What should I do if I am in arrears of wages after resigning from the company?

You can choose to present relevant evidence and go to the labor department to prosecute. In general, in this way, you can get your salary back.

There are some staff members who resign for some reason in the course of their work. However, the company is very slow to pay itself, even beyond the normal time frame. In this case, you can go to the labor department to file a lawsuit and get your wages back.

1. Present relevant evidence to the labor department for prosecution.

After a company has made a resignation, if the company has been in arrears of wages and has been in arrears for more than normal. In this case, you can come up with relevant evidence, such as salary card records, or some chat records with the company's finance, to put it simply, you can come up with evidence that can prove that you did not get the relevant wages within the specified time, and go to the relevant labor department to prosecute. In this way, you can generally get your own salary.

2. It is a mistake for the company to continue to pay wages.

In fact, for any company, if the employee resigns, it is not able to pay the employee within the specified time, which is a wrong behavior. However, due to some reason, the company is unable to pay wages to the departing employees in a timely manner at the specified time, and can communicate with the relevant departing employees and reach a consensus through communication, it is possible to postpone the time for paying wages. <>

3. My personal opinion.

I think that after resigning from the company, it is generally desirable to be able to settle the relative salary as soon as possible. And after settling the relevant salary, you will start the process of looking for a new job, and in the process of finding a new job, you will not be troubled by the salary of the previous company. Therefore, I personally think that for any company, it should do its best to pay the resigned employees within the specified range.

If the resigned enterprise does not pay wages and the negotiation fails, it can complain and report to the labor administrative department, or it can file a labor arbitration. If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears in medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle the matter in accordance with law. Legal basis:

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.

Labor arbitration can be conducted, and a lawsuit can be filed against the company. Wage deduction or non-payment is illegal, and most of the labor arbitration in this case is won by the employee, and the company will settle out of court in order to save trouble, so directly suing the company is the most effective way.

You can go to the company's accountant to negotiate and solve it, and if it still can't be resolved, call 12315 consumer complaints** to protect your rights.

I think the best way is to collect evidence and then go to the labor bureau to apply for labor arbitration, so that you can get your own salary.

Legal analysis: China's laws stipulate that it is illegal for the company to fail to pay wages in time after renting a family who resigns. Workers can file a complaint with the local labor inspection brigade or apply to the labor arbitration commission for labor arbitration.

Secondly, it can also be resolved through negotiation with the company. The employee can also terminate the employment contract at any time, and at the same time require the company to pay the employee some arrears of wages. If he is not satisfied with the arbitration result, he can appeal to the court within 15 days of receiving the arbitration letter.

Legal basis: Article 19 of the Labor Dispute Mediation and Arbitration Law Article 19 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.Workers can search and find the personnel department and financial department of the unit first, and request the payment of wages that should be paid but not paid with the resignation certificate.

2.If the employer unreasonably refuses to pay, it shall apply for labor arbitration to the labor arbitration institution where the employer is located with evidence that can prove the existence of a labor concession and bridge relationship, such as the arbitration application, identity certificate, labor contract or agreement, as well as the resignation certificate and relevant materials of wage arrears.

If the employee wants to terminate the labor contract immediately and request the payment of compensation, he or she may notify the employer in writing to terminate the labor contract on the grounds that the employer is in arrears of labor remuneration, and the termination on this ground can also be terminated immediately upon notice and compensation, provided that the employee provides evidence to prove the existence of the fact that the labor remuneration has not been paid in full.

The standard of compensation is "paid to the employee according to the number of years of service in the employer, and the standard of one month's salary for each full year." If the Linghu is more than six months but less than one year, it shall be calculated as one year; if it is less than six months, it shall be calculated as half a year".

The worker should go to the post office and use the EMS express "Notice of Termination of Labor Relationship", and the name of the employer should be written in the recipient's unit, and the recipient is the personnel department of the employer, and the name of the legal representative should be written in the absence of the personnel department. The item column on the mailing slip indicates that it is "Notice of Termination of Labor Relationship, Reason for Termination: The Employer Exists in Article 38 of the Labor Contract Law", and the Postal Slip should be retained to prove that the notice of termination has been submitted.

If the employer refuses to pay wages or economic compensation, the employee may apply for labor dispute arbitration to claim payment of wages and economic compensation.

1. What should I do if the company is in arrears of wages after resignation and has not paid it for a long time.

1. The handling of the company's arrears of wages after resignation is as follows:

1) Negotiate with the company and request the company to pay the arrears of wages on time and in full;

2) Negotiate the termination of the labor contract relationship and demand the payment of wages and economic compensation;

3) Apply for labor arbitration, if the company still refuses to implement the labor arbitration result, it can file a lawsuit with the court to apply for a payment order.

2. Legal basis: Article 88 of the Labor Contract Law of the People's Republic of China.

Legal Responsibility for Infringing on the Personal Rights and Interests of Workers] Where an employer has any of the following circumstances, it shall be given an administrative penalty in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law; If damage is caused to the worker, he shall be liable for compensation:

1) Forced labor by means of violence, threats, or unlawful restriction of personal freedom;

2) Directing or forcing risky operations in violation of rules and regulations, endangering the personal safety of workers;

3) Insulting, corporal punishment, beating, unlawful searching, or detaining laborers;

4) The labor regulations are bad, the environmental pollution is serious, and the physical and mental health of the laborers is seriously harmed.

2. What is the process of filing a court lawsuit for wage arrears?

The process of filing a court lawsuit for wage arrears is as follows:

1. Write the indictment, explain the indictment and the situation of the parties before the application is clear;

2. After the plaintiff's application is rolled down, it is necessary to review the actual situation and decide whether to file the case;

3. The trial will not begin until the case is filed.

1. Negotiate with the person in charge of the company, and negotiate to solve the problem if you can negotiate it. 2. If the negotiation fails, you can go to the local labor inspection brigade to complain; 3. You can go to the Labor and Personnel Dispute Arbitration Commission to apply for labor arbitration, and require the enterprise to pay employees' wages and other bad filial piety. Legal basis:

Interim Provisions on Payment of Wages Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the wages of the employee in full at the time of dissolution or termination.

The handling of the company's arrears of wages after resignation is as follows:

1) Negotiate with the company and request the company to pay the arrears of wages on time and in full;

2) Negotiate the termination of the labor contract relationship and demand the payment of wages and economic compensation;

3. To apply for labor arbitration, if the company still refuses to enforce the labor arbitration result, it can file a lawsuit with the court to apply for a payment order.

What is the process for filing a court lawsuit for unpaid wages?

The process of filing a lawsuit in the court for arrears of wages before the disturbance of the sun is as follows:

1. Write the indictment, explain the indictment and the situation of the parties before applying;

2. After the plaintiff makes an application, it is necessary to review the actual situation and decide whether to file the case;

3. The trial will not begin until the case is filed.

Legal basis:Article 88 of the Labor Contract Law of the People's Republic of China.

Legal Responsibility for Infringing on the Personal Rights and Interests of Workers] Where an employer has any of the following circumstances, it shall be given an administrative penalty in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law; If damage is caused to the worker, he shall be liable for compensation:

1) Forced labor by means of violence, threats, or unlawful restriction of personal freedom;

2) Directing or forcing risky operations in violation of rules and regulations, endangering the personal safety of workers;

3) Insulting, corporal punishment, beating, unlawful searching, or detaining laborers;

4) Poor working conditions and serious environmental pollution, causing serious damage to the physical and mental health of workers.