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First of all, you can negotiate with the company to solve the problem. If not, you can apply for arbitration at the local labor arbitration commission, and apply to the people's court for enforcement after obtaining the arbitration letter.
Note: At present, both the application for arbitration and the application for enforcement are charged by the ministry. It can protect your legitimate rights and interests to the greatest extent.
In filing an application with the Arbitration Commission, it was proposed that the company be required to pay back the arrears of wages and pay excess compensation (one quarter of one month's salary). If the company asks you to go home without a valid reason, you will also be asked for financial compensation (two months' wages for one year or less than one year if you have worked there).
I wish you all the best in getting your wages back soon!
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If the employer fails to pay wages on the date agreed with the employee, and the wage payment date is extended, the employee may file a complaint with the local labor inspectorate.
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.
The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
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The handling of wage arrears in private enterprises is as follows:
1. Report to the labor administrative department;
2. Apply for arbitration to the Labor Arbitration Commission;
3. If you are not satisfied with the arbitration result, you should file a lawsuit in the court within 15 days after getting the arbitration letter.
How long is it illegal to be in arrears of wages.
How long is it illegal to be in arrears of wages, and there are three situations:
1. There is no unified standard in the country, and it is generally about 30 days in judicial practice;
2. The regulations of various provinces and cities are different, some are 7 days, some are 15 days, and 30 days are considered illegal;
3. If there is no justifiable reason for arrears, it will be illegal to exceed the time agreed in the contract by 1 day.
If an employer is indeed affected by difficulties in production and operation and capital turnover, it may, with the consent of the labor union of the unit, temporarily postpone the payment of wages to its employees, and the maximum limit of the extension period may be determined by the labor administrative departments of each province, autonomous region or municipality directly under the Central Government in accordance with local conditions.
[Legal basis].Article 7 of 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 wages can be paid on a weekly, daily, and hourly basis if the weekly, daily, and hourly wage celebration system is implemented.
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In the case of arrears of wages by the employer, the employee shall first negotiate with the employer, and if the negotiation cannot be resolved, the employee can resolve the matter through the following legal means:
1) Complain and report to the local labor and social security inspection agency;
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 one year 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.
Among the above methods, it is most effective to complain and report to the local labor protection and disability supervision agency.
Legal basis: Article 9 of the Labor Dispute Mediation and Arbitration Law If an employer violates state regulations 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 the law.
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.
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 administration 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) 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 at a rate lower than the local minimum wage.
4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.
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1. Report to the labor administrative department (usually the labor management inspection brigade). 2. You can also apply for arbitration (the arbitration fee is 200-300 yuan, and if you win, all will be borne by the company). 3. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration document.
4. According to the provisions of the state, in the event of arbitration or litigation, you may request that the wages and remuneration of the employee be paid in addition to the overall amount of wages and remuneration within the specified time, and an additional economic compensation equivalent to 25% of the wages and remuneration.
Article 85 of the Labor Contract Law of the People's Republic of China?
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 employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of not less than 50% but not more than 100% of the amount payable: (1) Failing to pay the labor remuneration of the employee 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 lower than the local minimum wage standard; (3) Arrange 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.
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If the boss of a private enterprise owes wages, the employee can file a complaint with the labor and social security administrative department. If the employer fails to pay the wages of the employee on time or in insufficient amount, the worker can resolve the matter through the labor security supervision department or the court, so as to protect his or her legitimate rights and interests.
[Legal basis].Article 26 of the Regulations on the Supervision of Labor and Social Security in the Sail Section.
If an employer commits any of the following acts, the labor and social security administrative department shall order the employer to pay the employee's wages and remuneration within a specified period of time, the difference between the employee's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract; If the payment is not made within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of between 50% and 1 time of the amount payable
1) Deducting or defaulting on the wages and remuneration of workers without reason;
2) The wages paid to the laborer Li Xiao are lower than the local minimum wage standard;
3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.
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The Labour Inspection Brigade of the Social Security Bureau is in charge of this matter.
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