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Legal analysis: If the company has not paid wages in arrears, it can first negotiate with the company or reach a settlement, and if the negotiation fails or cannot reach a settlement, you can apply to the mediation organization for mediation; It is also possible to apply to the labor dispute arbitration commission for arbitration, and if you are not satisfied with the arbitration award, you can file a lawsuit with the people's court. According to the law, the employer shall pay the labor remuneration of the employee in full, and if the employer fails to pay the labor 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 labor remuneration, overtime pay or economic compensation within a time limit.
Legal basis: 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.
Article 5 of the Labor Dispute Mediation and Arbitration Law 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; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
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The solution to the non-payment of unpaid wages:
1. Complain and report to the local labor and social security supervision agency.
2. Apply to the local labor dispute arbitration commission for arbitration.
3. Resolve through litigation.
According to the provisions of the state, in the case of arbitration or litigation, in addition to the full payment of the employee's wages and remuneration within the prescribed time, an additional economic compensation equivalent to 25% of the wages and remuneration shall be paid. Unjustified wage arrears is the act of an employer defaulting on the employee's wages without any legitimate or even reasonable reason.
Acts of delaying or underpaying employees' wages. Unjustified wage arrears are not legal, and if there is a contract between the parties, the party owed can take the other party to court. If the employer fails to pay the employee in full and in a timely manner, the employee may terminate the labor contract.
Workers should pay attention to the following in the protection of their rights against wage arrears
1. Confirm the facts of the labor relationship with the unit, such as payroll, attendance records, and documents in the process of work.
2. After confirming the labor relationship, you can negotiate with the boss and ask the employer to pay back wages for the illegal behavior of the unit in arrears of wages.
3. If the negotiation fails, bring the relevant materials to the labor bureau to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration.
4. If the amount of arrears of wages is relatively large, you can directly ask a lawyer to file a lawsuit and recover the arrears of wages through litigation.
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If the company has not paid wages in arrears, it can first negotiate with the company or reach a settlement, and if the negotiation fails or cannot reach a settlement, you can apply to the mediation organization for mediation; It is also possible to apply to the labor dispute arbitration commission for arbitration, and if you are not satisfied with the arbitration award, you can file a lawsuit with the people's court. According to the law, the employer shall pay the labor remuneration of the employee in full, and if the employer fails to pay the labor 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 labor remuneration, overtime pay or economic compensation within a time limit. Article 85 of the Labor Contract Law of the People's Republic of China Where 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. Article 5 of the Labor Dispute Mediation and Arbitration Law 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; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
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1.Report to the labor administrative department (usually the labor management inspection brigade).
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.According to the provisions of the state, in the event of arbitration or litigation, you may request that the wages and remuneration of the employee be paid in full within the prescribed time, and that an additional economic compensation equivalent to 25% of the wages and remuneration be paid. (See the reference section for the specific legal basis).
Article 1 These measures are formulated in accordance with the provisions of the "Labor Law of the People's Republic of China" in order to standardize the standard of economic compensation for workers who violate or terminate labor contracts.
Article 2 The severance payment to a worker shall be paid in a lump sum by the employer.
Article 3 If an employer deducts or defaults on the wages of a laborer without reason, or refuses to pay the wages and remuneration of the laborer for extended working hours, in addition to paying the worker's wages and remuneration in full within the prescribed time, it shall also pay an additional economic compensation equivalent to 25 percent of the wages and remuneration.
Circular of the Ministry of Labor on Printing and Distributing the Interim Provisions on Payment of Wages.
Ministry of Labor No. 1994 No. 489.
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) 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 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.
Article 15 An employer shall have any of the following circumstances.
1. If the employee is compelled to terminate the labor contract, the employer shall pay the employee labor remuneration and economic compensation, and may pay compensation
1) Forced labor by means of violence, threats, or unlawful restriction of personal freedom;
2) Failure to pay labor remuneration or provide labor conditions in accordance with the provisions of the labor contract;
3) Deducting or defaulting on the wages of workers without reason;
4) Refusal to pay wages and remuneration for extended working hours;
5) Paying wages to workers lower than the local minimum wage standard.
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Answer: Hello, answer legal analysis: 1. Report to the labor administrative department; 2. You can also apply for arbitration directly; 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.
Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
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If the company is in arrears of wages, the employee can collect evidence of his employment at the company, file a complaint with the local labor inspection department, or file a civil lawsuit directly in the court to settle the matter.
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The company has been in arrears of wages, you first collect evidence and complain to the labor bureau, and the processing will be fast, and it will take a long time to process without evidence, and you will feel uncomfortable.
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Unpaid wages by companies is a very common problem. You can report it to the labor administrative department. It's best to negotiate with the company for faster efficiency. If the negotiation fails, you can call 12333** to complain.
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You can directly take the evidence to the local labor inspection brigade to complain and report.
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If the company is in arrears of wages, it can file a complaint with the labor administrative department or apply to the labor arbitration commission for arbitration.
According to Article 9 of the Labor Dispute Mediation and Arbitration Law, if an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of 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.
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First of all, you can negotiate with your boss to solve the problem. If you can't reach an agreement, you can go to your local labor bureau to apply for arbitration and report.
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You can go to your local labor inspection brigade, which is also known as the labor office. Alternatively, you can go to your local labor arbitration board.
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This can be complained, and the local labor inspection department will solve the complaint for you.
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Communicate with your boss first, and if you can't communicate, go to the labor bureau to report the situation, and if you can't do it, you can protect your rights and interests in law.
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Wage arrears are illegal, and workers can file a complaint with the local labor inspection brigade or apply for labor arbitration to protect their legitimate rights and interests.
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You can choose to report to the police, or you can go to the Social Labor and Social Security Bureau for help to ask for wages.
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File a complaint with the Labor Arbitration Commission or the Labor Inspection Brigade.
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In this case, you can consult with the labor department. Can give you good advice.
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The evidence is conclusive to the labor arbitration lawsuit.
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If you really can't do it, if you don't give it, you will go to the labor bureau to sue him, or you will go to the court.
If the employer is in arrears of wages, the employee can file a complaint with the labor administrative department or directly apply for labor arbitration. If you complain to the labor administrative department, you should go to the labor inspection brigade in the urban area to complain about the company's wage arrears, and the labor inspection brigade will accept it, leave the relevant information of the complainant, and then contact the complained company to investigate and understand, if the situation is true, the labor inspection brigade will come forward to mediate, and require the complained company to correct its violation of the labor law and other relevant laws and regulations within a time limit, if the company refuses to implement, the labor inspection brigade will apply to the court for compulsory enforcement, and punish the unit. Wage arrears are a common problem that employees can solve with the following methods: >>>More
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