Which department should be contacted for the settlement of wage arrears

Wage arrears should be resolved with the labor and social security administrative department, and the specific solutions are as follows:

1. Report to the labor administrative department;

2. You can directly apply for arbitration;

3. If you are not satisfied with the arbitration result, you can file a lawsuit in the court within 15 days after getting the arbitration letter;

4. In the case of arbitration or litigation, in addition to the full payment of the employee's wages and remuneration within the specified time, an additional economic compensation equivalent to 25% of the wages and remuneration shall be paid.

Legal basisArticle 91 of the Labor Law of the People's Republic of China.

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 defaulting on the wages of 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) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

How to apply for labor arbitration.

1. For arbitration application, the parties must submit a written application to the arbitration commission for arbitration;

2. If the case is accepted, the parties submit the application for labor arbitration to the arbitration commission, and after review, the arbitration commission shall make a decision to accept or not accept the application within five days from the date of receipt of the labor arbitration application;

3. An arbitration tribunal shall be formed, and an arbitration tribunal shall be formed within seven days from the date of filing of the labor dispute case decided to be accepted by the arbitration commission;

4. The arbitration commission has the right to require the parties to provide or supplement evidence for investigation and evidence collection;

5. Arbitration and mediation, on the basis of ascertaining the facts of the dispute, shall be presided over by the arbitral tribunal or arbitrator to mediate the labor dispute case in advance;

6. For the arbitral award, the arbitral tribunal shall send a written notice of the time and place to the parties five days before the award.

I went into a factory and said that he would be paid a low salary a month for 1 month. I entered in September and still haven't paid my salary.

Legal analysis: In the case of wage arrears, if the negotiation cannot be resolved, the employee can file a complaint with the local labor and social security supervision agency; Apply to the local labor dispute arbitration commission for arbitration; Resolve through litigation.

Legal basis: Labor Law of the People's Republic of China Article 91 If an employer infringes upon the legitimate rights and interests of a worker under 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) deducting or arrears of 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) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

Legal analysis: 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.

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 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 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 300 percent of his wages.

Wage arrears can be solved by the labor bureau department:

1) Complain and report to the local labor and social security inspection agency.

2) To apply to the local labor dispute arbitration commission for arbitration, 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.

3) Resolve through litigation. This is divided into three situations: first, for labor dispute cases, if any party is dissatisfied after labor arbitration, it can file a lawsuit with the court; Second, if the employer does not enforce the labor arbitration award after the arbitration award takes effect, the migrant worker 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.

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

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.

If the company finds that the company has been in arrears of wages, the employee can find the following departments to resolve:

1. Labor Inspection Brigade.

Regardless of whether the company's wage arrears constitute a crime, employees can first file a complaint with the labor inspection brigade of the labor administrative department.

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.

According to Article 19 of the Interim Provisions on Payment of Wages, 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.

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.