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If you do not pay the wages in arrears, you can file a complaint with the local labor and social security supervision agency or apply to the local labor dispute arbitration commission for arbitration.
Article 9 of the Law on Mediation and Arbitration of Labor Disputes stipulates that if a unit 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 worker may file a complaint with the labor administrative department, and the labor administration department shall handle it in accordance with the law.
Article 5 of the Labor Dispute Mediation and Arbitration Law 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; 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.
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Wage arrears can be resolved by the following authorities: the Labour Inspection Brigade. After receiving a complaint, the Labor Inspection Brigade will issue a "Notice of Correction" to the person responsible for the refusal to pay wages, ordering the company to pay the employee's wages within a time limit.
If the complaint is not resolved after the complaint, the employee may apply to the local labor arbitration commission for arbitration. If you are in arrears of wages, you can find the following departments to settle the problem:
1. Labor Inspection Brigade. After receiving a complaint, the Labor Inspection Brigade will issue a "Notice of Correction" to the person responsible for the refusal to pay wages, ordering the company to pay the employee's wages within a time limit.
2. Labor Arbitration Commission. If the complaint is not resolved, the employee can apply to the local labor arbitration commission for arbitration, and needs to provide relevant evidence.
3. People's courts. If the dispute is not resolved after labor arbitration, it is recommended that a lawsuit be filed in the court within 15 days from the date of the arbitral award. In addition, if you go to the court to file a lawsuit, you also need to provide corresponding evidence.
If an employer owes its employees' wages, it can go to any administrative agency, especially the local government, the police, etc. It is common to complain or report to the labor inspection brigade, and it will be dealt with quickly. If this is not possible, you can directly apply for the initiation of labor dispute resolution channels for processing.
Broadly speaking, it is undoubtedly a disaster for employees who are in arrears of wages and have little savings, especially those who have low wages and little savings. Therefore, this issue involving people's livelihood and people's survival can be found by any administrative organ, especially the local **, the police, etc. So who will deal with it in the end?
In the end, it will be handled by the local human resources and social security bureau, because they are in charge of this matter.
Further information: According to the regulations, if a wage dispute occurs between an employee and an employer due to wage arrears, the employee can usually report and complain to the local labor inspection brigade to demand the arrears of wages. Of course, employees can also choose to protect their legitimate rights and interests by initiating labor arbitration.
Legal basis: Article 19 of the Interim Provisions on Payment of Wages Article 19 If a labor dispute arises between an employee and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with the law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
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Legal analysis: Wage arrears to the labor and social security administrative department. If the employer fails to pay the wages of the employee on time or in insufficient amount, the worker can resolve the matter through the labor security supervision department or the court, so as to protect his or her legitimate rights and interests. Other behaviors such as pulling banners are not advisable.
Legal basis: Article 26 of the Regulations on the Supervision of Labor and Social Security If an employer commits any of the following acts, the administrative department of labor and social security shall order the employee to pay the employee's wages and remuneration, the difference between the employee's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable: (1) deducting or defaulting on the employee's wages and remuneration without reason; (2) The wages paid to the laborers are lower than the local minimum wage standard; (3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.
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Legal analysis: You can file a complaint with the local labor bureau for labor inspection and apply for arbitration at the local labor bureau.
Legal basis: Interim Provisions on Payment of Wages Article 7 Wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day.
Wages are paid at least once a month, and wages can be paid on a weekly, daily, or hourly basis if the weekly, daily, and hourly wage system is implemented.
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It is recommended to report and complain to the local labor inspection brigade to collect the arrears of wages.
Wage arrears can choose to protect their rights by filing labor arbitration.
Article 85 of the Labor Contract Law.
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 additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable
1) Failure 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) Pay wages to workers below the local minimum wage.
3) Arrange overtime without paying overtime pay.
4) Dissolving or terminating a labor contract and failing to pay economic compensation to the worker in accordance with this Regulation.
1. How long is it illegal to be in arrears of wages?
China's laws and regulations mainly make the following provisions:
China's Labor Law stipulates that "wages shall be paid to the workers themselves in the form of money on a monthly basis." The wages of the employee shall not be deducted or owed without reason", and "monthly payment" means that the wages shall be paid in the form of monthly wages 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.
If the employer is unable to pay wages on time due to difficulties in production and operation and its capital turnover is affected, it may postpone the payment of wages to the employee within one month after consultation with the labor union of the unit. The time of deferred payment of wages shall be notified to all workers and reported to the competent department for the record, and if there is no competent department, it shall be reported to the city, district or county labor and social security administrative department for the record.
The Interim Provisions on Payment of Wages stipulate that "wages must be paid on the date agreed between the employer and the employee. In case of holidays or rest days, it should be paid in advance on the nearest working day. Wages are paid at least once a month, and wages can be paid on a weekly, daily, and hourly basis if the weekly, daily, and hourly wage system is implemented."
Generally, the specific date of payment is agreed by both parties, and there is no mandatory provision in the law. Then, as long as the employer pays once a month, it is legal, and there are no strict rules as for the current month or the previous month, so as long as your employer pays your salary on time, even if it is paid in the next month, it is in accordance with the law.
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According to the provisions of China's labor security supervision regulations, any organization or individual has the right to report to the labor security administrative department any violation of labor security laws, regulations or rules. If a worker believes that the employer has infringed upon his or her legitimate rights and interests in labor security, he or she has the right to lodge a complaint with the labor security administrative department. Wage arrears shall be reported to the labor and social security administrative department.
According to Article 9 of the Regulations on the Supervision of Labor and Social Security, any organization or individual has the right to report to the administrative department of labor security any violation of labor security laws, regulations or rules.
1. Acceptance process of the Labor Inspection Brigade.
The acceptance process of the Labor Inspection Brigade is as follows:
1. Complaints or reports from the parties;
2. Fill in the registration form;
3. Submit evidentiary materials;
4. The labor inspection brigade conducts investigations;
5. Make a decision after the investigation is completed;
6. Send the decision on handling the punishment to the reported unit.
1. The scope of acceptance by the Labor Inspection Brigade is as follows:
1. The violation of the labor security law occurred within 2 years;
2. There is a clear employer against which the complainant is complained, and the infringement of the legitimate rights and interests of the complainant is caused by the violation of the labor security law by the complained employer;
3. It is within the scope of labor and social security supervision and is under the jurisdiction of the labor and social security administrative department that accepts complaints;
4. Complaints involving arrears of wages for migrant workers shall be subject to the principles of centralized management, territorial jurisdiction, and hierarchical responsibility, and the construction, transportation, water conservancy and other industries shall be under the jurisdiction of the competent departments of the respective industries.
2. The materials required to apply for labor inspection are as follows:
1. Recruitment records;
2. Attendance records;
3. Salary payment voucher;
4. Records of payment of various social insurance premiums;
5. Work permit;
6. Service certificate.
In general, after receiving a report or complaint received by the Labor Inspection Brigade, if the conditions for filing a case are met, the case must be registered, and if it does not meet the requirements, a decision will be made not to accept the case, and the decision must be notified to the complainant in writing. When applying for labor inspection, you need to prepare documents such as recruitment records, attendance records, and proof of wage payment.
2. Is it illegal to pay wages month-to-month?
Failure to pay monthly wages is considered illegal and is in arrears, and the worker should file a complaint with the local labor administrative department (labor inspection brigade). The whistleblower and complainant must truthfully provide the name, address, and specific circumstances of the reported and complaining unit, as well as the specific circumstances of the violation of labor security laws, regulations, and rules. Or apply to the court for a payment order.
Article 9 of the Regulations on the Supervision of Labor and Social Security.
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.
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. >>>More
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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. According to 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. Apply for labor arbitration directly to the local labor administrative department (no fee, no lawyer), and claim compensation from the unit through the award issued by the labor arbitration, and if you still do not pay compensation, you can apply to the court for enforcement. >>>More
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