What complaints from the Labor Bureau are private bosses most afraid of wage arrears?

1. You can go to the local labor bureau to complain about the labor inspection.

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.

3. Apply to the court for a payment order or go directly to the court to file a labor lawsuit to recover your wages.

Legal basis] Article 9 of the Labor Dispute Mediation and Arbitration Law provides that 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 deal with it in accordance with the law.

Private bosses are most afraid of complaints from labor inspectors from labor bureaus for wage arrears.

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.

Legal Analysis: If the labor administrative department orders corrections and gives a warning to the worker for the damage caused, he shall be liable for compensation.

If the employer fails to pay the labor remuneration or economic compensation in accordance with the law, and the labor administrative department orders the employer to pay the labor remuneration, overtime pay or economic compensation within a specified period of time if the remuneration is lower than the local minimum wage standard, it shall pay the difference and fails to pay the difference within the period, and order the employer to pay additional compensation to the employee at the rate of 50% to 100% of the amount payable. There are three kinds of penalties imposed by the Labor and Social Security Bureau: 1. Correct mistakes, such as paying wages to enterprises in arrears, 2. Enterprises that refuse to perform the penalties of the Labor and Social Security Bureau, may give the business license of the enterprise that will be revoked 3.

Legal basis: Article 18 of the Interim Provisions on the Payment of Wages The labor administrative departments at all levels of the government have the right to supervise the payment of wages by the 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 arrears of wages for workers without reason, 2) refusing to pay wages for extended working hours, and 3) paying wages to workers below the local minimum wage. The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

Wage deduction is suspected of violating the law, and you should first go to the labor bureau to complain, and if the labor bureau thinks that there is a dispute, you should go to labor arbitration. Labor arbitration bench adjudication refers to the arbitration commission of labor disputes in which the parties apply for arbitration in the middle of the arbitration and adjudication of labor disputes. In China, labor arbitration is a necessary procedure for parties to a labor dispute to file a lawsuit in the people's court.

According to the Labor Dispute Mediation and Arbitration Law, the party initiating labor arbitration shall submit a written application to the Labor Dispute Arbitration Commission within one year from the date of occurrence of the labor dispute. Unless the parties are state parties due to force majeure or other legitimate reasons, the arbitration commission shall not accept the application if the application for arbitration exceeds the statute of limitations prescribed by law. 1. During the existence of the labor relationship, if a dispute arises due to arrears of labor remuneration, the employee's application for arbitration shall not be subject to the limitation period of arbitration; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

In many labor disputes, the termination time of the employment relationship plays an important role in whether the case can enter the substantive trial. Therefore, both the employer and the employee must be prepared accordingly in terms of evidence or cross-examination of the termination of the labor relationship when responding to a labor dispute. 2. In principle, the labor arbitration commission should not take the initiative to review the issue of the statute of limitations for labor arbitration.

This is because the statute of limitations for arbitration is governed by the statute of limitations, and it is a procedural issue that is ignored. If the opposing party does not mention the limitation period in court, the labor arbitration commission should not take the initiative to examine the issue. However, unfortunately, it is not uncommon for labor arbitration commissions to take the initiative to review the statute of limitations for arbitration in arbitration practice, and the existence of such phenomena cannot be entirely attributed to the inaccuracy of the judicial standards of some labor arbitration commissions, but also to the unreasonable layout of the provisions of the Labor Dispute Arbitration Law itself.

The issue of the statute of limitations for labor dispute arbitration is directly stipulated in the "Section 2 Application and Acceptance" chapter of the Labor Dispute Arbitration Law, and it is easy for the arbitration commission to take the limitation period as a condition for whether to accept labor dispute arbitration.

Individual bosses can complain to the labor bureau if they do not pay wages, and individual bosses also fall within the management scope of the labor bureau, and the labor bureau can deal with them in accordance with the law. However, in the event of wage arrears, applying for labor arbitration is a better way to protect rights.

[Legal basis].Article 4 of the Law on Mediation and Arbitration of Labor Disputes.

In the event of a labor dispute, the employee may negotiate with the employer, or ask the labor union or a third party to negotiate with the employer to reach a settlement agreement.

Article 5. 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.

If the labor administrative department obliges the labor administrative department to change the grinding order and gives a warning to the worker and causes damage, it shall be liable for compensation. If the employer fails to pay labor remuneration or economic compensation in accordance with the law, the labor administrative department shall order the payment of labor remuneration, overtime pay or economic compensation within a time limit, and the labor remuneration is lower than the local minimum wage standard.

If the labor administrative department orders corrections and gives a warning to the worker for the damage caused, he shall be liable for compensation. If the employer fails to pay the labor remuneration or economic compensation in accordance with the law, and the labor administrative department orders the employer to pay the labor remuneration, overtime pay or economic compensation within a specified period of time if the remuneration is lower than the local minimum wage standard, it shall pay the difference and fails to pay the difference within the period, and order the employer to pay additional compensation to the employee at the rate of 50% to 100% of the amount payable. There are three types of penalties imposed by the Labor and Social Security Bureau:

1. Correct mistakes, such as paying wages to the enterprise that owes the Yancong salary, 2. The enterprise refuses to perform the penalty provisions of the Animal Security Bureau, and the business license of the enterprise may be revoked.

3. The department shall impose certain fines and penalties on the person in charge of the enterprise.

1. The maximum number of months in arrears of wages shall not be allowed.

Those who fail to perform their wage obligations as agreed in the contract may file a complaint with the labor administrative department, which shall order them 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.

Second, migrant workers in arrears of wages can be sued.

If migrant workers are in arrears of wages, they may file a complaint with the local labor inspection brigade or labor bureau. Wage arrears can choose to protect their rights by filing labor arbitration. If the labor remuneration is not paid 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 payment of 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.

Article 18 of the Interim Provisions on the Payment of Wages Article 18 The labor administrative departments at all levels of the government 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 arrears of the employee's wages without reason, (2) refusing to pay the employee's wages for extended working hours, and (3) paying the employee's wages below the local minimum wage standard.

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.