Which department to find for employee salary arrears, and which department to find for company salar

Legal analysis: If an employee is in arrears of wages, he or she can file a complaint with the local labor inspection department, or apply for labor arbitration and litigation to protect his or her legitimate rights and interests.

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.

Article 9 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 9 Where an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with law.

1. Complain to the labor bureau where the employer is located.

2. Complain to the labor arbitration commission where the employer is located.

3. When the employee legally terminates the labor contract, the employer shall pay the employee's wages in a lump sum.

If the employer fails to pay, the worker may file a complaint with the labor and social security administrative department (labor inspection brigade), and the labor inspection brigade shall order the employee to pay within a time limit. The company has been in arrears of wages, and as long as the employment relationship exists, the employee can actively claim the payment of wages. If the company refuses to apply for arbitration within 60 days from the date of occurrence of the labor dispute according to the general regulations, the employee can actively refute it and, if necessary, find a professional lawyer to intervene to protect the rights.

1. Negotiate with the employer first, and if the negotiation cannot be resolved, find the local labor service administrative department.

1) When faced with wage arrears by the employer, the worker can report to the labor department, and 2) the worker can also file a complaint with the labor and social security administrative department to request intervention and investigation;

3) or directly submit an application for arbitration to the labor dispute arbitration commission.

2. Evidence required for applying for labor arbitration for arrears of wages:

1) Receipts or records of payment of wages (payroll roster) and records of payment of various social insurance premiums; (2) The work permit and other documents that can prove the identity of the worker;

3) Records of the employer's recruitment registration form, registration form, etc., filled in by the worker;

4) Attendance records:

5) Testimony of other workers, etc.

In addition to seeking relief from the relevant authorities, the employee can also choose to terminate the labor contract on his own initiative, because according to Article 38 of the Labor Contract Law, if the employer "fails to pay the labor remuneration in full and in a timely manner", the employee can terminate the labor contract at any time, and in this case, the employer also needs to pay economic compensation to the employee in accordance with the statutory standard with reference to Article 46. If the employer does not agree, it can also seek assistance from the labor dispute arbitration commission and the people's court.

Legal basis

Labor Contract Law

Article 77 In the event of a labor dispute between an employer and a worker, the parties concerned may apply for mediation, arbitration, or file a lawsuit in accordance with law, or may resolve it through negotiation.

Article 30 "Where an employer is in arrears or fails to pay labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with law, and the people's court shall issue a payment order in accordance with law. ”

Article 79 After a labor dispute arises, the parties may apply to the labor dispute mediation committee of the unit for mediation; If the mediation fails, if one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly 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.

Legal Analysis: Failure to pay labor remuneration within the time limit is an illegal act. If the boss has been in arrears of wages, the employee can file a complaint with the local labor administrative department.

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract and the provisions of the state. If the employer fails to pay the remuneration of the labor contract within the time limit, the labor administrative department shall order the employer to pay the remuneration within the time limit, and if the employer fails to pay within the time limit, it shall pay the employee additional compensation according to the standard of more than 50% and less than 100% of the amount payable.