Our company owes 10 million in wages to employees, how can we ask for it?

Updated on society 2024-05-19
7 answers
  1. Anonymous users2024-02-11

    According to Article 50 of the Labor Law of the People's Republic of China, wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

    Article 63 of the Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law (Lao Bu Fa [1995] No. 309) stipulates that if an enterprise deducts or defaults on the wages of its employees without reason, the labor inspection department shall deal with it in accordance with Article 91 of the Labor Law, Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts of the Ministry of Labor, and Article 6 of the Measures for Administrative Punishment of Violations of the Labor Law of the People's Republic of China.

    Article 91 of the Labor Law of the People's Republic of China stipulates that if an employer deducts or defaults on the wages of an employee without reason, the labor administrative department shall order the employee to pay the employee's wages and remuneration, economic compensation, and may also order the payment of compensation.

    In case of violation or termination of labor contract severance measures, 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 prescribed time, it shall also pay an additional severance equivalent to 25% of the wages and remuneration.

    In violation of Article 6 of the Measures for Administrative Punishment of the Labor Law of the People's Republic of China, if an employer deducts or defaults on the wages of an employee without reason, it shall order the employee to pay the employee's wages and remuneration and economic compensation, and may also order the payment of compensation to the worker at a rate equivalent to one to five times the total amount of the wages and remuneration and economic compensation paid to the worker.

    You can apply for labor arbitration at the local labor arbitration commission according to the relevant evidence and recover the remuneration for your work.

  2. Anonymous users2024-02-10

    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 application shall clearly state the amount of money requested and the facts and evidence on which it is based, and after the people's court accepts the application, after examining the facts and evidence provided by you, and determines that the creditor's rights and debts are clear and legitimate, it shall issue a payment order to the company within 15 days from the date of acceptance. The company shall pay off the debts within 15 days from the date of receipt of the payment order, or submit a written objection to the people's court. If the company does not raise an objection within the prescribed period and fails to perform the payment order, it may apply to the people's court for enforcement.

    Article 30 of the Labor Contract Law stipulates that an employer shall, in accordance with the provisions of the labor contract and state regulations, 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.

  3. Anonymous users2024-02-09

    If it is a matter of arrears of wages, of course, you can claim the arrears of wages. **The relevant departments now have laws and regulations that "those who are in arrears of wages and deduct wages are illegal crimes, and those who exceed 30,000 yuan or more than 10 people are serious violations and crimes, and serious sentences are imposed and imprisoned." Enterprises should sign labor agreements and contracts, and pay social security premiums (five insurances and one housing fund) to each worker, and the enterprise should pay wages directly to the farmers themselves, and it is strictly forbidden to pay them to the "contract foreman" or other organizations and individuals who do not have the qualifications of the employing entity.

    Enterprises can entrust banks to pay migrant workers' wages. The company (enterprise) must pay wages in accordance with the royal set of the covenant and <>

    Otherwise, the law enforcement department will strictly punish the illegal company and enterprise in accordance with the law. Employees hired by private owners must also abide by national laws and pay migrant workers wages on time. The arrears of wages of private bosses are also illegal and criminal, and they will be strictly punished in accordance with the law.

    The first step should be to negotiate a solution, and you can directly contact the legal representative of the enterprise, the owner of the enterprise, the financial department, and the financial manager. It is best to negotiate and solve the problem, and if the negotiation is not successful, the complaint report will be sent to the local ** relevant departments (labor inspection brigade, labor dispute arbitration commission, human resources and social security bureau, labor arbitration section of the labor bureau, industrial and commercial bureau, construction bureau, court, supervision department, 12345 complaint ****, 12348 legal aid ****, you can get the help of ** relevant departments) Remember: there must be factual evidence, such as:

    Agreements and contracts, audio and video recordings of wage arrears and wage claims, video recordings of clock-in and work, videos of labor work, various written materials of Tangerine, WeChat, text messages, insiders, certifiers, etc., can all be used as factual evidence.

  4. Anonymous users2024-02-08

    If the company owes employees wages, employees can negotiate with the unit first; If the negotiation fails, a complaint can be filed with the local labor inspection brigade, which will be mediated by the labor department; In the event that the mediation fails, it can also apply for labor arbitration for adjudication. Employees can call 12333 for complaints related matters.

    In accordance with the Interim Regulations on the Payment of Wages

    Article 7 Wages must be paid on the date agreed between the employer and the worker. 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 weekly, daily, and hourly wage systems are implemented.

    Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with law, the employer shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract.

    Article 18 The labor administrative departments at all levels shall have the right 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) Deducting or delaying the wages owed to the laborer 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.

    Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with law. If the applicant is not satisfied with the arbitral award, he or she may file a lawsuit with the people's court.

    Labor Dispute Mediation and Arbitration Law

    Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

    1) Disputes arising from the confirmation of labor relations;

    2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

    3) Disputes arising from removal, dismissal, resignation, or resignation;

    4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

    5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

    6) Other labor disputes as stipulated by laws and regulations.

  5. Anonymous users2024-02-07

    Spicy Chicken Company, go to the Labor Bureau to report it,

  6. Anonymous users2024-02-06

    1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information. (Registration information is not required in Beijing).

    2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If we are not satisfied with the ruling, we can sue the court;

    3. During the application for labor arbitration, you will not be delayed to work in the new unit!

  7. Anonymous users2024-02-05

    The company's arrears of wages can be resolved through the local labor inspection department!

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