The fastest and most direct solution to the company s wage arrears

Updated on society 2024-08-13
12 answers
  1. Anonymous users2024-02-16

    Complain to the local labor inspection brigade or 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 court. Article 50 of the Labor Law stipulates that 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 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts If an employer deducts or defaults on the wages of an employee without reason, or refuses to pay the employee wages and remuneration for extended working hours, in addition to paying the wages and remuneration of the employee in full within the prescribed time, it shall also pay an additional economic compensation equivalent to 25% of the wages and remuneration.

  2. Anonymous users2024-02-15

    The fastest and most direct solution to the company's wage arrears is to solve it with the help of the labor inspection brigade, and it is easiest for them to get their wages back.

  3. Anonymous users2024-02-14

    If it is a mass incident and more than 10 people, the labor inspection team can directly investigate the company, and at the same time, you can also apply for legal aid, and the lawyer will coordinate and jointly deal with relevant matters.

  4. Anonymous users2024-02-13

    Wage arrears are illegal, and workers can file a complaint with the local labor inspection brigade or apply for labor arbitration to protect their legitimate rights and interests.

  5. Anonymous users2024-02-12

    If the enterprise violates the Labor Law, you should bring the relevant materials to the local labor and social security department for arbitration to protect your legitimate rights and interests.

  6. Anonymous users2024-02-11

    You can go to the local labor bureau to report and have them supervise the filing of the case.

  7. Anonymous users2024-02-10

    Legal analysis: There is no fastest and most direct way, and it needs to be decided according to the circumstances of the parties. Workers may file a complaint with the local labor inspection department, which shall order them to pay labor remuneration, overtime pay or economic compensation within a time limit. Apply to the local labor dispute arbitration commission for arbitration or apply to the local people's court for a payment order in accordance with the law.

    Legal basis: Labor Law of the People's Republic of China

    Article 50. Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

    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) 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 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 this law.

    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 77.

    If the lawful rights and interests of a worker are infringed, he or she has the right to request the relevant department to handle it in accordance with the law, or to apply for arbitration or file a lawsuit in accordance with the law.

    Article 85.

    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 minimum wage standard, the difference shall be paid by the elderly; 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 employee's labor remuneration 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 lower than the local minimum wage standard; (3) Arrange 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.

    Regulations on the Supervision of Labor and Social Security

    Article 10 The administrative departments for labor and social security shall carry out labor security inspections and perform the following duties:

    1) Publicize labor security laws, regulations, and rules, and urge employers to implement them;

    2) To inspect the employer's compliance with labor security laws, regulations and rules;

    3) To accept reports and complaints about violations of labor security laws, regulations or rules;

    4) Correct, investigate and deal with violations of labor security laws, regulations or rules in accordance with the law.

  8. Anonymous users2024-02-09

    The fastest and most direct solution to the company's wage arrears is to file a complaint with the labor inspection brigade, or the arrears of wages can also apply to the labor dispute arbitration committee of the local human resources and social security bureau for arbitration to demand payment of wages. If you do not have an employment contract, you can demand double the wages of the unsigned employment contract. If the employment relationship is terminated on the basis of arrears of wages, the tenant can also claim severance payment.

    If you are not satisfied with the outcome of the arbitration, you can file a lawsuit in court.

    Legal basis: Article 9 of the Regulations on the Supervision of Labor and Social Security has the right to report to the administrative department of labor security any organization or individual any violation of labor security laws, regulations or rules.

    The administrative department for labor and social security shall keep the informant confidential; Whistleblowers who report truthfully and provide major clues and evidence for the investigation and punishment of major violations of labor security laws, regulations or rules will be rewarded.

    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 compensation, work-related injury medical expenses, economic compensation or compensation, etc.;

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

    Article 5 of the Labor Dispute Mediation and Arbitration Law 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.

  9. Anonymous users2024-02-08

    Summary. Hello, happy to answer your questions. The quickest and most direct solution to the company's wage arrears is to file a complaint with the local labor inspection brigade. It is the fastest and most direct way to solve the arrears of migrant workers' wages through the strength of the department.

    1. According to Article 85 of the Labor Contract Law, if an employer is in arrears or fails to pay the labor remuneration in full, it may file a complaint with the labor inspectorate, which shall accept the case and order the employer to pay within a time limit; If the payment is not made within the time limit, it shall be ordered to pay compensation according to 50 to 100 percent of the amount in arrears.

    2. According to Article 9 of the Labor Contract Law, 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.

    The fastest and most direct solution to the company's wage arrears

    Hello, happy to answer your questions. The quickest and most direct solution to the company's arrears of wages is to file a complaint with the local labor inspection brigade. It is the fastest and most direct way to solve the arrears of migrant workers' wages through the strength of the department.

    1. According to Article 85 of the Labor Contract Law, if an employer is in arrears or fails to pay the full amount of labor remuneration, it may file a complaint with the labor inspectorate, which shall accept it and order the employer to pay within a time limit; If the payment is not made within the time limit, it shall be ordered to pay compensation according to 50 to 100 percent of the amount in arrears. 2. According to Article 9 of the Labor Contract Law, any digging 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.

    I hope mine can be helpful to you.

  10. Anonymous users2024-02-07

    Summary. Hello dear! The fastest and most direct solution to the company's wage arrears is to go to your local labor dispute arbitration commission to request arbitration.

    The arbitration will award that your company pays your salary, and you can claim some financial compensation. According to the Labor Contract Law of the People's Republic of China, an employer must sign an employment contract with an employee within one month. If the contract is not signed for more than one month, double wages will be paid for each month from one month to one year.

    If it has not been signed for more than one year, it shall be deemed that an indefinite-term labor contract has been signed. In this case, your employer will pay you double your monthly salary, and you agree to go to your employer's local labor dispute arbitration committee to request arbitration.

    Hello dear! The fastest and most direct solution to the company's wage arrears is to go to your local arbitration committee to request arbitration. The arbitration will award that your company pays your salary, and you can claim some financial compensation.

    According to the Labor Contract Law of the People's Republic of China, an employer must sign an employment contract with an employee within one month. If the contract is not signed for more than one month, double wages will be paid for each month from one month to one year. If it has not been signed for more than one year, it shall be deemed that an indefinite-term labor contract has been signed.

    In this case, your employer will have to pay you double your monthly salary, and you agree to go to the local labor dispute arbitration committee of your employer to request arbitration.

    Interim Provisions on Payment of Wages" Article 18 The labor administrative departments at all levels have the right 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 department shall order the employer to pay the wages and economic compensation of the worker, and may order the employer to pay compensation: (1) deducting or defaulting on the employee's wages without reason; (2) Refusal to pay wages for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard;

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

    Dear, have you negotiated with the company?

  11. Anonymous users2024-02-06

    Hello! If the company is in arrears, the fastest and most direct solution is to recover the arrears through legal channels. According to the Labor Law of the People's Republic of China and the Labor Contract Law, the employer shall pay the wages and remuneration of the employee at the agreed time and standard, and shall not be in arrears or underpaid.

    If the employer violates the regulations, the employee has the right to demand payment of his wages. The specific steps are as follows:1

    Negotiate with the employer to settle the problem: First of all, you can try to communicate and negotiate with the employer to seek the possibility of reconciliation and strive to get the arrears of wages as soon as possible. 2.

    Labor arbitration: If the negotiation fails, you can apply to the local labor arbitration commission for arbitration. During the arbitration process, the labor arbitration commission will hear the statements and evidence of both parties, and lead dust will make an award.

    3.Filing a lawsuit: If the arbitration result does not meet your requirements, or if the employer does not fulfill the arbitral award, it can file a lawsuit with the people's court.

    2.If the employer maliciously defaults on wages and is suspected of committing a crime, the employee may report the case to the public security organ and provide relevant evidence. 3.

    When defending legal rights, it is recommended that workers seek the help of a professional lawyer to ensure that their legitimate rights and interests are protected to the greatest extent.

  12. Anonymous users2024-02-05

    Summary. Hello dear, happy to answer your <>

    If the company is in arrears, the quickest and most direct solution is to negotiate with the company and ask the company to pay the wages in a timely manner. You can contact the company through **, text message, WeChat, etc., explain your situation, and ask the company to pay your salary. If the company agrees to pay the salary, it can ask the company to pay the salary within a specific period of time and ask the company to issue a written proof of payment.

    The fastest and most direct solution to the company's wage arrears

    Hello dear, happy to answer your <>

    If the company is in arrears, the quickest and most direct solution is to negotiate with the company and ask the company to pay the wages in a timely manner. You can contact the company through **, SMS nuclear side hole, micro change dry letter, etc., explain your situation, and ask the company to pay wages. If the company agrees to pay the salary, it can ask the company to pay the salary within a specific period of time and ask the company to issue a written proof of payment.

    The legal analysis made by Qinqin for you is as follows: If the negotiation with the company is fruitless, it can be stimulated to take the following measures to protect your legitimate rights and interests:1

    Send a lawyer's letter: You can consult with a law firm and entrust a lawyer to send a lawyer's letter on your behalf, asking the company to pay your salary. A lawyer's letter has the force of law and can exert a certain amount of pressure on the company.

    2.Initiating labor arbitration or litigation: You can file a labor arbitration or lawsuit with a local labor arbitration institution or court to demand that the company pay wages.

    Before initiating labor arbitration or litigation, it is necessary to prepare relevant evidence and materials, such as labor contracts, work records, payslips, etc.

    Dear, if you don't know anything, you can consult me at any time, as long as you need it, I am always there

Related questions
28 answers2024-08-13

I didn't sign a contract, I didn't have an IOU, what if the boss didn't give money.

13 answers2024-08-13

The first step is to collect relevant evidence that you have worked in the company, labor contracts, work documents, work photos, work records, etc., the more the better, the more beneficial it is for you, if you have not signed a labor contract, you can ask for compensation of double wages every month, if you have worked for one year, there is no more, and the law acknowledges that you have signed the contract. >>>More

10 answers2024-08-13

1. Apply to the people's court for a payment order.

According to Article 30 of the Labor Contract Law and Article 16 of the Labor Dispute Arbitration and Mediation Law, if an employer issues an IOU of wages to an employee or reaches a payment agreement and fails to perform the payment obligation as agreed, the employee may directly apply to the people's court for a payment order. In addition, an application form, an IOU, and the applicant's identity document are required. >>>More

21 answers2024-08-13

There are three steps:

1. Evidence of working in the company and arrears of wages should be collected. >>>More

7 answers2024-08-13

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