Which department to complain about wage arrears, and which department to complain to about wage arre

Generally, the human resources and social security department shall order payment, but other relevant departments may also order payment within the scope of their authority. 1. The easiest way is to file a complaint with the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the "Labor Security Supervision Regulations" and order it to pay the arrears of wages. 2. In accordance with the provisions of Article 30 of the Labor Contract Law, if the employer is in arrears or fails to pay the labor remuneration in full, the employee 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.

3. The most effective is to apply for labor arbitration directly to the local labor administrative department (no fees, no lawyer), and claim compensation from the unit through the award issued by labor arbitration, and if it is not compensated, it can be applied to the court for enforcement. 4. If the labor arbitration is not accepted or the arbitration is unfair, a civil lawsuit can be filed with the court within 15 days and directly executed through the court judgment. 5. While claiming wages in the above ways, you can also request the employer to pay you additional compensation according to the standard of 50% to 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law.

Legal basis: Article 85 of the Labor Contract Law 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 employee's labor remuneration 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 lower than the local minimum wage standard; (3) Arrange 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.

Legal analysis: According to the law, when faced with the employer's arrears of wages, the employee can report to the labor department and request the employer to give 50%-100% compensation; Workers can also file a complaint with the labor and social security administrative department to request intervention and investigation; It is also possible to apply to the local people's court for a payment order in accordance with the law; or directly submit an arbitration application to the labor dispute arbitration commission. 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. Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; 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 lower than the local minimum wage standard; (3) Arrange 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.

Legal analysis: which department to complain to for wage arrears: any organization or individual has the right to report to the administrative department of human resources and social security for violations of labor security laws; 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 reports and complaints includes: 1. The employer fails to formulate rules and regulations that directly affect the vital interests of the employees; 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. Failure of the employer to implement the minimum wage standard, failure to pay the employee's wages, economic compensation and compensation; 5. The employer fails to comply with the 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 foreign stalkers in China; 6. The employer fails to comply with the special labor protection regulations for female employees and juvenile workers and the regulations on 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 employing units to comply with the relevant provisions of labor dispatch; 9. Failure of vocational intermediary institutions, vocational skills training institutions and vocational skills assessment and appraisal institutions 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 basis: Article 18 of the Interim Regulations on the Payment of Wages Article 18 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 lower than the local minimum wage standard. The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

According to the provisions of Article 91 of the Labor Law of the People's Republic of China, if an enterprise owes wages to its employees, the labor administrative department will warn the enterprise and order it to make corrections, pay wages and economic compensation. It is also possible to apply directly for labor arbitration.

1. The Labor Bureau is the leading organization in China, including the Labor Branch Bureau and the Labor and Employment Service Center. The main responsibilities of the labor branch are to implement the national and provincial and municipal policies, laws and regulations related to labor work, and organize the implementation of the labor development plan and annual plan formulated by the city. The main tasks of the labor and employment service center are responsible for the development and utilization of labor resources, the employment of urban and rural labor force, and the specific service work of mobile employment within the jurisdiction.

Responsible for comprehensive and planning work; Responsible for secretarial and administrative matters; Responsible for the guidance and coordination of the construction of employment service institutions in the township; Responsible for the construction of labor market information network; Responsible for employment statistical analysis; Responsible for scientific and technological research and promotion and application of achievements in the field of labor and employment, as well as publicity and education; Responsible for the specific implementation of foreign exchange and cooperation projects in the field of labor and employment.

2. Undertake the specific work of the development and utilization of urban and rural labor resources, policy-based employment placement, and mobile employment services; Responsible for the specific service work of unemployed employees; Responsible for the service of contract employees recruited by administrative, public institutions and municipal enterprises under the collective ownership of the whole people; Entrusted to undertake the approval of employment declaration, recruitment of workers from other provinces and recruitment advertisements; Entrusted to guide and coordinate the employment service agencies in the township to carry out employment service work; Entrusted to be responsible for the management and service of labor service offices in other provinces and cities in Dongguan; Responsible for labor poverty alleviation and labor cooperation.

3. Entrusted to be responsible for the guidance and supervision of the administrative fees of the labor and employment service system and undertake specific business work; Responsible for the verification and payment of temporary worker deployment fees; Responsible for the management of employment support services such as labor market construction expenses, reemployment subsidies, and job transfer training expenses; Responsible for the guidance, coordination and financial supervision of the fund management of labor and employment service agencies. In accordance with the plan for the reform of State institutions, the name of the Labor Bureau has been changed twice, the last time to the Labor and Social Security Bureau, and in 2008, the Personnel Bureau and the Labor and Social Security Bureau were merged to form a new Human Resources and Social Security Bureau. After the reform, the Ministry of Human Resources and Social Security of the People's Republic of China can refer to the Ministry of Human Resources and Social Security for job responsibilities, internal institutions, and staffing.

Wage arrears can be solved by the labor bureau department:

1) Complain and report to the local labor and social security inspection agency.

2) To apply to the local labor dispute arbitration commission for arbitration, 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.

3) Resolve through litigation. This is divided into three situations: first, for labor dispute cases, if any party is dissatisfied after labor arbitration, it can file a lawsuit with the court; Second, if the employer does not enforce the labor arbitration award after the arbitration award takes effect, the migrant worker 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.

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 lower than the local minimum wage standard;

(3) Arrange 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.

What should I do if the company owes wages?

It is recommended to negotiate with the company first to see what the reason for the company's arrears of wages is and whether it can pay part of the wages first; If the negotiation fails, you can report the situation to the local labor inspection brigade and let them intervene in the coordination, if the coordination still fails, you can apply for labor arbitration for recovery, and if the company does not implement the award after it takes effect, you can apply to the court for enforcement.

It is also possible to unilaterally resign on the grounds of arrears of wages by the company, and require the company to pay economic compensation, one month's salary for each year of work, and one month's salary for less than one year but half a year, and half a month's salary for less than half a year.

According to Article 10 of the Regulations of Guangdong Province on the Payment of Wages, the employer shall pay wages in full in the form of money in accordance with the fixed wage payment cycle, and shall not be in arrears or deducted. Where a monthly, weekly, daily, or hourly wage system is implemented, the wage payment cycle may be determined on a monthly, weekly, daily, or hourly basis. Where a piece-rate wage system is implemented or wages are paid based on the completion of certain tasks, the wage payment cycle may be agreed upon according to the piecework or completion of work tasks, but if the payment cycle exceeds one month, the employer shall pay wages every month in accordance with the agreement.

If the annual salary system is implemented or wages are paid according to the appraisal cycle, the employer shall pay the wages every month as agreed, and shall settle and pay the wages in full at the end of the year or at the end of the appraisal cycle.

If you encounter a situation of unpaid wages, there are several ways you can defend your rights:

Lodge a complaint with the labor department and request the labor administrative department to order the employer to pay wages within a time limit and pay additional compensation1.

Apply to the labor arbitration commission for an early labor arbitration or file a lawsuit with the court, requesting the employer to pay wages, and request the termination of the labor relationship and the payment of economic compensation according to the circumstances.

If the employer has the ability to pay but deliberately refuses to pay and the amount reaches a certain amount, it may report the case to the public security organ, which constitutes the crime of refusing to pay labor remuneration.

If the employer goes bankrupt or is unable to pay wages, it can apply for a certain amount of relief from the local ** department.

I hope you get the salary you deserve as soon as possible, and I wish you all the best in your work!

Complaints can be lodged with the local labour inspectorate and the complaint process is as follows:

1 Negotiate with the employer to resolve, if it cannot be resolved, please see 22 Prepare relevant supporting materials, such as labor contract, salary slips, social security payment certificates, etc.

3. Go to the local labor inspection department to file a complaint, fill in the relevant complaint form to dig out the slag grid, and submit the evidence of the judgment.

Labour Inspectorate Service **: 12333

Legal Aid Services**: 12348

1. Which department to find for wage arrears complaints and wage arrears.

1. Complaints about wage arrears and wage arrears shall be complained to the labor administrative department, and the department shall order the payment within a certain period of time;

2. You can apply to the labor arbitration commission for arbitration, and if you are not satisfied with the arbitration award, you can file a lawsuit in accordance with the law.

3. The basis of the law cover type law:

Article 9 of the Regulations on the Supervision of Labor and Social Security stipulates that any organization or individual has the right to report to the administrative department for labor security any violation of laws, regulations or rules on labor security.

Article 5 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration 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; A person who is dissatisfied with an arbitral award may file a lawsuit in the people's court, except as otherwise provided in this Law.