Where to sue if you don t pay for arrears of wages, and how to sue if you don t pay for arrears of w

We talk to the boss and don't pay us wages, what should we do?

Legal Analysis: It can be solved in the following ways:1

Negotiate with your boss. In order to save time and energy, it is recommended to try to negotiate directly with the boss to deal with Jinsen. 2.

Complain to the labor department. When complaining, it is usually to go to the labor inspection department, and after the complaint, the boss will order the boss to pay wages in a timely manner. 3.

Seek arbitration from a labor arbitration institution. If an employee is found to be in arrears of wages, he or she will not be subject to the limitation period of arbitration if he or she recovers his wages during the existence of the labor relationship, and once he or she leaves the company, he or she will be subject to the termination of the employment relationship. 4.

If you are not satisfied with the arbitration result of the labor arbitration department, you can file a lawsuit in court within 15 days.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China.

The prosecution must meet the following conditions:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Legal analysis: Prosecution process: 1. Write a good indictment; 2. Bring evidence and indictment to the court to file a case and pay the litigation fee; 3. After the court reviews and determines the acceptance, it will be heard; 4. Court judgment; 5. Enforcement of judgments.

Legal basis: Article 123 of the Civil Procedure Law: The people's courts shall ensure that the parties enjoy the right to sue in accordance with the provisions of law. Lawsuits that meet the requirements of Article 119 of this Law must be accepted.

Where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be notified; If the requirements for initiating a lawsuit are not met, a ruling shall be made within the Seven Days Xiang Chain and shall not be accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.

If wages are in arrears, they can file a complaint with the Safeguard Supervision Brigade of the labor department, or they can directly apply for labor arbitration. First of all, you should go to the labor bureau in the city where you are located to file a complaint against your company, and the labor inspection brigade will file a case and leave your basic information. Then go to your company to investigate and find out that the matter is true, they will come forward to mediate, and warn you that the company's behavior has violated the labor law, and they will enforce it if they encounter a company that refuses to implement it.

Wage arrears are a common problem that you can solve by the following methods: (1).Report to the labor administrative department (usually the labor management inspection brigade.

2).You can also apply for arbitration directly (the arbitration fee is 200-300 yuan, and if you win, the company will bear all of it. (3).

If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter. (4).According to the provisions of the state, in the event of arbitration or litigation, you may request that the wages and remuneration of the employee be paid in full within the prescribed time, and that an additional economic compensation equivalent to 25% of the wages and remuneration be paid.

Labor Law of the People's Republic of China Article 48 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 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 44 In 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) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wage shall be paid; (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.

According to Article 9 of the Interim Regulations on the Payment of Wages, when both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the wages of the employee in one lump sum when the contract is terminated or terminated. 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) Withholding or defaulting on the wages of workers without reason; (2) Refusal to pay wages for extended working hours; (3) Paying wages to workers below the local minimum wage standard.