Settlement of wage arrears by the employer

If the employer is in arrears of wages, the employee must first negotiate with the employer, and if the negotiation cannot be resolved, the employee can resolve the matter through the following legal means:

Complain and report to the local labor and social security supervision department; To apply for arbitration to the local labor dispute arbitration commission, it should be noted that a written application must be submitted to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute; There are three types of situations to resolve the case through litigation: first, for labor dispute cases, after labor arbitration, a lawsuit can be filed with the court; Second, if the labor arbitration award takes effect after the arbitration is obeyed, and the employer does not enforce it, it may apply to the court for compulsory enforcement; Third, those who belong to the category of labor arrears can directly file a civil lawsuit with the court. In particular, it should be pointed out that when we encounter a situation where our rights and interests are infringed upon such as wage arrears, we must not resort to radical acts such as climbing buildings and blocking roads, or by means of violence, but must rely on legal means to solve the problem.

Otherwise, impulsiveness will not only be useless, but may also be held accountable for violating the law.

1. Report to the labor administrative department (usually the labor management and inspection team).

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. In arbitration or litigation, you may request that 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.

5. Article 2 of the Labor Dispute Mediation and Arbitration Law ???This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

1. If the employer fails to pay the labor remuneration to the employee in full and in a timely manner, the employee may terminate the labor contract.

2. If the employer fails to pay the employee's 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 employer to pay the remuneration within a time limit; If the employer pays the employee's wages lower than the local minimum wage standard, it shall pay the difference in the period; If the employer fails to pay within the time limit, the employer shall be ordered to pay compensation to the employee at the rate of more than 50% and less than 100% of the amount payable.

The above is all about wage arrears, and it is recommended that workers seek legal help instead of acting impulsively when encountering similar incidents.

Legal basis: Article 50 of the Labor Law of the People's Republic of China stipulates that "wages shall be paid to the workers themselves in the form of money on a monthly basis, and the wages of the workers shall not be deducted or owed without reason".

If the employer is in arrears of wages, the employee may collect relevant evidence and take the following measures: 1. Complain to the local labor law enforcement and supervision brigade; 2. Apply to the Labor Dispute Arbitration Commission for labor arbitration; 3. 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 5 of the Labor Dispute 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; Except as otherwise provided in this Law, a lawsuit may be filed in the people's court.

1. Complain to the local labor law enforcement inspection brigade;

2. Apply to the Labor Dispute Arbitration Commission for labor arbitration;

3. 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.

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.

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 the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Labor Contract Law of the People's Republic of China

Article 30 [Labor Remuneration] The employer shall pay the labor remuneration to the worker in full and in a timely manner in accordance with the provisions of the labor contract and the provisions of the state.

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.

Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations. 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.

Legal analysis: 1. The employee can negotiate with the employer; 2. Workers can complain to the labor administrative department; 3. The worker may apply to the local people's court for a payment order in accordance with the law; 4. The employee may file a labor arbitration to require the employer to pay the arrears of wages and remuneration and economic compensation equivalent to 25% of the salary; 5. If they are not satisfied with the ruling, they may also file a lawsuit with the people's court. 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 delaying the worker's wages without reason; (2) Refusal to pay wages and remuneration for extended working hours; (3) Paying wages to workers lower than 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.

The main solutions to wage arrears by employers are:

1. Report and complain to the local labor administrative department;

2. Apply for mediation to mediation organizations such as the mediation committee of the enterprise;

3. Apply to the labor dispute arbitration commission where the unit is located for arbitration;

4. Or negotiate with the unit to solve the problem.

Legal consequences of non-payment of wages:

1. The employee unilaterally terminates the labor contract and has the right to demand economic compensation from the employer;

2. The labor administrative department shall order the employee to pay within a time limit, and if the payment is not made within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 100% of the amount payable;

3. If a crime is constituted, criminal responsibility shall be borne in accordance with law;

4. Miscellaneous. Generally, there is no compensation for the arrears of wages paid by the employer, as long as the arrears of wages are paid to the workers within the time specified by the labor administrative department. However, if it is not paid within the specified time, compensation is required at the rate of fifty to one hundred percent of the arrears of wages.

Legal basis:

Article 85 of the Labor Contract Law of the People's Republic of China.

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 the employee additional compensation and pension according to the standard 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 77 of the Labor Law of the People's Republic of China.

In the event of a labor dispute between the employer and the worker, the parties may apply for mediation, arbitration, or file a lawsuit in accordance with law, or may resolve it through negotiation.

First of all, the employee can directly ask the employer for wages and negotiate a settlement. In the case of the employer's refusal to pay, the employee may apply for mediation by the labor union and other intermediary departments. In addition, if none of the above methods can be resolved, the employee needs to seek legal means to resolve the issue.

You can file a complaint with the labor inspection brigade where the employer is located or the actual place of employment, or you can apply for labor arbitration at the local labor and personnel dispute arbitration commission.

Legal basis: Article 50 of the Labor Law Wages shall be paid to the worker himself on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed.

Article 77 of the Labor Law In the event of a labor dispute between an employer and an employee, the employee may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law.

The principles of conciliation apply to both arbitration and litigation proceedings.

Article 79 of the Labor Law After a labor dispute arises, the parties may apply to the labor dispute banquet mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Legal Analysis: This can be addressed in the following ways:

1) Negotiate with the company.

2) Complain and report to the local labor and social security supervision agency of Chenyou.

3) Apply to the local labor dispute arbitration commission for arbitration.

4) Resolve the matter through litigation by sending a locust to the court.

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China 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.