How to deal with the employer s arrears of wages

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. Negotiation. In fact, the best way to negotiate with the employer is to negotiate with the employer first, because if the negotiation is successful, it will save time, effort and money compared to other methods. Where it cannot be resolved through negotiation, it may be resolved through the following legal means.

2. Complain and report to the local labor inspection agency. First, it is necessary to find the right labor inspection agency, which is a public institution under the human resources and social security department (bureau), which is called the labor inspection corps at the provincial level, the labor inspection detachment at the prefectural and city level, and the labor inspection brigade at the district and county level. Second, you can fill in the complaint form with your ID card and a copy of it, a copy of the labor contract signed (or other written materials that can prove the labor relationship).

3. Arbitration. You can apply to the local labor dispute arbitration commission for arbitration, but special attention should be paid to the statute of limitations for applying for arbitration, and a written application must be submitted to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute. 4. Litigation.

You can apply for a payment order as soon as you are owed wages, but as long as the employer files a written objection to the payment order, the payment order will automatically become invalid, and it is better to file a civil lawsuit directly with the court. If the employer is dissatisfied with the arbitration result after the labor arbitration or the employer still does not pay the wages after the arbitration, the employer may file a lawsuit with the court again.

Legal basis] Article 3 of the Labor Law stipulates that workers have the right to receive remuneration for their labor. Article 50 stipulates that 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 30 of the Labor Contract Law stipulates that an employer shall pay labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract and national regulations. 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 stipulates that if an employer fails to pay the labor remuneration to the employee 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 employee to pay the labor remuneration within a specified period.

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 276-1 of the Criminal Law stipulates that whoever evades the payment of a laborer's labor remuneration by means such as transferring property, escaping, etc., or has the ability to pay but fails to pay the laborer's labor remuneration, and the amount is relatively large, and the relevant department still fails to pay it, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Where there are acts in the preceding two paragraphs, but serious consequences have not yet been caused, and the laborer's labor remuneration is paid before the public prosecution is initiated, and the corresponding liability for compensation is borne in accordance with law, the punishment may be commuted or waived.

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.

1. What should I do if the employer is in arrears of wages?

If the employer fails to pay wages to the employee in a timely manner, including failing to pay the wages, overtime wages and other labor remuneration agreed in the labor contract in a timely manner, the employee may unilaterally terminate the labor contract in accordance with the law and request the employer to pay severance payments, while the employer is still obliged to pay the difference in wages. If the employer fails to pay the employee's remuneration in accordance with the labor contract, or if the employer pays the employee's wages below the local minimum wage standard, it will bear the following legal consequences:

1) Payment within a time limit. If the employer fails to pay the relevant expenses, the labor administrative department shall order the employer to pay the labor remuneration, overtime pay or economic compensation within a time limit, that is, the employer only needs to make up the payment.

2) Payment of the difference. If the employer violates the provisions of the Labor Contract Law and pays the employee less than the local minimum wage, the employer shall pay the difference.

If the employer pays the employee a wage that is lower than the local minimum wage, it shall pay an additional severance equal to 25% of the lower part while making up the lower part. The Labor Contract Law only requires the employer to make up the difference between the amount already paid and the minimum wage standard in accordance with the regulations, and does not need to pay additional compensation.

3) Additional compensation. If the employer fails to pay the remuneration, overtime pay or economic compensation within the time limit ordered by the labor administrative department to pay the labor remuneration, overtime pay or economic compensation, the labor administrative department shall order the employer to pay the employee additional compensation at the rate of 50% to 100% of the amount payable.

2. Can the employer resign if it is in arrears of wages?

If the employer fails to pay labor remuneration or provide working conditions as agreed in the labor contract, the worker may terminate the labor contract at any time by notifying the employer, and Article 50 also stipulates that wages shall be paid to the worker in the form of money on a monthly basis. At the same time, the Interim Provisions on the Payment of Wages issued by the former Ministry of Labor stipulate that wages must be paid on the date agreed between the employer and the employee.

If the employer fails to pay labor remuneration in accordance with the labor contract, it includes not only the amount of wages agreed in the labor contract, but also the date of payment of wages as stipulated by law and the labor contract.

If the company does not pay the wages and remuneration of the workers in accordance with the provisions of the labor contract, it constitutes an infringement of the rights and interests of the employees to enjoy labor remuneration. In this case, the employee's request to terminate the employment contract is in accordance with the law. It is recommended that the employee apply for arbitration at the local labor arbitration department to protect his rights and interests.

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.

What should I do if the employer owes wages?

Hello, I am glad to answer for you: if the employer is in arrears of wages, the employee can collect relevant evidence and take the following measures: 1. Complain to the local labor law enforcement and 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.

Article 85 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 specified period of time; If the remuneration is lower than the local minimum wage standard, the difference shall be paid; The employer shall be ordered to pay the employee an additional compensation of not less than 50% but not more than 100% of the amount due: (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) 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.

What documents do I need to prepare?

When an employer applies for labor arbitration for arrears of wages, it is necessary to prepare the labor contract, SFZ, proof of the employer's arrears of wages and the labor arbitration application, but if the employer can file a complaint with the local labor administrative department before applying for arbitration, as long as the evidence is sufficient, the labor administrative department is obliged to handle the employee's complaint.

The following materials are required to sue for divorce: 1. The original SFZ of the plaintiff; 2. Proof of the relationship between the husband and wife; 3. Proof of joint property of husband and wife; Wait a minute. Divorce cases are subject to a fee of $50 to $300 per case.

If the division of property is involved, and the total amount of property does not exceed 200,000 yuan, no additional payment shall be made; The part exceeding 200,000 yuan shall be paid according to the payment.

1. If the employer is in arrears of wages, he or she may file a complaint with the security supervision brigade of the labor department, or directly apply for labor arbitration.

First of all, you should go to the labor bureau in the city where you are located to file a complaint against your company, and the labor inspection brigade will file a case and leave your basic information. Then go to your company to investigate and find out that the matter is true, they will come forward to mediate, and warn you that the company's behavior has violated the labor law, and they will enforce it if they encounter a company that refuses to implement it.

2. Workers can solve the problem by the following methods:

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

2. You can also apply for arbitration directly (the arbitration fee is 200-300 yuan, 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 accordance with the provisions of the state, in the case of arbitration or litigation, you may request that in addition to the full payment of the wages and remuneration of the employee within the specified time, an additional economic compensation equivalent to 25% of the wages and remuneration shall be paid.