The boss is in arrears of wages and asks for a 2 year deduction of rent at the time of settlement, b

If the employee has a dispute with the employer because of wage issues, it is best to directly apply for labor arbitration to protect their rights.

In accordance with the Law on Mediation and Arbitration of Labor Disputes

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.

Article 27 The limitation period for applying for arbitration of labor disputes shall be one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.

Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

It's not legal, but you have to have witness evidence to refute him.

Article 50 of the Labour Law stipulates that: "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. ”

If wages are paid beyond the date agreed upon by both parties or unilaterally decided by both parties without reason, or if wages are not paid in full without exceeding the prescribed date, they are in arrears of wages and violate the provisions of the above-mentioned labor laws and regulations.

Article 4 of the Supplementary Provisions on Issues Concerning the Interim Provisions on Payment of Wages issued by the Ministry of Labor (No. 1995 No. 226) stipulates that the "unjustified arrears" mentioned in Article 10 of the Provisions (No. 1994 489) refer to the failure of the employer to pay the wages of the employee beyond the prescribed salary payment time without justifiable reasons.

According to Article 19 of the Interim Regulations on the Payment of Wages, if a labor dispute arises between an employee and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with the law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

1. Wage arrears shall be subject to legal liability

Article 50 of China's Labor Law stipulates that "wages shall be paid to the worker himself in the form of money on a monthly basis." Wages shall not be deducted or unjustifiably delayed.

Article 91 of the Law also stipulates that: "If an employer infringes upon the legitimate 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) Deducting 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 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. ”

As for the punishment of wage arrears, Article 105 of the Labor Law stipulates: "If the violation of this regulation infringes upon the legitimate rights and interests of the laborer, and other laws and regulations have provided for punishment, the punishment shall be in accordance with the provisions of the law and administrative regulations." ”

Article 6 of the Administrative Punishment Measures of the Labor Law also stipulates that if an employer has problems such as deducting wages or defaulting on wages to employees without reason, the labor administrative department shall order the employer to pay the wages and remuneration and economic compensation of the workers, and may order the payment of compensation to the workers at a rate equivalent to one to five times the total amount of wages and remuneration and economic compensation paid to the workers.

The worker can negotiate with the employer to settle the matter, and if the negotiation fails, he or she can report to the local labor administrative department.

2. Malicious non-payment of wages may be criminalized, and the responsible person will bear criminal responsibility

Supplementary Provisions of the Supreme Court and the Supreme Procuratorate on the Enforcement of Crimes Determined in the Criminal Law (5) Change the crime of malicious non-payment of wages to the crime of refusal to pay labor remuneration. According to this provision, the employee may file a complaint with the public security organ and the procuratorate against the person responsible for the malicious non-payment of wages.

Legal: What should I do if my boss owes me wages?

Did you sign a contract? You have to collect evidence, and no one cares if you don't have evidence, and generally such a company doesn't do it.

If the boss is in arrears of wages, first negotiate with the boss to settle it, and if the negotiation fails, you can complain to the local labor bureau. You may also apply for labor arbitration, and if you are not satisfied with the arbitral award, you may file a lawsuit with the people's court.

What should I do if my boss owes my wages? You can go to the labor office to file a complaint.

Lodge a complaint with the labor and social security administration department (Labor Inspection Brigade).

Apply to the Labor Dispute Arbitration Commission for labor arbitration. For example, on the grounds that wages were not paid on time and in full, the employee was requested to terminate the labor relationship and pay wages and economic compensation. If you still want to maintain the employment relationship, you can only ask for payment of wages.

5. While claiming wages in the above ways, you can also request the employer to pay you additional compensation according to the standard of 50% to 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law.

What is your specific problem?

It is advisable to apply for labor arbitration.

Legal: What should I do if my boss owes me wages?

Note: This question was asked in 2008, and the law has since been revised to prevent misleading netizens.

If the employer is in arrears of wages, you can report it to the labor inspection department, file a request for arbitration with the arbitration commission, or terminate the labor contract.

Legal basis: Article 38 of the Labor Contract Law The employee may terminate the labor contract if the employer falls under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Legal: What should I do if my boss owes me wages?

The Labor Contract Law stipulates that if wages are in arrears, you can file a complaint with the labor administrative department and request that the contract be terminated. The labor department should order the enterprise to pay within a time limit, and if the payment is not made after the deadline, it should pay 50% to 100% of the economic compensation, and the employee can receive economic compensation (working years * monthly salary) if the employee terminates the contract

Labor Contract Law.

Interim Regulations and Supplementary Regulations on the Payment of Wages.

Regulations on the payment of wages in the provinces.

For example, the Guangdong Provincial Regulations on the Payment of Wages.

In other cases, a detailed case can be analysed in detail.

What do you want so much so comprehensively? As long as the most critical and most useful provisions are fine, we are pragmatism! The most useful are the following provisions:

1. Labor LawArticle 38 An employee may terminate a labor contract under any of the following circumstances:

2) Failure to pay labor remuneration in full and in a timely manner;

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2. Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts issued by the Ministry of Labor Article 3 If an employer deducts or defaults on the wages of an employee without reason, or refuses to pay the wages and remuneration of the employee for extended working hours, in addition to paying the wages and remuneration of the employee in full within the prescribed time, it shall also pay an additional economic compensation equivalent to 25% of the wages and remuneration.

Article 26 of the Regulations on the Supervision of Labor and Social Security stipulates that if an employer fails to pay an employee's wages and remuneration within the time limit, it will pay the employee an additional compensation of 50% to 1 times the amount payable.

The above can be understood to mean that if the employer deducts or defaults on the wages and remuneration of the employee without reason, pays the employee a wage lower than the local minimum wage standard, or terminates the labor contract without giving the employee economic compensation in accordance with the law, the labor and social security administrative department shall order the employee to pay the employee's wages and remuneration within a specified period, 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 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 50% to 1 time of the amount payable.

In this case, you can terminate the employment relationship at any time and claim that the employer pay the arrears of wages and compensation for the arrears of wages (50-100% of the arrears).and severance for the termination of the labor relationship, one month's salary per year.

If you still want to work in the unit, you can go to the labor inspection brigade to report anonymously and ask him to correct the company's improper behavior and pay the wages in full.

Laws are about to be introduced:

Wages are paid every week!

Lao Bu Fa [1994] No. 481.

Economic compensation for violation and termination of labor contracts.

Article 3 If an employer deducts or defaults on the wages of a laborer without reason, or refuses to pay the wages and remuneration of the laborer for extended working hours, in addition to paying the worker's wages and remuneration in full within the prescribed time, it shall also pay an additional economic compensation equivalent to 25 percent of the wages and remuneration.

As for the address, you go to the industry and commerce to check the registered address.

According to Chapter V of the Labor Law of the People's Republic of China, wages.

Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Article 51 The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with law.

Chapter XII: Legal Responsibility.

Article 89 Where the labor rules and regulations formulated by the employer violate the provisions of laws and regulations, the labor administrative department shall give a warning and order corrections; If damage is caused to the worker, he shall be liable for compensation.

Article 90 Where an employer violates the provisions of this Law by extending the working hours of its employees, the labor administrative department shall give a warning, order it to make corrections, and may impose a fine.

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) Deducting 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.

The first source of the Regulations on the Supervision of Labor Protection Disabilities.

The first paragraph of Article 13 stipulates that "the supervision of labor security of an employer shall be under the jurisdiction of the labor security administrative department at the county level or city level divided into districts where the employer is employed". You can file a complaint with the Tongzhou District Labor and Social Security Supervision Agency, where the enterprise is located, and order the employer to make corrections and immediately pay the wages owed to you and the resulting losses.

In addition to filing a complaint with the labor and social security supervision authority, if you have clear evidence that the employer owes you wages, you can directly apply to the local people's court for a payment order in accordance with the provisions of Article 30, Paragraph 2 of the Labor Contract Law, requiring the employer to pay the wages owed to you.

You can also file a labor dispute arbitration with a labor dispute arbitration institution within one year in accordance with the provisions of the Labor Dispute Mediation and Arbitration Law. For labor dispute cases, the people's court does not directly accept the case, and must first apply for labor dispute arbitration. In addition, if you are only in a dispute over labor remuneration and the total amount involved does not exceed the total amount of the local monthly minimum wage standard for 12 months, the labor dispute arbitration award shall be final, and the award shall take legal effect from the date of issuance, and the people's court will no longer accept it.

It is advisable to file a complaint with the Labor and Social Security Inspectorate or apply to the People's Court for a payment order, which is generally easier and faster. Labor dispute arbitration needs to go through a certain procedure, which generally takes longer, but the resolution of the problem may be more thorough.

1. If you work for an employer, there are two ways to ask for wages:

1. Workers can complain to the labor inspection of the local human resources and social security disability bureau;

2. You can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request 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.

2. If it is a job for an individual, it is not considered an employment relationship, and you can directly go to the court to sue the individual boss and demand payment of labor remuneration.

Article 2 of the Law on Mediation and Arbitration of Labor Disputes 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.;