What are the consequences of a boss s unpaid wages?

For migrant workers, the biggest wish is that the company's boss can pay wages in a timely manner, after all, everyone has a family to support, and the most important income for migrant workers is wage income, in China's state-owned enterprises are state-controlled enterprises, these enterprises are very formal, not only can pay wages for employees in a timely manner, but also can pay five social insurance and one housing fund in full.

However, in many private enterprises, employees do not enjoy such treatment, and even the bosses of some small private enterprises will not even pay their wages on time, in fact, if the bosses are often in arrears.

This can lead to very serious consequences.

One. The current Labor Code

The protection of workers is very well in place, and formal provisions have been made that no employer can default on the wages of workers for various reasons, so if the employer is in arrears of wages for a long time, the workers can apply for labor arbitration.

Use the Labor Law to protect your legitimate rights and interests.

Two. If the company can not pay wages for employees in a timely manner, it will seriously affect the enthusiasm of workers, many workers will have negative sabotage, and even in serious cases, there may be strikes, which will seriously affect the normal operation progress of the company, and may cause the company to suffer serious economic losses.

Three. Many workers' families rely on the wages of employees to maintain their lives, and now many workers' families need to repay mortgages and car loans, if the company arrears wages for a long time may lead to great difficulties in the life of workers' families, so in order to reduce the pressure on employees' lives, enterprises must pay wages on time.

Four. Now it has entered the Internet, many people often vent on the Internet, if the enterprise is in arrears for a long time and does not pay wages, it will inevitably cause dissatisfaction among employees, if employees vent propaganda in the network, it will have a very bad impact on the enterprise, and even affect the subsequent development of the enterprise.

I think the first and most important thing is to lose the support of the people, not get the support of employees, let employees work lazily, or even strike mentality, and some will resign, resulting in the company has no way to work normally!

A large number of employees are lost, and employees will cause revolt, after all, they are all young people now, almost all of them are moonshiners, if they are in arrears, most people will definitely not do it, and it will also damage the company's reputation, which will make it difficult for the company to develop.

will be punished because the boss is doing it illegally, will have to compensate the employee, and will be held legally responsible.

Legal Analysis: The labor administrative department shall order the payment of wages and remuneration and economic compensation to the employee, and may promptly order the payment of compensation.

Legal basis: Labor Law of the People's Republic of China Article 91 If an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation:

1) Withholding or failing to pay wages to laborers without bending.

2) Refusal to pay wages and remuneration for extended working hours.

3) Paying wages to workers at a rate lower than the local minimum wage.

4) Failing to give economic compensation to the laborer in accordance with the provisions of this Law after the termination of the labor contract.

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

The penalty for non-payment of wages is to be ordered to pay remuneration and financial compensation, and if the circumstances are serious, they will be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If the boss is unable to negotiate, he can file a complaint with the labor department or apply for labor arbitration and file a civil lawsuit in the court.

1. What penalties will be imposed on the boss for wage arrears?

Bosses who are in arrears of wages are subject to the following penalties:

1.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;

2.If the payment of the laborer's labor remuneration is evaded by means such as transferring property or escaping, or if the ability to pay but not paying the laborer's labor remuneration is relatively large, and the payment is still not made after being ordered to do so by the relevant department, it constitutes a crime and is to 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.

2. What should I do if the boss is in arrears and does not pay wages?

1.The worker and the employer may negotiate on their own, and if they reach a consensus through consultation, they shall pay wages as agreed.

2.If the worker and the employer fail to reach an agreement through negotiation, the worker may file a complaint with the labor supervision and security department, which will intervene and handle the matter.

3.Workers can apply to labor arbitration institutions to protect their own interests;

4.If the worker is not satisfied with the result of the labor arbitration award, he may file a lawsuit with the people's court.

Legal basis: Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes; Article 9 of the Regulations on the Supervision of Labor and Social Security.

3. How much economic compensation can be paid for resignation in arrears of wages?

Employees who leave their jobs in arrears of wages can receive severance of between 50% and 100% of the amount payable by the unit. Please be reminded that according to 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.

Legal analysis: 1. The employee can immediately terminate the labor contract and negotiate the workplace, and the employer needs to pay compensation to the employee. 2. If the worker applies to the local people's court for a payment order, the employer may raise an objection or pay the employee's wages and remuneration after receiving the payment order.

Legal basis: Article 48 of the Labor Law of the People's Republic of China The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record.

The wages paid by the employer to the employee shall not be lower than the local minimum wage.

Labor Contract Law of the People's Republic of China

Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and in a timely manner. If the employer is in arrears or fails to pay the labor remuneration in full, the employer 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 44 Under any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) if the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 3 percent of the wage.

Legal Analysis: Refusal to Pay Labor Remuneration. It is a labor violation to evade arrears of wages and lack of wages by transferring property, escaping, etc.

The labor advocate may apply for labor arbitration to request the employer to pay wages. If there is a refusal to pay labor remuneration and the amount reaches a relatively large amount, it is a criminal act.

Legal basis: Labor Contract Law of the People's Republic of China Article 85 In any of the following circumstances, if the employer is ordered by the labor administrative department 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, it shall pay the difference and fails to pay the difference, and order the employer to pay additional compensation to the employee according to the standard of 50% to 100% of the amount payable

1) Failing to pay the labor remuneration of the employee in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state, (2) paying the wages of the employee below the local minimum wage standard, (3) arranging overtime work and not paying overtime pay, (4) dissolving or terminating the labor contract, and failing to pay economic compensation to the employee in accordance with these Regulations.