Does the company have any responsibility for the company s arrears of wages?

In this case, you can directly apply for labor arbitration and claim the payment of the original wages, and since the wages are not actively paid, you should be compensated separately in accordance with the regulations of the Ministry of Labor.

The above comments are for reference only.

The following wage reductions are not "deductions":

1) There are clear provisions in national laws and regulations (such as child support, alimony, etc., required to be withheld in court judgments or rulings);

2) There are clear provisions in the labor contract signed in accordance with the law (such as the individual income tax withheld and paid by the employer and various social insurance premiums that should be paid by the employee, etc.);

3) There are clear provisions in the factory rules and disciplines formulated by the employer in accordance with the law and approved by the workers' congress;

4) The total wages of an enterprise are linked to economic benefits, and when the economic benefits fall, the wages must be lowered accordingly, but the wages paid to workers shall not be lower than the local minimum wage standard;

5) Corresponding reduction in wages due to personal leave, etc. "Arrears" refers to the employer's failure to pay wages to employees beyond the prescribed wage payment time without justifiable reasons.

The following are not "wage arrears":

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

2) If an employer has difficulties in production and operation and has been affected by its capital turnover, it may, with the consent of the trade union of the unit, temporarily postpone the payment of wages to its employees, and the maximum limit on the extension period may be determined by the labor and social security administrative departments of each province, autonomous region or municipality directly under the Central Government in accordance with the local situation. In all other cases, wage arrears are unjustified.

Legal liability for withholding and non-payment of wages.

If an employer deducts or defaults on the wages of an employee without reason, the labor and social security supervision department may order the employer to pay the wages and remuneration payable to the employee and compensation equal to 1 to 5 times. If a labor dispute arises as a result and the parties file a complaint with the labor dispute arbitration commission, the arbitration commission may require the employer to pay the wages and remuneration payable by the employee and 25% of the economic compensation.

Legal analysis: shareholders are only liable to the company to the extent of their capital contributions, but are not directly responsible to the company's creditors, that is, the shareholders of a limited liability company only bear limited liability to the company; A limited liability company is liable for the debts of the company with all of its assets. When a company's debts exceed its entire assets, it is limited to the company's assets.

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.

Bear civil liability and administrative liability, and where the circumstances are serious, pursue criminal responsibility.

1. If the employer fails to pay the labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state, the labor administrative department shall order the employer to pay the labor remuneration, overtime pay or economic compensation within a time limit, and if the employer fails to pay the compensation 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.

If the employer pays the employee's wages below the local minimum wage standard, it shall pay the difference, and if the employer fails to pay the wages within the time limit, the employer shall be ordered to pay the employee additional compensation at the rate of 50% to 100% of the amount payable.

2. Where the payment of labor remuneration is evaded by means such as transferring property or escaping, or where there is the ability to pay but not paying labor remuneration, and the amount is relatively large, and the payment is still not made after being ordered to do so by the relevant departments, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

1. What are the criteria for filing a case for the crime of refusing to pay labor remuneration?

If the labor remuneration of the worker is evaded by means of transfer of property, escape, etc., or the ability to pay but does not pay the labor remuneration of the worker, and the payment is still not paid after being ordered to do so by the relevant departments, and it is suspected of one of the circumstances of the lower fight, the case shall be filed for prosecution

1) Refusal to pay a worker's labor remuneration for more than three months and the amount is between 5,000 and 20,000 RMB;

2) Refusal to pay labor remuneration to 10 or more workers in an aggregate amount of 30,000 to 100,000 RMB.

Where the labor remuneration of the laborer is not paid in a respectful manner, but serious consequences have not been caused, and the laborer's labor remuneration is paid before the criminal case is filed, and the corresponding liability for compensation is borne in accordance with law, the case may not be filed for prosecution.

Legal basis: 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 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 at the rate of not less than 50% but not more than 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: If the employer is in arrears or fails to pay the labor remuneration in full, the employee 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 basis: According to Article 30 of the Labor Contract Law of the People's Republic of China, the employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract and national regulations.

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: 1. What is the responsibility of the person in charge of the company for arrears of wages?

1. If the arrears of wages belong to labor disputes and civil disputes, the legal person does not bear legal responsibility, and if the refusal to pay labor remuneration constitutes a crime, the legal person, as the main person in charge of the enterprise, shall bear legal responsibility.

2. Relevant legal provisions.

Hunger Labor Law of the People's Republic of China

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.

2. What should I do if the company does not pay wages?

If an employer owes an employee wages, the employee has three ways to request payment of wages:

1. Workers can file complaints with the labor inspection of the local human resources and social security departments; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;

2. You can apply for arbitration to the labor dispute arbitration committee of the local human resources and social security department and request the 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.

Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

3. If there is an IOU, you can directly sue the court to demand the payment of the salary amount in the IOU.

The company shall pay the wages and remuneration of the workers in full within the specified time; An additional severance equivalent to 25 per cent of wages and remuneration is required; If the employer pays the employee a wage that is lower than the local minimum wage, it shall make up the part that falls below the standard and pay an additional severance equal to 25% of the lower part.

If the employer is in arrears of wages, the legal person of the company is liable, and the employee can file a complaint with the human resources and social security bureau where the employer is located. If the conflict cannot be resolved in this way, you can go to the arbitration commission to apply for arbitration and require the employer to pay wages and corresponding economic compensation on time.

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

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.

1. The employer shall bear civil liability in accordance with the law: if the employer deducts or arrears the wages of the employee without reason, or refuses to pay the employee the salary and remuneration for the extended working hours, the employee may notify the employer at any time to terminate the labor contract and request compensation from the employer.

2. If the employer is in arrears of wages without reason, the worker may report to the labor administrative department and shall bear administrative responsibility: the labor administrative department shall order the employer to pay the wages and remuneration and economic compensation of the worker, and may order the payment of compensation to the worker at a rate equivalent to one to five times the total amount of wages and remuneration and economic compensation paid to the worker.

1. There are clear provisions in national laws and regulations;

2. There is a clear agreement in the labor contract;

3. Individual income tax withheld and paid by the employer;

4. The social insurance premiums withheld and paid by the employer shall be borne by the employee;

5. The alimony and alimony required to be withheld in the court's judgment or ruling;

6. Compensation deducted from the employee's salary for economic losses caused to the employer due to the employee's own reasons;

7. There are clear provisions in the factory rules and disciplines formulated by the employer in accordance with the law and approved by the workers' congress;

8. The total wage of the enterprise is linked to the economic benefit, and when the economic benefit falls, the wage must be lowered (but the salary paid to the employees who provide normal labor shall not be lower than the local minimum wage standard);

9. Corresponding reduction of wages due to personal leave of labor;

10. The employer is unable to pay wages on time due to natural disasters, wars and other reasons that are beyond human resistance;

11. If an employer is truly 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 the local situation.

Bear civil liability and administrative liability, and if the circumstances are serious, Yu Tanduan shall be investigated for criminal responsibility.

1. If the employer fails to pay the labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state, the labor administrative department shall order the employer to pay the labor remuneration, overtime pay or economic compensation within a time limit, and if the employer fails to pay the labor remuneration within the time limit, it shall order the employer to pay additional compensation to the employee according to the standard of 50% to 100% of the amount payable.

If the employer pays the wages of the employee below the local minimum wage standard, it shall pay the difference, and if the employer fails to pay the wages within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of 50% to 100% of the amount payable.

2. Where the payment of labor remuneration is evaded by means such as transferring property or escaping, or where there is the ability to pay but not paying labor remuneration, and the amount is relatively large, and the payment is still not made after being ordered to do so by the relevant departments, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph. Where there are acts in the preceding two paragraphs, but serious consequences have not yet been caused, labor remuneration is paid before a public prosecution is initiated, and the corresponding liability for compensation is borne in accordance with law, punishment may be commuted or waived.

1. How long does it take for an enterprise to be in arrears of wages before it is considered illegal?

China's "Labor Law" stipulates that wages shall be paid to the worker himself in the form of money on a monthly basis, and the wages shall not be deducted or owed to the worker without reason, and the monthly payment includes that the salary shall be paid in the form of a monthly salary, and shall also be paid monthly, so the employer shall settle the salary within 30 days after the end of the natural month, and more than 30 days shall constitute wage arrears. The full name of wage arrears is wage arrears without reason, that is, the behavior of the employer not paying the wages of the employee on time or in full without falling under the circumstances prescribed by law.

If the unit has applied for bankruptcy liquidation, there may be a delay in the payment of wages, but at this time, it cannot be determined that the unit is in arrears of wages without reason. In addition, we must also know that if the employer fails to pay the employee's wages within the agreed time, it cannot constitute arrears of wages in the legal sense at this time, and according to the provisions of the relevant laws, if the wages are generally paid after the end of the natural month, more than 30 days, then it can be recognized as arrears of wages.