If the company is not open, how to deal with the arrears of wages?

Wage arrears are a common problem that you can solve by:

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 document.

4. In accordance with the provisions of the state, in the event of arbitration or litigation, you may request that in addition to the full payment of the wages and remuneration of the employee within the prescribed time, an additional severance equivalent to 25% of the wages and remuneration shall be paid. (See the reference section for the specific legal basis).

Labor Contract Law of the People's Republic of China Article 85 In any of the following circumstances, the labor administrative department shall order the employer 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 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;

2) Paying wages to workers at a rate lower than the local minimum wage standard;

3) arranging 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.

According to Article 38 of the Labor Contract Law, if an employer fails to pay the employee in full and in a timely manner, the employee may terminate the labor contract.

Article 91 of the Labor Law: "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 also order the employer to pay compensation

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

2) Refusal to pay wages and remuneration for extended working hours;

3) The wages of workers are paid below 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. It can be seen that if the wages of employees are in arrears without reason, the employer must pay the arrears of wages, compensation (25% of the arrears of wages) and, if necessary, compensation (provided that actual damage is caused).

If the company owes you wages, you can first negotiate with the boss of the company and tell him about your predicament, or you can go to the labor bureau to report the problem, and finally go to the court to file a lawsuit.

If the company does not open for business, the arrears of wages can be claimed through the workers' association.

Hello, when facing the problem of unpaid wages of the company, you can ask the local labor bureau for help and request labor arbitration to solve this problem.

In addition to this, we can also go through legal proceedings, which can also get the judiciary involved!

Legal analysis: 1. Report to the labor administrative department;2. You can also apply for arbitration directly3. If you are not satisfied with the result of the arbitration, you can file a lawsuit in the court within 15 days after getting the arbitration letter.

Legal basis: Article 50 of the Labor Law of the People's Republic of China Article 50 Wages shall be paid to the laborers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Legal analysis: If the company owes the employee's wages, the employee can go to the labor inspection department where the unit is located to file a complaint, and can also apply for labor arbitration or directly file a lawsuit. If the company owes wages to employees without reason and infringes upon the legitimate rights and interests of employees, the labor administrative department shall order the employer to pay the wages and remuneration and economic compensation of the employees, and may order the employer to pay compensation.

If an employee applies to the local labor dispute arbitration commission for arbitration, he or she shall submit a written application within 60 days from the date of the labor dispute.

Legal basis: Article 30 of the Law of the People's Republic of China on Labor Contracts with Surplus Residue 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.

Legal analysis: If the company does not pay wages in arrears, it can file a complaint with the labor inspection department in accordance with the law.

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

Interim Provisions on Payment of Wages Article 7 Wages must be paid on the date agreed between the employer and the employee. In the event of a holiday or rest day, the 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.

If the employer owes wages, you can file a complaint with the security supervision brigade of the labor department, or you can directly apply for labor arbitration. 1. If the employer deducts or defaults on the employee's wages without reason, or refuses to pay the employee the wages and remuneration for the extended working hours, the employee may notify the employer at any time to terminate the labor contract and request the employer to compensate. In addition to paying the employee's wages and remuneration in full within the prescribed time, the employer shall also pay an additional severance equivalent to 25% of the wages and remuneration.

2. If the employer is in arrears of wages without reason, the worker may report it to the labor administrative department, which shall bear the corresponding administrative responsibility, and the labor administrative department shall order the employer to pay the wages and remuneration and economic compensation of the worker, and may order the employee to pay compensation equal to one to five times the sum of the wages and remuneration and economic compensation paid to the worker.

Legal basis

Article 91 of the Labor Law of the People's Republic of China stipulates that 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 also order the payment of compensation: (1) deducting or delaying the worker's wages without reason; (2) Refusal to pay remuneration to workers for extended working hours; (3) Paying wages to workers who have been mobilized at a lower rate 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.

If the company is in arrears of wages, the employee can file a complaint with the labor administrative department, or apply for labor arbitration, and if he is not satisfied with the arbitration result, he can also file a lawsuit with the court.

Article 9 of the Law on Mediation and Arbitration of Labor Disputes stipulates that 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 employee may file a complaint with the labor administrative department, which shall handle the matter in accordance with the law.

If the employer fails to negotiate a fee, the employee can file a complaint with the local labor inspection brigade or apply to the labor dispute arbitration department for arbitration, and the labor and social security department will order the employer to pay within a time limit. Employees should pay attention to collecting relevant evidence, such as labor contracts, attendance records, pay slips, etc.

Basic Process of Labor Arbitration:

1. Apply for arbitration within one year after the dispute arises and submit a statement of claim;

2. The arbitration commission shall make a decision on whether to accept the complaint within five days from the date of receipt of the claim;

3. The arbitral tribunal shall notify the parties in writing five days in advance;

4. Clear request, defense, investigation of facts, presentation of evidence and cross-examination, debate, statement;

5 Mediation; 6. If mediation fails, the decision shall be made.

In accordance with the Interim Provisions on Payment of Wages

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 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 dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

In accordance with the Labor Arbitration Law

Article 6 In the event of a labor dispute, the parties concerned shall have the responsibility to provide evidence for their own claims. If the evidence related to the disputed matter is in the possession and management of the employer, the employer shall provide it; If the employer does not provide it, it shall bear the adverse consequences.

Article 28 The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents.

The statement of claim for arbitration shall contain the following particulars:

1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;

2) the claim for arbitration and the facts and reasons on which it is based;

3) Evidence and evidence**, names and addresses of witnesses.

If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party.

Article 29 Within five days from the date of receipt of the arbitration application, if the labor dispute arbitration commission finds that the conditions for acceptance are met, it shall accept the application and notify the applicant; Where it is found that the requirements for acceptance are not met, the applicant shall be notified in writing not to accept the application and the reasons shall be explained. If the labor dispute arbitration commission does not accept the case or fails to make a decision within the time limit, the applicant may file a lawsuit with the people's court on the labor dispute matter.