Can I report the wages that my boss owes me?

1. If the worker works for the employer, there are two ways to request payment of wages:

1. Workers can file complaints with the labor inspection in the local human resources and social security bureau; Pros: Simple way. Disadvantages: Enforcement may not be very strong in some areas;

2. You can apply for arbitration at the labor dispute arbitration committee in the local human resources and social security bureau and request payment of wages. If you do not have an employment contract, you can demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

2. If it is for an individual, it is not considered an employment relationship. The parties can directly go to the court to sue the individual boss and demand payment of labor remuneration.

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 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 at a rate 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.

Article 2 of the Law on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

Article 50 of the Labor Law 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 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels 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 at a rate lower than the local minimum wage.

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

In order to protect the right of workers to receive remuneration for their labor, the Standing Committee of the National People's Congress voted on February 25, 2011 to pass the Criminal Law Amendment (VIII), which criminalizes "malicious wage arrears". Amendment (8) to the Criminal Law stipulates that anyone who evades the payment of a laborer's labor remuneration by means of transferring property, escaping, etc., or who has the ability to pay but fails to pay the laborer's labor remuneration, and the amount is relatively large, and the payment is still not paid after being ordered to do so by the relevant department, 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. In addition, Amendment (8) of the Criminal Law also stipulates that whoever discharges, dumps or disposes of radioactive wastes, wastes containing infectious disease pathogens, toxic substances or other harmful substances in violation of state regulations, and seriously pollutes the environment, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where the consequences are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

The offence of malicious non-payment of wages constitutes the following:

Article 41 of Amendment 8 stipulates: Add one article after Article 276 of the Criminal Law as Article 276-1: "Where the payment of laborers' labor remuneration is evaded by means such as transferring property, escaping, etc., or who has the ability to pay but fails to pay laborers' labor remuneration, and the amount is relatively large, and the payment is still not made after being ordered to do so by the relevant departments, a sentence of up to three years imprisonment or short-term detention is to be given, 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. ”

If it weren't for the above conditions, it would be useless to sue, and even if the above conditions were met, it would not necessarily be a win, because China's legislation here is too problematic.

You can report the case, but the police will not deal with it, and the correct way is to report it to the labor inspection department.

1. Can the boss call the police if he owes wages and does not pay them?

1. The boss owes wages and does not pay:

1) If the wages are in arrears, they should first complain to the local labor bureau;

2) It can be alarmed. If the employer still fails to pay after being notified by the Labor Bureau, it may report to the police and accuse the boss of the crime of refusing to pay labor remuneration and request that he be investigated for criminal responsibility. In addition, they can also apply to the labor arbitration commission for arbitration, and if they are not satisfied with the arbitration, they can also file a lawsuit with the court.

2. Legal basis: Article 2 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China.

This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

2. What are the materials to be submitted to apply for labor arbitration?

The materials to be submitted to apply for labor arbitration are:

1. Elaborate on the reasons and requirements for arbitration, and provide corresponding copies according to the number of persons to be applied for arbitration;

2. The identity certificate and photocopy of the applicant for arbitration;

3. If there is a principal, it is also necessary to have a power of attorney signed and submitted in person, and the specific entrustment matters need to be indicated in its content, in addition, a copy of the ID card of the entrusted person must be submitted;

4. Evidentiary materials that can prove the existence of an employment relationship between the arbitration claimant and the respondent and the matters to be applied for.

It is useless to call the police, the easiest way is to complain to the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the "Labor and Social Security Supervision Regulations" in accordance with the law, and order it to pay the arrears of wages. 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

If the boss owes wages, he can call the police to deal with it, but because the arrears of wages are labor disputes, they will not be dealt with. Under normal circumstances, if the boss owes wages and does not pay them, the worker can take the following measures to protect his legal rights:

1.raise objections with the relevant person in charge and negotiate freely with them;

2.You may file a complaint with the labor administrative department and request payment of labor remuneration.

Summary. Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the worker himself in the form of money on a monthly basis.

Wages shall not be deducted or unjustifiably delayed. 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 the payment of wages and remuneration and economic compensation to the worker, and may also order the payment of compensation: (1) the employee is deducted or in arrears of wages without reason; (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) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.

Hello, thank you for your consultation, please don't worry, according to your description for you into the chaos of the line of analysis and answers: arrears of wages can not be given to the police, but the police may be difficult to deal with, generally arrears of wages are not given is a labor dispute, the parties can accompany Yu to negotiate with the boss, in the case of negotiation failure, you can find the labor department to complain, or labor arbitration institutions to arbitrate, you can also go to the court to file a lawsuit.

According to Article 9 of the Law on Mediation and Arbitration of Labor Disputes, if an employer 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 employer may file a complaint with the labor administrative department, which shall deal with it in accordance with the law.

Legal basis: Article 50 of the Labor Law of the People's Republic of China stipulates that wages shall be paid to the worker himself on a monthly basis in the form of money. Wages owed to workers shall not be deducted or unjustifiably denied.

Article 91 Where an employer infringes upon the lawful rights and interests of a laborer in any of the following circumstances, the labor administrative department shall order the payment of wages and remuneration and economic compensation to the laborer, and may also order the payment of compensation: (1) deducting or defaulting on the worker's wages without reason; (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) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.