Which department to complain to when encountering wage arrears?

Whoever hires you to work, and whoever pays you, sue him.

If you have not signed a labor contract, the employer shall pay you double your salary, make up social insurance, and pay economic compensation for the termination of the labor relationship (see Article 1 of the Labor Contract Law and Article 1 of the Regulations for the Implementation of the Labor Contract Law for details). The key point is evidence, which requires evidence that you have an employment relationship with the employer. As for the number of hours worked, the monthly salary, etc., the employer can prove it by using the principle of "reversal of the burden of proof", and if the employer cannot prove it, it will bear adverse consequences.

Reversal of the burden of proof" is widespread in the field of labor law. Article 1 of the Law on Mediation and Arbitration of Labor Disputes, Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I), Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III), Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, and Article 2 of the Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations. Wage payment vouchers, social security records, recruitment registration forms, registration forms, attendance records, etc., can all require the employer to bear the burden of proof.

If you want to fully protect your legitimate rights and interests, it is recommended that you read the Labor Law, the Labor Contract Law, the Regulations for the Implementation of the Labor Contract Law and the Social Insurance Law, so that you can know what aspects the employer has violated your rights and interests, which will benefit you for the rest of your life.

For details of the time of payment of wages upon termination of the labor contract (or labor relationship), please refer to Article 9 of the Interim Provisions on Payment of Wages, and for details of Article 50 of the Labor Contract Law, the time of payment of severance is detailed. If the payment is not made on time, it can be handled in accordance with Article 1 of the Measures for Economic Compensation for Breach and Termination of Labor Contract or Article 85 of the Labor Contract Law. The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department.

Look at me above, and only after finding the content involved in the title of the book can you fully understand what I mean.

My Space has the legal provisions mentioned above, which you can check out.

Labor Arbitration, Labor Inspection Brigade.

Legal analysis: Wage arrears to the labor and social security administrative department. If the employer fails to pay the wages of the employee on time or in insufficient amount, the worker can resolve the matter through the labor security supervision department or the court, so as to protect his or her legitimate rights and interests.

Legal basis: Article 48 of the Labor Law of the People's Republic of China 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.

Legal analysis: It is possible to build a bridge to report to the local labor law enforcement department, and the law enforcement inspectors of the labor department will help coordinate and solve the problem; You can also go to the labor dispute arbitration institutions in various places to apply for arbitration, and if you are not satisfied with the arbitration, you can also go to the people's court to sue and enforce it; If you can't afford to pay for the lawsuit, you can also apply for a waiver of legal fees. In short, with the help of ** and the law, you should get the remuneration you deserve.

Legal basis: Interim Provisions of the People's Republic of China on the 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 arbitration authority for the elimination of labor disputes 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.

1. Any organization or individual has the right to report to the administrative department of human resources and social security for violations of labor and social security laws; Workers have the right to lodge a complaint with the administrative department of human resources and social security against the employer's violation of labor security laws and infringement of their legitimate rights and interests.

2. If the violation of labor security laws, regulations or rules has not been discovered by the labor and social security administrative department within 2 years, nor has it been reported or complained, the labor and social security administrative department will not investigate and deal with it. The time limit shall be calculated from the date of occurrence of the violation of labor security laws, regulations or rules; Where violations of labor security laws, regulations, or rules are continuous or continuous, it is calculated from the date on which the act ends.

Article 27 of the Law on Mediation and Arbitration of Labor Disputes stipulates that the limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

According to the provisions of Article 91 of the Labor Law of the People's Republic of China, if an enterprise owes wages to its employees, the labor administrative department will warn the enterprise and order it to make corrections, pay wages and economic compensation. It is also possible to apply directly for labor arbitration.

1. The Labor Bureau is the leading organization in China, including the Labor Branch Bureau and the Labor and Employment Service Center. The main responsibilities of the labor branch are to implement the national and provincial and municipal policies, laws and regulations related to labor work, and organize the implementation of the labor development plan and annual plan formulated by the city. The main tasks of the labor and employment service center are responsible for the development and utilization of labor resources, the employment of urban and rural labor force, and the specific service work of mobile employment within the jurisdiction.

Responsible for comprehensive and planning work; Responsible for secretarial and administrative matters; Responsible for the guidance and coordination of the construction of employment service institutions in the township; Responsible for the construction of labor market information network; Responsible for employment statistical analysis; Responsible for scientific and technological research and promotion and application of achievements in the field of labor and employment, as well as publicity and education; Responsible for the specific implementation of foreign exchange and cooperation projects in the field of labor and employment.

2. Undertake the specific work of the development and utilization of urban and rural labor resources, policy-based employment placement, and mobile employment services; Responsible for the specific service work of unemployed employees; Responsible for the service of contract employees recruited by administrative, public institutions and municipal enterprises under the collective ownership of the whole people; Entrusted to undertake the approval of employment declaration, recruitment of workers from other provinces and recruitment advertisements; Entrusted to guide and coordinate the employment service agencies in the township to carry out employment service work; Entrusted to be responsible for the management and service of labor service offices in other provinces and cities in Dongguan; Responsible for labor poverty alleviation and labor cooperation.

3. Entrusted to be responsible for the guidance and supervision of the administrative fees of the labor and employment service system and undertake specific business work; Responsible for the verification and payment of temporary worker deployment fees; Responsible for the management of employment support services such as labor market construction expenses, reemployment subsidies, and job transfer training expenses; Responsible for the guidance, coordination and financial supervision of the fund management of labor and employment service agencies. In accordance with the plan for the reform of State institutions, the name of the Labor Bureau has been changed twice, the last time to the Labor and Social Security Bureau, and in 2008, the Personnel Bureau and the Labor and Social Security Bureau were merged to form a new Human Resources and Social Security Bureau. After the reform, the Ministry of Human Resources and Social Security of the People's Republic of China can refer to the Ministry of Human Resources and Social Security for job responsibilities, internal institutions, and staffing.

Complaints from the labour inspectorate.

1. Which department to find for wage arrears complaints and wage arrears.

1. Complaints about wage arrears and wage arrears shall be complained to the labor administrative department, and the department shall order the payment within a certain period of time;

2. You can apply to the labor arbitration commission for arbitration, and if you are not satisfied with the arbitration award, you can file a lawsuit in accordance with the law.

3. The basis of the law cover type law:

Article 9 of the Regulations on the Supervision of Labor and Social Security stipulates that any organization or individual has the right to report to the administrative department for labor security any violation of laws, regulations or rules on labor security.

Article 5 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration provides that in the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; A person who is dissatisfied with an arbitral award may file a lawsuit in the people's court, except as otherwise provided in this Law.

If a complaint is filed with the labor inspection department for wage arrears, the employer shall pay the employee the labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract and national regulations. 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 basis

Article 9 of the Labor Dispute Mediation and Arbitration Law stipulates that if an employer violates the provisions of the National Health and Management Committee by defaulting on or failing to pay labor remuneration in full, or defaulting on medical expenses, economic compensation or compensation for work-related injuries, the employee may file a complaint with the labor administrative department, which shall handle it in accordance with the law.

Wage arrears can be solved by the labor bureau department:

1) Complain and report to the local labor and social security inspection agency.

2) To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application must be submitted to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute.

3) Resolve through litigation. This is divided into three situations: first, for labor dispute cases, if any party is dissatisfied after labor arbitration, it can file a lawsuit with the court; Second, if the employer does not enforce the labor arbitration award after the arbitration award takes effect, the migrant worker may apply to the court for compulsory enforcement; Third, those who belong to the category of labor arrears can directly file a civil lawsuit with the court.

Article 85 of the Labor Contract Law of the People's Republic of China 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 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.