-
Which department to find for arrears of wages? (1) When faced with the employer's arrears of wages, the employee may report to the labor department and request the employer to compensate 50%-100% (see Article 85 of the Labor Contract Law); (2) Workers may also file a complaint with the labor and social security administrative department to request intervention and investigation; (3) or directly submit an arbitration application to the labor dispute arbitration commission. Legal Tips:
In addition to seeking relief from the relevant authorities, the employee can also choose to terminate the labor contract on his own initiative, because according to Article 38 of the Labor Contract Law, if the employer "fails to pay the labor remuneration in full and in a timely manner", the employee can terminate the labor contract at any time, and in this case, the employer is also required to pay the employee economic compensation in accordance with the statutory standards with reference to Article 46. If the employer does not agree, it can also seek assistance from the labor dispute arbitration commission and the people's court. In addition, Article 30 of the Labor Contract Law also stipulates that "if an employer is in arrears or fails to pay labor remuneration in full, the employee 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." ”
-
As long as the workers testify about the situation of the black mine and the arrears of wages, they can report their complaints to the relevant departments and request the management department to recover the arrears of wages.
-
Go to the labor bureau to sue him, but if you can't, you can sue him in court.
-
If an employer owes an employee wages, if the employee has an IOU, but the labor arbitration statute of limitations has expired for almost two years, the labor dispute arbitration commission will generally not accept it, and the employee has an IOU, and the employee shall file a civil lawsuit in the people's court where the employer is located in accordance with the law.
Labor Dispute Mediation and Arbitration Law
Article 27 The limitation period for applying for arbitration of labor disputes shall be 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.
The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.
Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.
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.
-
Appeal to the local labor inspection brigade and ask for a solution.
In accordance with the provisions of the Labor Law, wages are paid on a monthly basis. The salary of the previous month can be paid in the current month, but it is illegal to cross months; If the company is in arrears of wages, the employee can file a complaint with the labor inspection brigade, which will order the employer to pay wages within a time limit, and if the payment is not made within the time limit, additional compensation will be paid.
Article 50 of the Labor Law stipulates that wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Article 7 of the Interim Provisions on Payment of Wages stipulates that wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month.
Article 85 of the Labor Contract Law stipulates that in any of the following circumstances, the employer fails 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 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.
The labor administrative department shall order the payment of 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
Legal analysis: If the factory does not pay wages, the worker can call 12333** to complain, or he can complain to the inspection brigade of the labor bureau. If the complaint is ineffective, the employee can collect evidence to apply for labor arbitration, and if he is not satisfied with the award, he can also file a lawsuit with the local people's court. >>>More
1. If the worker works for the employer, there are two ways to request payment of wages: >>>More
If the employee has a dispute with the employer because of wage issues, it is best to directly apply for labor arbitration to protect their rights. >>>More
If the employer owes the wages to the employee, the employee has an IOU, but the labor arbitration commission will generally not accept the arrears of wages for almost two years, and the employee shall file a civil lawsuit in the people's court where the employer is located in accordance with the law. >>>More
Four years ago, I want you to do what I didn't have the courage to do.