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If you are in arrears of wages, you can find the following departments to settle the problem:
1. Labor Inspection Brigade. After receiving a complaint, the Labor Inspection Brigade will issue a "Notice of Correction" to the person responsible for the refusal to pay wages, ordering the company to pay the employee's wages within a time limit.
2. Labor Arbitration Commission. If the complaint is not resolved, the employee can apply to the local labor arbitration commission for arbitration, and needs to provide relevant evidence.
3. People's courts. If the dispute is not resolved after labor arbitration, it is recommended that a lawsuit be filed in the court within 15 days from the date of the arbitral award. In addition, if you go to the court to file a lawsuit, you also need to provide corresponding evidence.
Interim Provisions on Payment of Wages".
Article 19. In the event of a labor dispute 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.
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Labor inspection complaints from the Labor Bureau.
Any organization or individual has the right to report violations of labor security laws to the administrative department of human resources and social security; 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.
The scope of the complaint includes:
1. The employer fails to formulate rules and regulations that directly affect the vital interests of the employee.
2. The employer has not established an employment management account.
3. The employer and the employee have not signed a labor contract, agreed on a probationary period and other necessary terms, failed to deliver the text of the labor contract, and failed to issue a certificate of dissolution or termination of the labor relationship.
4. The employer fails to implement the minimum wage standard, fails to pay the employee's wages, economic compensation and compensation.
5. The employer fails to comply with the relevant regulations on employment registration and filing, as well as the regulations on the employment of Taiwanese, Hong Kong and Macao personnel in the Mainland and the employment of foreigners in China.
6. The employer fails to comply with the special labor protection regulations for female employees and juvenile workers and the regulations on not prohibiting the use of child labor.
7. The employer fails to comply with the regulations on working hours, rest and vacation.
8. Failure of labor dispatch units and employers to comply with the relevant provisions of labor dispatch.
9. Vocational intermediary institutions, vocational skills training institutions and vocational skills assessment and appraisal institutions fail to comply with the relevant provisions on employment introduction, vocational skills training and vocational skills assessment and appraisal.
10. Medical institutions, drug business units and other social insurance service institutions fail to comply with the relevant provisions of social insurance.
11. The internship and trainee unit fails to comply with the laws and regulations on labor security for student internships and trainees.
12. As well as other labor security supervision and inspection matters stipulated by laws, regulations and rules.
In accordance with the Interim Regulations on the 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 laborer in full at the time of dissolution or termination.
Article 18 The labor administrative departments at all levels 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) Deducting 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 organ 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.
In order to avoid wage arrears, employees need to keep the proof of labor relationship. In addition, the situation of the employer's payment of wages will be recorded, and the future unit's failure to pay wages will be used as evidence.
The above content refers to: Encyclopedia - Interim Regulations on Payment of Wages.
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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.
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Analysis of the law of law guessing: the unit can complain about wage arrears. If an employer infringes upon the lawful rights and interests of an employee in any of the following circumstances, the labor administrative department shall order the employer to pay the employee's wages and economic compensation, and order the employer to pay compensation:
1. Deducting or arrears of wages for labor without reason;
2. Refusal to pay wages 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.
Legal basis: Labor Law of the People's Republic of China
Article 91 Where 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 defaulting on the wages of workers without reason.
2) Refusal to pay wages and remuneration for extended working hours;
3) Paying wages to workers at a rate lower than the local minimum wage.
4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.
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The employer owes wages to the labor inspection department to complain, and the specific methods are as follows:
1. Report to the labor administrative department;
2. You can directly apply for arbitration;
3. If you are not satisfied with the arbitration result, you can file a lawsuit in the court within 15 days after getting the arbitration letter;
4. In the case of arbitration or litigation, in addition to the full payment of the employee's wages and remuneration within the specified time, an additional economic compensation equivalent to 25% of the wages and remuneration shall be paid.
Legal basisArticle 9 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.
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.
What is the process of labor arbitration?
1. For arbitration application, the parties must submit a written application to the arbitration commission for arbitration;
2. The case is accepted, and the parties submit an application for labor arbitration to the arbitration commission;
3. An arbitration tribunal shall be formed, and an arbitration tribunal shall be formed within seven days from the date of filing of the labor dispute case decided to be accepted by the arbitration commission;
4. The arbitration commission has the right to require the parties to provide or supplement evidence for investigation and evidence collection;
5. Arbitration and mediation, on the basis of ascertaining the facts of the dispute, shall be presided over by the arbitral tribunal or arbitrator to mediate the labor dispute case in advance;
6. For the arbitral award, the arbitral tribunal shall send a written notice of the time and place to the parties five days before the award.
If you work in a company, then if you owe your salary, you have to find the company's internal staff and finance first, and if they don't give money, you continue to find the boss (shareholder) of the company. If they refuse to give money, they shall apply to the local labor arbitration commission for arbitration and demand payment of wages. >>>More
I have been working in the field for 5 months, I have not been paid until I quit last year's New Year, I am in arrears for three months, and I have been in contact with the manager over there, saying that the payment has not been paid until now, how can I get my salary back? Now people are local, not out of town.
It is the obligation of the employer to pay the labor remuneration in full and in a timely manner, and if the employer violates the agreement and deducts or arrears the wages of the employee without reason, it shall bear the corresponding responsibility. 1. If the employer deducts or arrears the wages of the employee without reason, or refuses to pay the employee the wages and remuneration for extended working hours, the employee may terminate the labor contract at any time by notifying the employer and request compensation from the employer. 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. >>>More
If the employer has deducted or defaulted on wages, it is recommended to report and complain to the local labor inspection brigade with jurisdiction to demand the arrears of wages. >>>More
Hello, if the employer only delays the payment of wages for a few days, it will generally not be supported to file a complaint with the labor inspection or apply for labor arbitration.