What to do if an individual is not paid in arrears of wages, and what to do if he is not paid in arr

The solution to the non-payment of unpaid wages:

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

2. Apply to the local labor dispute arbitration commission for arbitration.

3. Resolve through litigation.

According to the provisions of the state, in the case of arbitration or litigation, in addition to the full payment of the employee's wages and remuneration within the prescribed time, an additional economic compensation equivalent to 25% of the wages and remuneration shall be paid. Unjustified wage arrears is the act of an employer defaulting on the employee's wages without any legitimate or even reasonable reason.

Acts of delaying or underpaying employees' wages. Unjustified wage arrears are not legal, and if there is a contract between the parties, the party owed can take the other party to court. If the employer fails to pay the employee in full and in a timely manner, the employee may terminate the labor contract.

Workers should pay attention to the following in the protection of their rights against wage arrears

1. Confirm the facts of the labor relationship with the unit, such as payroll, attendance records, and documents in the process of work.

2. After confirming the labor relationship, you can negotiate with the boss and ask the employer to pay back wages for the illegal behavior of the unit in arrears of wages.

3. If the negotiation fails, bring the relevant materials to the labor bureau to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration.

4. If the amount of arrears of wages is relatively large, you can directly ask a lawyer to file a lawsuit and recover the arrears of wages through litigation.

Wage arrears can be reported to the labor administrative department. 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 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.

[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) 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) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.

Legal analysis: If an employer returns a loss of wages in arrears, it can file a complaint with the Safeguard Supervision Brigade of the labor department, or it can directly apply for labor arbitration. 1. Report to the labor administrative department (usually the labor management and inspection team).

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 selling company). 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.

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 state regulations, 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.

Legal analysis: If the arrears of wages are not paid, the employee can report to the labor administrative department, or he can request the employer to pay double wages by applying for a mid-term cut. If the employee has any objection or is not satisfied with the arbitration result, the employee can also file a lawsuit with the court within 15 days after obtaining the arbitration document, and the court judgment will be enforced.

In accordance with the relevant laws and regulations, if the labor remuneration of the employee is not paid in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state, the labor administrative department shall order the payment of labor remuneration, overtime pay or economic compensation within a time limit.

Legal basis: 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.

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums.

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the employee issued by the employer.

3) Recruitment records such as the "registration form" and "registration form" filled in by the employee.

4) Attendance records.

5) Testimony of other workers, etc.

2. Based on two points:

1) If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. (That is to say, more than 1,000 per month after becoming a regular.) ）

2) If the employee fails 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, or fails to pay the labor remuneration within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of 50% to 100% of the amount payable.

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 or termination of labor contracts; (3rd draft) 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 provided for by laws and regulations.

Article 16 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.

If a mediation agreement is reached due to the payment of arrears of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, but the employer fails to perform within the time limit agreed in the agreement, the employee may apply to the people's court for a payment order with the mediation agreement in accordance with the law. The people's court shall issue a payment order in accordance with law.

Article 3 of the Civil Procedure Law of the People's Republic of China.

The provisions of this Law apply to the people's courts' acceptance of civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.

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

"People's mediation" as used in this Law refers to the activities of people's mediation committees to urge the parties to voluntarily reach a mediation agreement on the basis of consultation on an equal footing and resolve civil disputes through methods such as persuasion and counseling.

1. If the wages are not paid at the construction site, you can complain to the labor administrative department or directly apply for labor arbitration. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter. 2. According to the law, if an employer infringes upon the legitimate 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 provide economic compensation to the employee in accordance with the provisions of the law after the termination of the labor contract.

Regulations on the Supervision of Labor and Social Security

Article 26.

If an employer commits any of the following acts, the labor and social security administrative department shall order the employer to pay the employee's wages and remuneration within a specified period of time, the difference between the employee's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract;

If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable

1) Deducting or defaulting on the wages and remuneration of workers without reason;

2) The wages paid to the workers are lower than the local minimum wage;

3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.