What is the basis on which the company can terminate the labor contract if it is in arrears of wages

According to the provisions of the Labor Contract Law, if the employer deducts or defaults on the employee's wages without reason, the employee may terminate the contract without the approval of the employer.

Lawyer Bi Huabao.

Article 38 of the Labor Contract Law An employee may terminate a labor contract under any of the following circumstances: (1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failure to pay social insurance premiums for the employee in accordance with the law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of the employee; (5) The labor contract is invalid due to the circumstances specified in Paragraph 1 of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations. If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

The employment contract can be terminated and economic compensation can be claimed at the same time. The company may terminate the labor contract if it is in arrears of wages, and may terminate it at any time and demand wages, and the economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee'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.

The company may terminate the labor contract if it is in arrears of wages, and may terminate it at any time and demand wages, and the economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee'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 severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

1. What are the legal consequences of wage arrears?

1.The employee can terminate the contract.

If the employer fails to pay the employee the full amount of the remuneration when the employee fails to reach the hidden height, the employee may terminate the labor contract.

2.Payment of compensation.

If the employer fails to pay the employee's remuneration 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 remuneration within a time limit; If the employer pays the employee's wages lower than the local minimum wage standard, it shall pay the difference in the period; If the employer fails to pay within the time limit, the employer is ordered to pay compensation to the employee at the rate of more than 50% and less than 100% of the amount due.

2. What should I do if I am owed wages?

If the employer is in arrears of wages, he or she can file a complaint with the security supervision brigade of the labor department, or directly apply for labor arbitration.

First of all, you should go to the labor bureau in the city where you are located to file a complaint against the company, and the labor inspection brigade will file a case and leave basic information. Then go to the company to investigate and understand, if the matter is true, they will come forward to mediate, and warn the company that the behavior has violated labor laws and regulations, and they will enforce it when they encounter a company that refuses to implement it.

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

1. Report to the labor administrative department (usually the labor management and inspection team).

2. You can also apply for arbitration directly (the arbitration fee is 200-300 yuan, and if you win, all will be borne by the company).

3. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.

4. In accordance with the provisions of the state, in the case of arbitration or litigation, in addition to the full payment of the wages and remuneration of the worker within the specified time, an additional economic compensation equivalent to 25% of the wages and remuneration shall be paid.

Legal Analysis: If the employer fails to pay labor remuneration or provide labor conditions in accordance with the labor contract, the labor chain operator may terminate the labor contract at any time by notifying the employer.

Legal basis: Article 32 of the Labor Law of the People's Republic of China Article 32 Under any of the following circumstances, the employee may terminate the labor contract at any time by notifying the employer:

1) During the probationary period;

2) The employer uses violence, threats, or illegal restrictions on the personal freedom of the employer to force labor;

3) The employer fails to pay labor remuneration or provide labor conditions in accordance with the labor contract.