The factory owes workers 2 months wages, how to get their wages back?

Hello, to the problem you described, the lawyer replied as follows:

First of all, you need to confirm the facts of the employment relationship with the employer, such as pay stubs, attendance records, and documents in the course of work.

Secondly, after the employment relationship is confirmed, the employer may be required to pay back wages for the illegal act of arrears of wages. From the date of employment, double wages are not signed within one month without signing a written labor contract.

Third, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

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 worker 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 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;

Local Labor Bureau, Apply for Labor Arbitration! And prepare relevant materials (such as employment certificates, certificates from others, etc.).

You can file a complaint with the Labor Bureau. If there is no effect, apply for labor arbitration.

Legal analysis: According to the relevant laws, if the employer is in arrears of wages without reason, the employee may report to the labor administrative department, which shall order the payment of wages and remuneration and economic compensation to the employee, and may also order the payment of compensation. At the same time, it may appeal to the people's court to issue a payment order in accordance with the law, and if the payment is not made within the time limit, the employer may be ordered to pay additional compensation.

Legal basis: Article 91 of the Labor Law of the People's Republic of China 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 the employer to pay the wages and remuneration and economic compensation of the late worker, and may order the payment of compensation by a friend: (1) deducting or arrears of wages of the worker 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) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.

Lodge a complaint with the labor and social security administration department (Labor Inspection Brigade). 2.Apply to the Labor Dispute or 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 request the payment of wages.

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

Article 93 Legal responsibility shall be pursued in accordance with law for the illegal and criminal acts of employers that do not have lawful business qualifications; If a worker has already paid for his or her work, the unit or its contributor shall pay the worker labor remuneration, economic compensation and compensation in accordance with the relevant provisions of this Law; If any damage is caused to the worker, he shall be liable for compensation.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Summary. Employees can file a complaint with the local labor inspection department or trade union to intervene in mediation and protect the rights and interests of employees. If mediation fails, employees can defend their rights and interests through legal means, such as suing the factory or applying for arbitration.

In addition, employees can seek legal assistance and consult on relevant legal issues to understand their rights and how to enforce them. Employees can also work with other injured employees to jointly defend their rights and interests, and pressure the factory to pay the arrears of wages as soon as possible through class action lawsuits and other means.

Employees can file a complaint with the local labor inspection department or trade union to intervene in mediation and protect the rights and interests of employees. If mediation fails, employees can defend their rights and interests through legal means, such as suing the factory or applying for arbitration. In addition, employees can seek legal assistance and consult on relevant legal issues to understand their rights and how to protect their rights.

Employees can also work with other injured employees to jointly protect their own rights and interests, and put pressure on the factory to pay the arrears of wages as soon as possible through class action lawsuits and other means.

In short, employees should actively protect their rights and interests, resolutely resist illegal acts, and at the same time pay attention to maintaining social stability and public interests.

Have you negotiated with the factory now?

Legal analysis: If the employer is in arrears of wages, you can file a complaint with the security supervision brigade of the labor department, or you 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 basic information.

Then go to the company to investigate and understand, if the matter is true, it will come forward to mediate, and warn the company that its behavior has violated the labor law, and the company will enforce it if it refuses to implement it.

Legal basis: Labor Law of the People's Republic of China Article 91 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 it to pay the worker's wages and remuneration and economic compensation, and may be obliged to pay compensation with a destructive order: (1) deducting or delaying the worker's wages 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) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.

Article 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the lawful rights and interests of a worker, the labor administrative department shall order the employer to pay the worker's wages and economic compensation, and may also order the employer to pay the absolute compensation: (1) deducting or delaying the worker's wages without reason; (2) Refusal to pay wages for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard;

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.