How long does it take for the Labor Bureau to get paid?

You can go to your local labor inspection brigade and complain that the company is not paying you wages. Of course, you must have the appropriate evidence to prove that you have a de facto employment relationship with the company. For example, labor contracts, salary slips, work permits, when you joined the company, etc., to protect your own legitimate rights and interests.

Hope it helps.

1. If the employer is in arrears of wages, it may file a complaint with the local labor inspection brigade, and the handling shall be completed within five working days according to the regulations.

2. Several Provisions on the Implementation of the Regulations on the Supervision of Labor Security

Article 18 The administrative department for labor and social security shall, within 5 working days from the date of receipt of the complaint, accept the complaint in accordance with law within 5 working days from the date of receipt of the complaint, and file the case for investigation and punishment on the date of acceptance:

1) The violation of the labor security law occurred within 2 years;

2) There is a clear employer against which the complainant is complained, and the infringement of the complainant's lawful rights and interests is caused by the violation of the labor security law by the respondent employer;

3) It falls within the scope of labor security supervision and is under the jurisdiction of the labor security administrative department that accepts the complaint.

The administrative department for labor and social security shall, within 5 working days from the date of receipt of the complaint, decide not to accept the complaint that does not comply with the provisions of item (1) of the first paragraph, and notify the complainant in writing.

For complaints that do not comply with the provisions of paragraph 1 (2), the labor and social security supervision agency shall inform the complainant to supplement and correct the complaint materials.

For complaints that do not comply with the provisions of subparagraph (3) of the first paragraph, that is, complaints that do not fall within the scope of the labor security supervision, the labor security supervision agency shall inform the complainant; For complaints that fall within the scope of labor security supervision but are not within the jurisdiction of the labor and social security administrative department that accepts the complaint, the complainant shall be informed to submit it to the relevant labor and social security administrative department.

Legal analysis: If a complaint is filed with the Labor Bureau, the Labor Bureau shall accept it on the spot if it meets the conditions for filing a case after review. After acceptance, mediation will be conducted first, and the time for mediation will be 15 days.

If the mediation fails, if the employee requests arbitration, the labor dispute arbitration commission shall serve a copy of the arbitration application to the respondent within five days. The specific number of days you can get your salary depends on the development of the case.

Legal basis: Labor Dispute Mediation and Arbitration Law

Article 14: Where an agreement is reached through mediation, a mediation agreement shall be drafted. The mediation agreement shall be signed or sealed by both parties, and shall take effect after being signed by the mediator and affixed with the seal of the mediation organization, and shall be binding on both parties and shall be performed by the parties. If no mediation agreement is reached within 15 days from the date on which the labor dispute mediation organization receives the request for mediation, the parties may apply for arbitration in accordance with law.

Article 29 After the labor dispute arbitration letter or the committee accepts the arbitration application, it shall deliver a copy of the arbitration application to the respondent within five days. After receiving a copy of the arbitration application, the respondent shall submit a statement of defence to the labor dispute arbitration commission within 10 days. After receiving the statement of defense, the labor dispute arbitration commission shall send a copy of the statement of defense to the applicant within five days.

If the respondent fails to submit a statement of defence, it shall not affect the conduct of the arbitration proceedings.

Ask the labor bureau to issue a decision of inadmissibility, file a lawsuit in court, and apply to the court to seize the company's property and claim the payment of wages. Case-by-case analysis.

1. What should I do if I resign and press one month's salary?

If the employer refuses to pay the employee's wages, the employee may file a complaint with the local labor inspection department or apply for labor arbitration. If wages are not paid in time, there are two ways to request payment of wages: 1. The worker can file a complaint with the local labor bureau for labor inspection; Pros:

It's simple. Disadvantages: Enforcement may not be very strong in various places; 2. You can apply for arbitration at the local labor bureau and demand payment of wages.

If the labor contract is not signed, you can also ask the relatives to pay double the salary of the unsigned labor contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments. Pros:

In addition to wages, financial compensation, double wages, etc., can also be claimed, and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

2. What should I do if the company's employees delay the payment of wages for one month because of resignation?

If an employee resigns, the employer shall pay the employee all wages in a lump sum when the labor contract is terminated. It is illegal to delay the payment of wages for one month. If wages are not paid in a timely manner, there are two ways to claim wages:

1. Workers can complain to the local labor bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;

2. You can apply for arbitration at the local labor bureau and demand payment of wages. If you do not have an employment contract, you can also demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

Advantages: In addition to wages, you can also claim economic compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

3. How to calculate the salary of a temporary worker who is fired in the factory.

Temporary workers in factories are also paid if they are dismissed, and if they are not paid, they can go to the labor bureau to apply for labor arbitration or go to court to sue the company. Temporary wages should be paid in accordance with the agreement between the parties. 1. The wages of temporary workers hired by the company can be paid in cash or in the form of bank transfer; 2. As long as there is a labor relationship with the employer, as long as the labor is paid, the labor remuneration shall be paid.

Article 5 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China provides that 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.

Legal analysis: Let the labor bureau issue a decision of inadmissibility, file a lawsuit in the court, apply to the court to seize the company's property, and claim the payment of wages. Case-by-case analysis.

Legal basis: Article 5 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes In the event of a labor dispute, if the parties are inadvertently willing 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.

After the labor bureau, you can generally get it in two to three months, depending on the situation. After the process of getting wages from the Labor Bureau:

1. Collect relevant evidence, such as labor contracts, task completion records, and other evidence that can prove the existence of labor relations between the applicant and the employer;

2. After obtaining these vouchers, you can negotiate with the person in charge of the employer with these vouchers and ask the other party to pay the wages and remuneration you deserve;

3. If the employer continues to default on or deduct wages without reason, inform the person in charge of the employer that it will solve the problem through legal means. Complain directly to the District Labor and Social Security Bureau with relevant evidence. The investigation of violations of labor security laws by the Ministry of Social Security Administration shall be completed within 60 working days from the date of filing the case; If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the labor and social security administrative department.

Legal basis]:

Article 41 of the Labor Law of the People's Republic of China.

After the parties apply for labor dispute arbitration, they may settle on their own. If a settlement agreement is reached, the application for arbitration may be withdrawn.

Article 42.

The arbitral tribunal shall mediate before making an award.

If an agreement is reached through mediation, the tribunal shall draft a mediation document.

The conciliation statement shall state the request for arbitration and the outcome of the agreement between the parties. The mediation statement shall be signed by the arbitrator, stamped with the seal of the labor dispute arbitration commission, and served on both parties. The mediation statement shall take legal effect after being signed and received by both parties.

If you go to the labor bureau to apply for arbitration, it generally takes two to three months to get your salary. The arbitral tribunal's decision on a labor dispute case shall be concluded within 45 days from the date on which the arbitration application is accepted by the Labor Dispute Arbitration Commission. If the case is complicated and needs to be extended, with the approval of the chairman of the labor dispute arbitration commission, it may be extended and the parties may be notified in writing, but the extension period shall not exceed 15 days.

Legal basis]:Article 43 of the Law on Mediation and Arbitration of Labor Disputes.

The arbitral tribunal shall decide on a labor dispute case within 45 days from the date on which the labor dispute arbitration commission accepts the arbitration application. If the case is complicated and requires an extension, it may be extended with the approval of the chairman of the labor dispute arbitration commission and the parties may be notified in writing, but the extension period shall not exceed 15 days. If the arbitral award is not made within the time limit, the parties may file a lawsuit with the people's court on the labor dispute matter.

When the arbitral tribunal decides a labor dispute case, a part of the facts is already clear and it may make a preliminary decision on that part.