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[Legal Analysis].The employer shall pay the employee's wages in a lump sum when the labor contract is dissolved or terminated. If the employee is in arrears of wages after leaving the job, the employee can file a complaint with the inspection brigade of the local labor bureau.
If the complaint is ineffective, you can apply for labor arbitration, and if you are not satisfied with the award, you can also file a lawsuit with the local people's court and apply for a payment order.
[Legal basis].
Article 9 of the Interim Provisions on Payment of Wages When both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.
Article 47 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Except as otherwise provided in this Law, the arbitral award shall be final and effective from the date of its issuance
1) Disputes over the recovery of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, which does not exceed the amount of the local monthly minimum wage standard for 12 months;
2) Disputes arising from the implementation of national labor standards in terms of working hours, rest and vacation, social insurance, etc.
Article 10 of the Regulations on Labor Security Supervision The labor and social security administrative departments 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.
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.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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Legal analysis: 1. The employee can negotiate with the employer; 2. Workers can complain to the labor administrative department; 3. The worker may apply to the local people's court for a payment order in accordance with the law; 4. The employee may file a labor arbitration to require the employer to pay the arrears of wages and remuneration and economic compensation equivalent to 25% of the salary; 5. If they are not satisfied with the ruling, they may also file a lawsuit with the people's court. [Legal basis].
Labor Law of the People's Republic of China 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 it to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation: (1) deducting or delaying 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 the provisions of this Law.
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1.It is necessary to confirm the facts of the employment relationship with the employer, such as pay stubs, attendance records, and documents in the course of work. 2.
After confirming the labor relationship, for the illegal act of arrears of wages by the unit, you can negotiate with the boss Zaoqin and ask the employer to pay back wages. 3.If the negotiation fails, bring the relevant information to the labor bureau to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration.
Article 5 of the Labor Dispute Arbitration Law is missing.
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.
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If the employee has left the company in arrears of wages, the employee may report to the labor administrative department, and the labor administrative department shall order the labor remuneration to be paid within a time limit; 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.
Article 85 of the Labor Contract Law of the People's Republic of China stipulates that 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 5% to 10% 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 state regulations; (2) Paying wages to workers lower than the local minimum wage standard; (3) Arrange overtime work without paying overtime pay.
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
Legal Analysis: The handling method of wage arrears by the unit is as follows: >>>More
If the employer is in arrears of wages, the worker may first negotiate with the employer, and if the negotiation fails, he or she may file a complaint with the labor inspection brigade where the employer is located or apply to the Labor and Personnel Dispute Arbitration Commission for arbitration. If a complaint is filed with the labor department, the employee shall bring his/her identity document and supporting materials to prove the labor relationship and the fact of wage arrears. >>>More
The company is in arrears of wages, and it is unreasonable for the company to claim compensation for his losses after normal resignation. The resignation shall be handled in accordance with the resignation procedure, and the company shall clear the arrears of wages in a timely manner, and the employee shall not be held liable. Resignation needs to be applied for 30 days in advance, the company can go through the resignation procedures after approval, without application and approval, unauthorized resignation, the company will investigate the losses and responsibilities caused by this.
If the employer is in arrears of wages, the employee must first negotiate with the employer, and if the negotiation cannot be resolved, the employee can resolve the matter through the following legal means: >>>More