The company is in arrears of wages, what department should I complain to?

Updated on society 2024-05-26
27 answers
  1. Anonymous users2024-02-11

    Administrative Departments of Labour Inspection.

  2. Anonymous users2024-02-10

    According to Article 80 of the Labor Contract Law, if the rules and regulations of an employer directly related to the vital interests of the employee violate the provisions of laws and regulations, the labor administrative department shall order it to make corrections and give it a warning; If any damage is caused to the worker, he shall be liable for compensation. 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. In this way, as soon as your unit is reported, it will be miserable. If you don't have a labor contract, it's even worse if you don't get Article 82.

    If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

    Maybe you say that the company is small, and you have nowhere to redress if it is not standardized, teach you a trick: according to the terms of the labor contract law, this is an obvious infringement of your legitimate rights and interests by the company, you can bring the relevant documents to the labor inspection department at the city and county level to complain, if it is not successful, you can confirm that the evidence is conclusive, and you can submit the matter to the court for processing. In fact, if you don't pay wages, you only need to prove that you have paid labor and you have a labor relationship with the company, the responsible party is in the enterprise, and the company must provide evidence of wages.

    If the enterprise fails to pay within the time limit after receiving an order from the labor administrative department, your employer must pay additional compensation to the employee at the rate of 50 to 100 percent of the amount payable.

    Free legal advice platform - Legal Express.

  3. Anonymous users2024-02-09

    If the company owes wages to employees without reason, employees can call 12333 to complain to the local labor department, or they can complain to the labor inspection brigade or apply to the labor dispute arbitration committee to apply for labor arbitration.

  4. Anonymous users2024-02-08

    According to the provisions of the Labor Law, an employer shall not default on the payment of labor remuneration to a worker without reason. First of all, you take the initiative to communicate with the person in charge of the company, ask the reason for the arrears of wages, whether it is the company's capital turnover difficulties or poor production and operation, and the boss's solution, and secondly, depending on your ability to bear and feelings for the company and other comprehensive factors, decide to suspend the claim, or pay immediately, and the initiative to choose is yours. Second, if you resolutely ask for it, you can collect relevant evidence such as wage vouchers, attendance records, and labor contracts to complain to the labor inspection department, and use administrative means to protect your rights.

    You can also go to the mayor's mailbox and 12345 platform to complain, and the superior competent department or industry regulatory department will come forward to negotiate and mediate, and there will generally be a result.

  5. Anonymous users2024-02-07

    You should go to the local labor inspection brigade to complain, bring your ID card and labor contract or other supporting materials that can prove that you work there, and ask the labor inspection brigade to file a case and solve the problem.

  6. Anonymous users2024-02-06

    Wages are in arrears with the worker's wages. Workers should file a complaint with the local labor administration department (labor inspection brigade). The whistleblower and complainant must truthfully provide the name, address, and specific circumstances of the reported and complaining unit, as well as the specific circumstances of the violation of labor security laws, regulations, and rules.

    In addition, the complainant shall provide the complaint document for the complaint.

    Legal basis: Article 9 of the Labor Dispute Arbitration Law of the People's Republic of China.

    If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears in medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle the matter in accordance with law.

  7. Anonymous users2024-02-05

    If the company fails to pay the wages of its employees on time and in full, or maliciously owes wages, it can directly file a labor arbitration with the local labor inspection department. If it is the construction industry, you can also complain to the local housing and urban-rural development committee, and if it is the construction industry, the migrant workers' wages can also be helped.

  8. Anonymous users2024-02-04

    If the company owes its employees wages, we can file a complaint with the labor inspectorate.

  9. Anonymous users2024-02-03

    If the company defaults on the employee's wages, the labor inspection brigade will soon accept the application if the labor inspection brigade does not accept the application for various reasons, by dialing 12345 or 12333, the labor inspection brigade will soon accept it.

  10. Anonymous users2024-02-02

    Wage arrears are illegal, and workers can file a complaint with the local labor inspection brigade or apply for labor arbitration to protect their legitimate rights and interests.

  11. Anonymous users2024-02-01

    You can report this kind of thing directly to the local labor bureau! The labor bureau is the competent authority for this kind of thing, you can apply for labor arbitration first, if the arbitration fails, go through the corresponding legal procedures, of course, you have to keep the relevant evidence.

  12. Anonymous users2024-01-31

    The company can file a complaint with the local labor inspection department or apply to the local arbitration hall for arbitration if the company owes wages to its employees.

  13. Anonymous users2024-01-30

    If the company owes its employees wages, they should file a complaint with the labor department where the company is located.

  14. Anonymous users2024-01-29

    The first is the local labor bureau. He called it the Labour Inspectorate. The second is the Labor Arbitration Commission. That is, labor arbitration.

  15. Anonymous users2024-01-28

    The company owes the employee's wages for up to three months, and then applies to the local labor arbitration department for arbitration to protect the rights and interests of the workers and claim the arrears of wages.

  16. Anonymous users2024-01-27

    If the company owes employees wages, they can directly apply to the local labor inspection department to file a case, which is free of charge, and the staff will tell you what you need to prepare.

  17. Anonymous users2024-01-26

    If the company owes workers and employees wages, you can go to the local labor department labor inspection brigade to continue to carry forward the complaint about the actual problem, and they will solve it for you.

  18. Anonymous users2024-01-25

    You can go to the labor bureau to complain, and someone will definitely help you solve it when the time comes.

  19. Anonymous users2024-01-24

    The Labor Arbitration Commission under the Human Resources and Social Security Bureau, or the Labor Inspection Brigade. One is responsible for handling labor disputes, and the other is responsible for supervising and enforcing the law.

  20. Anonymous users2024-01-23

    Go to the labor bureau to apply for arbitration, and it is best to sign up for the labor bureau together with a large number of people, so that it is easy to have results.

  21. Anonymous users2024-01-22

    It is recommended to report and complain to the local labor inspection brigade to collect the arrears of wages.

    Wage arrears can choose to protect their rights by filing labor arbitration.

    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 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) Failure 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) Pay wages to workers below the local minimum wage.

    3) Arrange overtime without paying overtime pay.

    4) Dissolving or terminating a labor contract and failing to pay economic compensation to the worker in accordance with this Regulation.

    1. How long is it illegal to be in arrears of wages?

    China's laws and regulations mainly make the following provisions:

    China's Labor Law stipulates that "wages shall be paid to the workers themselves in the form of money on a monthly basis." The wages of the employee shall not be deducted or owed without reason", and "monthly payment" means that the wages shall be paid in the form of monthly wages and shall also be paid monthly, so the employer shall settle the wages within 30 days after the end of the natural month, and more than 30 days shall constitute wage arrears.

    If the employer is unable to pay wages on time due to difficulties in production and operation and its capital turnover is affected, it may postpone the payment of wages to the employee within one month after consultation with the labor union of the unit. The time of deferred payment of wages shall be notified to all workers and reported to the competent department for the record, and if there is no competent department, it shall be reported to the city, district or county labor and social security administrative department for the record.

    The Interim Provisions on Payment of Wages stipulate that "wages must be paid on the date agreed between the employer and the employee. In case of holidays or rest days, it should be paid 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 system is implemented."

    Generally, the specific date of payment is agreed by both parties, and there is no mandatory provision in the law. Then, as long as the employer pays once a month, it is legal, and there are no strict rules as for the current month or the previous month, so as long as your employer pays your salary on time, even if it is paid in the next month, it is in accordance with the law.

  22. Anonymous users2024-01-21

    If the company is in arrears of wages, it should file a complaint with the labor department. If there is a contradiction and conflict between the employee and the employer, the two parties should first negotiate, if the negotiation fails, the employer has been in arrears of wages, you can apply to the local labor inspection agency for arbitration, requiring the company to pay the arrears of wages and compensation as soon as possible, so as to protect their rights and interests as much as possible.

    In the face of the company's wage arrears, there must be no compromise. Many employees are disadvantaged groups relative to the company, and then encounter some of the company's unreasonable practices, and do not know how to choose to deal with them, there are many employees who simply choose to compromise and give up, which will only make the company worse, so we must not compromise with it, but through formal channels to protect their rights and interests, to the labor department to complain and report, entrust a lawyer to fight a lawsuit, as long as we have a tough attitude, I believe the company will definitely make concessions.

    We must keep the relevant evidence, after all, there is no basis for words, so we must ensure that we have a good punch-in record, as well as the company's payroll, as long as our evidence is valid, find the department will also protect the interests of employees in accordance with the relevant regulations, in fact, with the continuous development of society, labor laws and regulations have gradually been improved, so that these companies have no opportunity to take advantage of, so we have nothing to worry about, <>

    As long as the requirements of the lawsuit are reasonable and the relevant evidence is sufficient, the court will definitely rule that the worker will win the lawsuit, which can not only allow the employer to pay the arrears of wages as soon as possible, but also require the company to compensate. Actively report and complain to the labor department.

  23. Anonymous users2024-01-20

    Legal analysis: According to the law, when faced with the employer's arrears of wages, the employee can report to the labor department and request the employer to give 50%-100% compensation; Workers can also file a complaint with the labor and social security administrative department to request intervention and investigation; It is also possible to apply to the local people's court for a payment order in accordance with the law; or directly submit an arbitration application to the labor dispute arbitration commission. 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 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 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 between 50% and 100% of the amount payable for the disturbance

    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 the labor contract and failing to pay compensation to the worker in accordance with these Regulations.

  24. Anonymous users2024-01-19

    Directorate of Labour. Because the company's arrears of wages are under the control of the Labor Bureau, it should be complained to the Labor Bureau.

  25. Anonymous users2024-01-18

    You should file a complaint with the company's finance department, which is responsible for payroll.

  26. Anonymous users2024-01-17

    In the face of such a situation, you should go to the company's finance department to complain, or you can go to the local labor bureau to reflect.

  27. Anonymous users2024-01-16

    Legal analysis: apply for labor arbitration and file a complaint with the labor arbitration commission.

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

    Article 77 In the event of a labor dispute between an employer and a worker, the parties concerned may apply for mediation, arbitration, or file a lawsuit in accordance with law, or may resolve it through negotiation. The principles of conciliation apply to both arbitration and litigation proceedings.

    Article 78 In the settlement of labor disputes, the lawful rights and interests of the parties to the labor dispute shall be safeguarded in accordance with the principles of legality, fairness and timely handling.

    Article 79 After a labor dispute arises, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

    Article 80 A labor dispute mediation committee may be established within an employer. The Labor Dispute Mediation Committee is composed of employee representatives, employer representatives and trade union representatives. The chairman of the labor dispute mediation committee shall be a representative of the trade union.

    If an agreement is reached through mediation in a labor dispute, the parties shall perform it.

    Article 81 The Labor Dispute Arbitration Commission shall be composed of representatives of the labor administrative department, representatives of the trade union at the same level, and representatives of the employer. The chairman of the labor dispute arbitration commission shall be a representative of the labor administrative department.

    Article 82 The party making the request for arbitration shall submit a written application to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute. The arbitral award shall normally be rendered within 60 days of receipt of the application for arbitration. If there is no objection to the arbitral award, the parties must perform it.

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