The factory has been closed for two months, and what should I do if I am in arrears of wages from Au

Wages are paid monthly, and it is illegal to pay them every other month, and it is legal to pay this month's wages next month. If you are in arrears of wages, you can call 12333** to complain if you do not pay wages or deduct wages, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade.

Since the company fails to pay labor remuneration on time, the party concerned may apply for termination of the labor contract and labor relationship, and demand economic compensation. The parties concerned may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages, and if the labor inspection brigade fails to coordinate with the employee, the worker may apply for labor arbitration. If the labor arbitration conclusion is refused, it may apply to the court for compulsory enforcement.

Article 85 of the Labor Contract Law: In any of the following circumstances, the labor administrative department shall order the employer 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.

Borrow living expenses from your boss.

The way to recover the arrears of wages after the factory closes down is as follows:

1. The parties can negotiate with the unit to settle the salary, and pay economic compensation, and pay one month's salary for one year of work;

2. If the negotiation fails, you can apply for arbitration, and you can file a lawsuit after the arbitration;

3. The company's property should be used to repay the labor remuneration and related compensation of the workers in priority over the company's shareholders and other general creditors, so it is necessary to control the property not to be concealed or transferred;

4. Subsequently, if you do not want to initiate arbitration, you can report the problem to the labor department, and the problem can be solved through negotiation

1) Not only to keep the evidence of their current salary amount and welfare benefits;

2) In addition, the employer must provide proof of the amount of wages, benefits, and other supporting materials of the employee who has the same position as his own.

5. If it is found that the boss is hiding or transferring assets and refuses to pay labor remuneration

1) It is a crime to reach a certain amount, and the labor inspection department will order it to pay;

2) If the payment is still not made, the judicial authorities will take measures to make them bear criminal and civil liability.

Legal basisArticle 113 of the Enterprise Bankruptcy Law of the People's Republic of China.

The bankruptcy estate shall be paid off in the following order after the bankruptcy expenses and common debts have been paid off first:

1) The wages and medical treatment, disability allowance and bereavement expenses owed by the bankrupt person to the employees, the basic endowment insurance and basic medical insurance expenses that should be transferred to the employees' personal accounts, and the compensation that shall be paid to the employees under laws and administrative regulations;

2) the social insurance premiums owed by the bankrupt person other than those provided for in the preceding paragraph and the taxes owed by the bankrupt person;

3) Ordinary bankruptcy creditor's rights.

If the bankruptcy estate is insufficient to satisfy the claims in the same order, it shall be distributed proportionately.

The salaries of directors, supervisors and senior managers of a bankrupt enterprise shall be calculated on the basis of the average wages of the employees of the enterprise.

Legal analysis: If the employer is in arrears of wages, the employee can first negotiate with the employer to deal with it, and if the negotiation fails, the employee can report to the local labor inspection administrative department, and the labor bureau can also apply for labor arbitration. If the labor arbitration conclusion is refused, it may apply to the court for compulsory enforcement.

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 worker 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 wages and remunerations higher than the wages of the workers for normal working hours in accordance with the standards of the lower promotion and promotion: (1) If the workers are arranged to work longer hours, they shall pay wages and remunerations not less than 150 percent of the wages and remunerations of the workers; (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.