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Anonymous users2024-02-10If the employer fails to pay wages in accordance with the labor contract and relevant laws and regulations, and the employer acts in violation of the law, the labor administrative department may deal with the employer in accordance with Article 85 of the Labor Contract Law.
Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; 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.
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Anonymous users2024-02-09The legal consequence of unjustified arrears of wages is for the labor administrative department to order the employer to pay the wages and economic compensation of the employee, and may order the employer to pay compensation. Among them, the severance payment shall be calculated at 25% of the amount of arrears of wages.
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 People's Court of Dangling Li Di for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
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Anonymous users2024-02-08Legal consequences of unjustified wage arrears: The labor administrative department shall order the employer to pay the wages within a time limit, and if the payment is not made within the time limit, the employer shall be ordered to pay additional compensation to the laborer according to the standard of 50% to 100% of the amount payable; If the employee unilaterally terminates the labor contract on this ground, the employer shall pay economic compensation; Other.
Legal basis. Article 85 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Legal Liability for Failure to Pay Labor Remuneration and Economic Compensation in Accordance with Law] If an employer has 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 employee's labor remuneration 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.
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Anonymous users2024-02-071. Bear civil liability for compensation: The local labor department may require the employer to bear multiple the compensation for arrears of wages.
2. If the circumstances are serious, criminal liability may be borne: the crime of refusing to pay labor remuneration.
Article 50 of the Labor Law stipulates that wages shall be paid to the workers themselves in the form of money on a monthly basis, and no wages shall be deducted or owed to the workers.
Article 91 stipulates that if an employer infringes upon the lawful 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, economic compensation, and compensation in the same order:
1) Withholding or not having the right to default on the wages of the laborer;
2) Refusal to pay wages and remuneration for extended working hours;
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;
From the above provisions, it can be seen that if the wages of the employee are deducted or unjustified, the employee shall be liable for additional compensation in addition to the supplementary wages.
Article 276-1 of the Criminal Law stipulates: Whoever evades the payment of a laborer's labor remuneration by means such as transferring property, escaping, etc., or has the ability to pay but fails to pay the laborer's labor remuneration, and the amount is relatively large, and the relevant department still fails to pay it, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, 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.
As can be seen from the above provisions, refusal to pay labor remuneration may also violate the Criminal Law, which requires criminal liability, and can be sentenced to up to seven years in prison.
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Anonymous users2024-02-06Article 91 of the Labor Law: "If an employer infringes upon the legitimate rights and interests of a worker under 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 employer to pay compensation: (1) deducting or defaulting on the employee's wages without reason; (2) Refusal to pay wages and remuneration for extended working hours; (3) The wages of the workers are paid lower than the local minimum wage standard; (4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.
It can be seen that the employer is required to pay the arrears of wages, compensation (25 arrears of wages) and, if necessary, compensation (provided that actual damage is caused).
There is no fee for labor arbitration.
The employee may apply for arbitration at the labor and personnel dispute arbitration commission where the employer is located or where the labor contract is performed. To apply for labor arbitration, you need to bring the arbitration application, a copy of your ID card, relevant evidence, and a copy of the employer's business registration information or business license when filing the case. >>>More
If an employer owes an employee wages, the employee has three ways to request payment of wages: >>>More
Summary. Hello dear! If wages are in arrears, the worker can file a complaint with the labor inspection within the local human resources and social security bureau; Apply to the labor dispute arbitration committee within the local human resources and social security bureau for arbitration and demand payment of wages. >>>More
The most important thing in arbitration and litigation is evidence, and without evidence, even if the arbitrators and judges have compassion and use their discretion, I am afraid they will be helpless. Now that you know what the problem is, you can look for evidence. Even if it's not yours, there will always be payroll records from your former colleagues (who are in the same situation as you, by analogy).
I think that if the salary is not paid for a long time, the overall motivation of the employees will decrease, and in this case, the performance of the company will not be very satisfactory.