Urgently, how to solve the problem of arrears of wages for one and a half months?

Updated on society 2024-07-22
10 answers
  1. Anonymous users2024-02-13

    1. The company has no right to let the employee pay the deposit, and should return it unconditionally.

    2. The company cannot be in arrears of wages for no reason, and the wages should be paid monthly, so the wages in March should be paid unconditionally, and 50% and 100% compensation should be paid.

    3. If the company does not inform the workers of the method of intermittent work wage settlement, it will not take effect, because it is a major event involving the vital interests of the workers.

    4. Even if this settlement method has been approved by the trade union, it has been publicized and has taken effect, but you don't know it for your own reasons, so at most the salary in April will be deducted, and the salary in March should be paid to you, because the company is in arrears illegally, and it cannot be deducted from it.

    5. If the negotiation with the company fails, you can apply for labor arbitration, and if you are not satisfied with the arbitration result, you can go to the court to sue.

  2. Anonymous users2024-02-12

    Go to the labor bureau to complain, if you still don't pay your salary, appeal, and if your salary is found and there is no pay slip, it may be more passive, if you hit the salary card, there is evidence.

  3. Anonymous users2024-02-11

    Definition of wage arrears: Article 4 of the Supplementary Provisions on Issues Concerning the Interim Provisions on the Payment of Wages issued by the Ministry of Labor (No. 1995 226) stipulates that the "unjustified arrears" mentioned in Article 10 of the Provisions (No. 1994 489) refers to the failure of the employer to pay the wages of the employee beyond the prescribed time for payment of wages due to legitimate reasons. Excludes:

    1) The employer is unable to pay wages on time due to natural disasters, wars, or other reasons beyond human resistance;

    2) If an employer is truly affected by production difficulties and capital turnover, it may, with the consent of the labor union of the unit, temporarily postpone the payment of workers' wages, and the maximum limit of the extension period may be determined by the labor administrative department of the province, autonomous region or municipality directly under the Central Government in accordance with the local situation. In all other cases, wage arrears are unjustified.

  4. Anonymous users2024-02-10

    Prepare the relevant materials to complain to the Labor Bureau.

  5. Anonymous users2024-02-09

    It is possible to apply for labor arbitration.

  6. Anonymous users2024-02-08

    If you owe employees wages for more than three months, you can file a complaint with the Safeguard Supervision Brigade of the labor department, or you can 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.

    Wage arrears are a common problem that workers can solve by:

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

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

    Legal basis. Article 91 of the Labor Law of the People's Republic of China Where an employer infringes upon the lawful rights and interests of a worker under 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) the wages of the worker are deducted or in arrears 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.

  7. Anonymous users2024-02-07

    Employees who owe wages can file a complaint with the local human resources and social security bureau for labor inspection. You can also apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau; If there is an IOU, you can file a lawsuit directly with the court.

    In resolving labor disputes, the lawful rights and interests of the parties shall be protected in accordance with the law, impartiality, timeliness, and mediation-oriented principles based on facts.

    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 the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

    Article 2 of the Law of the People's Republic of China 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.;

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

    Article 10 In the event of a labor dispute, the parties may apply for mediation to the following mediation organizations:

    1) Enterprise Labor Dispute Mediation Committee;

    2) Basic-level people's mediation organizations established in accordance with law;

    3) Organizations established in townships and neighborhoods with labor dispute mediation functions.

    The enterprise labor dispute mediation committee is composed of employee representatives and enterprise representatives. Employee representatives shall be appointed by members of the trade union or elected by all employees, and enterprise representatives shall be designated by the person in charge of the enterprise. The director of the enterprise labor dispute mediation committee shall be a member of the trade union or a person nominated by both parties.

  8. Anonymous users2024-02-06

    Legal Analysis: Wage arrears need to be dealt with in the following situations:

    2.The employer is not a regular company and has not registered with the industrial and commercial bureau, so it is recommended that the two parties negotiate a settlement, and if the negotiation fails, file a lawsuit in the people's court where it is located, and protect its rights through judicial litigation.

    3.Workers working for individuals: It is recommended that both parties negotiate a settlement, and if the negotiation fails, file a lawsuit in the people's court where they are located.

    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.

  9. Anonymous users2024-02-05

    Legal analysis: The company owes wages to workers and can complain to the labor inspection department about the illegal act of dust removal by the unit. If the labor remuneration is in arrears or is not paid in full, or the medical expenses, economic compensation or compensation for work-related injuries are in arrears, the worker may file a complaint with the labor administrative department, and the labor administrative department shall handle it in accordance with law.

    Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the laborers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

    Article 7 of the Interim Provisions on Payment of Wages shall 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 weekly, daily, and hourly wage systems are implemented.

  10. Anonymous users2024-02-04

    The employee can go to the labor management department to make an investment and ask the employer to pay the employee's wages, and the employee must collect relevant evidence when complaining. The employer shall pay the employee's wages in full on the agreed date, and at least once a month.

    If the payment is not made in time, the worker may take the following measures:

    1. If you file a complaint with the labor and social security administrative department (labor inspection brigade), the labor inspection brigade will order you to pay within a time limit, and if you fail to pay within the time limit, you can request additional compensation, and the compensation standard is between 50% and 100% of the amount payable. When making a complaint, a copy of the applicant's ID card and evidence of the relevant arrears of wages should be provided.

    2. Apply to the Labor Dispute Arbitration Commission for labor arbitration on the grounds of failure to pay wages in full and on time, and request the termination of labor relations and payment of wages and economic compensation. If you still want to maintain the employment relationship, you can only ask for payment of wages.

    1. What are the circumstances of wage arrears?

    1. If there is a labor contract signed, it will be calculated according to the wage days specified in the labor contract, and it is a violation of the Labor Law to be in arrears for any day.

    2. If the labor contract is not signed, it will be calculated according to the company's monthly financial day, for example, the salary is usually paid on the 15th of each month, and the 15th is the salary day.

    3. The enterprise shall pay wages at least once a month, and the specific date shall be agreed between the employer and the employee. In the event of a statutory holiday, holiday or rest day, if the salary is paid through the bank, the payment of wages shall not be delayed, and the salary shall be paid in advance if the wages are paid directly.

    For employees who implement the annual salary system or cash wages according to the assessment cycle, the employer shall pay the wages in advance at a rate not lower than the minimum wage every month, and settle the wages at the end of the year or at the end of the examination cycle.

    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.

    4. You can tell the boss about the actual situation, and if you don't solve the problem, you can go to the labor inspection brigade to complain, and you can also apply to the labor arbitration commission for arbitration.

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