employee's wages, economic compensation and compensation.

5. The employer fails to comply with the relevant regulations on employment registration and filing, as well as the regulations on the employment of Taiwanese, Hong Kong and Macao personnel in the Mainland and the employment of foreigners in China.

6. The employer fails to comply with the special labor protection regulations for female employees and juvenile workers and the regulations on not prohibiting the use of child labor.

7. The employer fails to comply with the regulations on working hours, rest and vacation.

8. Failure of labor dispatch units and employers to comply with the relevant provisions of labor dispatch.

9. Vocational intermediary institutions, vocational skills training institutions and vocational skills assessment and appraisal institutions fail to comply with the relevant provisions on employment introduction, vocational skills training and vocational skills assessment and appraisal.

10. Medical institutions, drug business units and other social insurance service institutions fail to comply with the relevant provisions of social insurance.

11. The internship and trainee unit fails to comply with the laws and regulations on labor security for student internships and trainees.

12. As well as other labor security supervision and inspection matters stipulated by laws, regulations and rules.

Legal analysis: If the employer fails to pay wages in arrears, the employee can file a complaint with the inspection brigade of the local labor bureau. If the complaint is ineffective, it can apply for labor arbitration, and if it is not satisfied with the award, Zhongshiyuan can file a lawsuit with the local people's court and apply for a payment order.

Legal basis: Article 47 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration Except as otherwise provided in this Law, the arbitral award shall be final and effective from the date of issuance

1) Disputes over the recovery of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, which does not exceed the amount of the local monthly minimum wage standard for 12 months;

2) Disputes arising from the implementation of national labor standards in terms of working hours, rest and vacation, social insurance, etc.

Article 10 of the Regulations on Labor Security Supervision The labor and social security administrative departments shall carry out labor security inspections and perform the following duties:

1) Publicize labor security laws, regulations, and rules, and urge employers to implement them;

2) To inspect the employer's compliance with labor security laws, regulations and rules;

3) To accept reports and complaints about violations of labor security laws, regulations or rules;

4) Correct the sale of landslides in accordance with the law and investigate and deal with violations of labor security laws, regulations or rules.

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 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.

In the event that the employer is in arrears of wages, the employee should first negotiate with the employer, and if the negotiation cannot be resolved, the employee can resolve the matter through the following legal channels:

1) Complain and report to the local labor and social security inspection agency. Complaints from the local labor and social security inspection agency can be called the national unified labor and social security consultation**12333 (some areas can be queried through 114 if they are not opened, and some areas need to be dialed through the fixed **). Complaints from provincial labor and social security inspectorates** can be found in the "Sunshine Recommendation" of this late sales space.

2) To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application should be submitted to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute;

3) Resolve through litigation. This is divided into three situations: first, for labor dispute cases, if any party is dissatisfied after labor arbitration, it can file a lawsuit with the court; Second, if the employer does not enforce the labor arbitration award after the labor arbitration award takes effect, the employee may apply to the court for compulsory enforcement; Third, those who belong to the category of labor arrears can directly file a civil lawsuit with the court.

It should be particularly pointed out that when encountering a situation where rights and interests such as wage arrears are infringed, we must not resort to radical acts such as climbing buildings and blocking roads, and we must rely on legal means to solve the problem. Otherwise, impulsiveness will not only be useless, but may also be held accountable for violating the criminal law. The above is the method of "how to complain about the company's wage arrears", I hope it can help you.

The unit laughs at the fact that it does not pay wages and cannot complain in other places. You can only complain at the place where the labor contract is located, or at the labor department where the employer is located. The law stipulates that wages shall be paid to the worker in monetary form on a monthly basis.

Wages shall not be deducted or unjustifiably delayed. Article 91 of the Labor Law stipulates that if an employer infringes upon the legitimate rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation: 1) deducting or defaulting on the employee's wages without reason; (2) Refusal to pay wages and remuneration for extended working hours; (3) Paying wages to workers at a rate lower than the local minimum wage standard; (4) Failing to give economic compensation to the workers on the basis of rolling after the termination of the labor probation contract in accordance with the provisions of this law.

1. If I am no longer in the local area, how can I complain about the company's arrears of wages in other places?

If the company is in arrears of wages in other places, the employee shall apply for labor arbitration in the place where the company is registered or where the labor contract is signed, and demand the return of wages. Employees should bring evidence of the company's wage arrears, which is illegal, and the court will order the company to pay wages and give the employee certain financial compensation.

No matter where you work, as long as it involves wage arrears, you can first negotiate and settle it, and then you can apply for labor arbitration at the local labor arbitration commission and report it to the local labor inspection brigade. You can also go to the local labor administration to file a complaint. Except in the event of force majeure such as disasters and wars, employers shall not postpone the payment of workers' wages; In the case of production and operation difficulties, the employer shall tell the workers of the unit about the situation, and after reaching an agreement with the labor union or employee representatives, it may postpone the payment of T wages, but the maximum shall not exceed 30.

If the employer is in arrears of wages, it can first reach an agreement with the employer, and if the negotiation fails, the employer may go through the following legal procedures:

1) Complain and report to the local labor and social security inspection agency.

2. To apply for arbitration to the local labor dispute arbitration commission, it should be noted that a written application should be submitted to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute;

3) Resolve through litigation. This is divided into three cases:

1) For labor dispute cases, if any party is dissatisfied after labor arbitration, it may file a lawsuit with the court;

2) After arbitration, if the employer does not enforce the labor arbitration award, the migrant worker may apply to the court for compulsory enforcement;

3) Those who belong to the category of labor arrears can directly file a civil lawsuit with the court.

2. What is the compensation standard for employees in arrears of wages?

1. If the employer deducts or arrears the wages of the employee without reason, in addition to paying the employee's wages and remuneration in full within the specified time, it shall also pay an additional economic compensation equivalent to 25% of the wages and remuneration.

2. In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation for the termination or termination of the labor contract within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay more than 50% of the amount payable. 100% or less of the standard to pay additional compensation to the employee:

1) Failure to pay labor remuneration to the employee in accordance with the provisions of the labor contract or in accordance with the regulations;

2) T wages are paid to workers below the local minimum wage standard;

3) arranging overtime without paying overtime pay;

The company can apply to the relevant department for arbitration or file a lawsuit with the court, and it should be noted that the application for arbitration should be filed with the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute, and the civil lawsuit can be directly filed with the court if it belongs to the labor arrears.