How to deal with the arrears of wages in the unit

Legal Analysis: The handling method of wage arrears by the unit is as follows:

1. The worker 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: 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.

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 handling method of arrears of wages by the employer is as follows:

1. The worker can negotiate with the employer;

2. Workers can complain to the administrative department of Lao Zheng Distress;

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] Article 91 of the Labor Law, if the employer infringes on the legitimate rights and interests of the worker in any of the following circumstances, the labor administrative department shall order the payment of wages and remuneration and economic compensation to the worker, and may order the payment of compensation:

1) Withholding or arrears of wages for hidden oak workers 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.

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 labor bureau fails to give economic compensation to the burying traveler in accordance with the provisions of this law.

Failure to pay wages for more than 30 days may constitute an offence and is punishable by up to seven years.

For the vast majority of employees, the main purpose of going to work is to support their families and provide better material living conditions for themselves and their families.

Therefore, when the boss and the unit are in arrears of wages, it is inevitable to be anxious and irritable, and I don't know how to go back.

So what should I do if I am owed wages?

Arrears of wages for more than 30 days may constitute a crime, and the most proflaminated person can be sentenced to 7 years!

The full name of wage arrears is wage arrears without reason, that is, the behavior of the employer not paying the wages of the employee on time or in full without falling under the circumstances prescribed by law.

According to the provisions of China's "Labor Law":

Wages shall be paid to the worker in monetary form on a monthly basis.

The wages of the employee shall not be deducted or owed without reason, and shall be paid on a monthly basis", that is, the wages shall be paid in the form of monthly salaries, and shall also be paid monthly, so the employer shall settle the wages within 30 days after the end of the natural month, and more than 30 days shall constitute wage arrears.

There will be these four major penalties for non-payment of wages.

1. Accept the punishment of the labor administrative department.

2. Accept the punishment of the human resources and social security department.

3. Accept the punishment of the housing and urban-rural development department and the market supervision and management department.

4. Accept criminal punishment.

where serious consequences are caused, the sentence is to be between three and seven years imprisonment and a concurrent fine.

How to deal with wage arrears by the employer: negotiate with the employer; apply for mediation with a mediation organization; report to the labor administrative department; Apply to the Labor Dispute Arbitration Commission for arbitration; If the person is dissatisfied with the arbitral award, he or she may also file a lawsuit with the people's court, or directly request a payment order from the people's court.

1. What should I do if the company resigns during the probation period is in arrears of wages.

If the employee resigns during the probationary period and the employer is in arrears of wages, the employer can seek the following ways: negotiate with the employer; apply for mediation with a mediation organization; Report to the labor administrative department, which shall order the correction within a time limit; apply to the Arbitration Commission for arbitration; If an applicant applies to the people's court for a payment order and is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

2. How to complain about the company's non-payment of wages to employees?

If the company does not pay the employee's salary in time, the employee can directly complain to the local labor administrative department, and the labor administrative department will order the employer to pay the salary within a time limit. Wages can also be claimed through negotiation with the employer, mediation to a mediation organization, arbitration to the labor dispute arbitration commission, and payment order from the people's court.

3. The company refuses to pay employees overtime pay.

If the company refuses to pay overtime wages, the employee can solve the problem by taking the following measures: negotiating with the company; lodge a complaint with the labor administrative department; apply for mediation to the mediation organization; Apply to the Labor Dispute Arbitration Commission for arbitration; If you are dissatisfied with the arbitral award, file a lawsuit with the people's court, or directly request a payment order from the people's court.

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.

Workers can go to the labor grinding and return supervision team to complain and report in time, and provide labor contracts, salary records, attendance records, and evidence of arrears. If you are not satisfied, you can also file a labor arbitration or file a lawsuit with the court, and blindly defend your rights in accordance with the law.

The arrears of wages violate Article 50 of the Labor Law, which states that "wages shall be paid to the worker in monetary form on a monthly basis." shall not withhold or delay the wages of workers without reason", which infringes on the rights and interests of workers and should be repaid.

It is a labor dispute and can be resolved by applying for a labor dispute.