What should I do if the company owes wages after the employee resigns?

According to the provisions of Article 27 of the Labor Dispute Mediation and Arbitration Law, the statute of limitations for arbitration: ......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. That is to say, within one year of resignation, you can initiate labor arbitration with the labor arbitration department in accordance with this law, and ask the enterprise to make up the arrears of wages.

It is important to note here that the application for arbitration is valid for 1 year.

Legal Analysis: There are three ways for employers to demand payment of unpaid wages: employees can file a complaint with the Labor Inspection Brigade of the local Human Resources and Social Security Bureau; You can apply to the local labor arbitration commission for arbitration and demand payment of wages.

If you don't sign an employment contract, you can ask for double wages. If it is proposed that the employment relationship can be terminated but the wages will be in arrears, the employee may also be required to pay severance payments. If there is an IOU, you can sue the court directly for the amount of wages in the IOU.

Legal basis: Labor Law of the People's Republic of China Article 91 If an employer infringes upon the legitimate rights and interests of a worker under any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation: (1) deducting or arrears of 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.

Hello! You can apply for labor arbitration to pursue the company's unpaid wages. [Smile] how to deal with resignation and arrears of wages:

1. Report to the labor administrative department; 2. Apply for arbitration to the Labor Arbitration Commission; 3. If you are not satisfied with the arbitration result, you should file a lawsuit in the court within 15 days after getting the arbitration letter. If the employer fails to pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state, the labor administrative department shall order the employee to pay the labor remuneration within a time limit. Be brave and stand up to the law to defend your rights.

Smile].

Legal Analysis: If an employer defaults on wages to an employee without reason, the employee may report to the Labor Inspection Brigade, which will order the employee to pay wages and economic compensation, and may also order the employee to pay compensation.

Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 9 If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with law.

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.

1. After resignation, if the employer is in arrears of wages, the measures that the employee can take to protect his rights are:

1. After applying for mediation of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation;

2. If the application for arbitration and mediation fails, if one of the parties requests arbitration, it may apply to the Labor Dispute Arbitration Commission for arbitration.

3. If a lawsuit is filed against the arbitral award, a lawsuit may be filed with the people's court.

II. Matters needing attention when applying for labor arbitration.

1. The party making the arbitration request 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.

2. If the parties to a labor dispute are dissatisfied with the arbitral award, they may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. If one party does not file a lawsuit and fails to perform the arbitral award within the statutory time limit, the other party may apply to the people's court for compulsory enforcement.

3. 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 the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages and remuneration for extended working hours to the source of suspicion;

(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.

IV. Calculation Standard of Severance Payment: Severance shall be paid to the worker according to the standard of one month's salary for each full year of the worker's service in the unit. 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 economic compensation to be paid to him shall be three times the average monthly salary of the employee, and the maximum period of time for which the economic compensation shall be paid 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.

If the company is in arrears of wages after resignation, the employee can protect his rights and interests in the following ways:

1. The worker complains to the labor inspection department;

3. Or apply to the labor dispute arbitration commission for arbitration;

4. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the court.

If the employer deducts or arrears the employee's wages without reason, the employee has the right to demand payment from the employer, and if the employer still refuses to pay, the employee may report to the relevant labor administrative department. The labor administrative department shall order the employer to pay wages and pay economic compensation and compensation. The employee may also file an arbitration complaint with the Labor Arbitration Commission, which will order the employer to pay wages, economic compensation, and compensation.

Article 50 of the Labor Law of the People's Republic of China.

Wages shall be paid to the worker on a monthly basis in the form of monetary support. Wages shall not be deducted or unjustifiably delayed.

Article 51.

The employer shall pay wages to the employee during the statutory holidays, marriage and funeral leave, and during the period of participating in social activities in accordance with the law.

Hello, 1. Confirm the facts of the labor relationship with the unit, such as payslips, attendance records, and documents in the process of work. After confirming the labor relationship, the employer can negotiate with the boss to request the employer to pay back wages for the illegal act of arrears of wages. If the negotiation fails, bring the relevant materials to the labor bureau to complain.

2. 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 worker's wages and remuneration and economic compensation, and may also order the payment of compensation: (1) deducting or arrears of 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.

Summary. Dear, I am glad to answer for you, report to the labor administrative department (usually the labor inspection brigade of the district where the unit is located). If the company fails to pay the employee's wages on time, the employee may terminate the labor contract at any time and immediately require the company to pay the employee's arrears of wages and 25% of the arrears of wages as economic compensation.

3. Apply directly for arbitration. First of all, you need to confirm the fact of the employment relationship with the employer; Secondly, after confirming the labor relationship, the employer can be required to pay back social insurance and wages; Third, when the employer terminates the labor contract, it shall notify the employee one month in advance, otherwise it shall pay one month's severance as a payment in lieu of payment;

Dear, I am glad to answer for you, report to the labor administrative department (usually the labor inspection brigade of the district where the unit is located). If the company fails to pay the employee's wages on time, the employee may terminate the labor contract at any time and immediately require the company to pay the employee's arrears of wages and 25% of the arrears of wages as economic compensation. 3. Apply directly for arbitration.

First of all, you need to confirm the fact of the employment relationship with the employer; Secondly, after confirming the labor relationship, the employer can be required to pay back social insurance and wages; Third, when the employer terminates the labor contract, it shall notify the employee one month in advance, otherwise it shall pay one month's severance as a payment in lieu of payment;

Expansion: Article 50 of the Labor Contract Law stipulates that the employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the procedures for the transfer of the employee's file and social insurance relationship within 15 days. According to Article 9 of the Interim Provisions on Payment of Wages promulgated by the Ministry of Labor, when both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum at the time of dissolution or termination.

Through the above explanation, we can understand that if you resign, as long as you go through the resignation procedures in accordance with the normal procedures, the company will pay wages according to the regulations, and if you do not pay it, you can solve it through legal means.

Summary. Hello, it's a pleasure to answer for you; How to deal with the company's arrears of wages after resignation: 1. Report to the labor administrative department; 2. Apply for arbitration to the Labor Arbitration Commission; 3. If you are not satisfied with the arbitration result, you should file a lawsuit in the court within 15 days after getting the arbitration letter.

Hello, it's a pleasure to answer for you; How to deal with the company's arrears of wages after resignation: 1. Report to the labor administrative department; 2. Apply for arbitration to the Labor Arbitration Commission; 3. If you are not satisfied with the arbitration result, you should file a lawsuit in the court within 15 days after getting the arbitration letter.

Legal basis: Article 85 of the Labor Contract Law stipulates that if an employer falls under any of the following circumstances, the labor administrative department shall order it 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) Failing to pay the employee's labor remuneration 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 lower than the local minimum wage standard; (3) Arrange 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.