What should I do if the company has no money and can t pay my salary?

What to do if the company has no money and can't pay salaries is explained as follows:

Step 1: Gather evidence of incumbency.

In the process of resolving wage arrears, it is necessary to leave evidence, such as contracts, pay slips, punch records, tooling, work information, colleague testimony, and proof of wage arrears. If it is illegal to not sign an employment contract, you can ask the employer to pay double wages up to a maximum of 11 months;

Step 2: Communicate and negotiate.

Soft grinding and hard bubbles and bosses, such as survival pressure, life pressure, paying rent, water and electricity bills, mortgages, car loans, children need money to study, etc., to say pitiful. If it has not been issued, communicate directly with the boss, and ask the boss to write an IOU when it is issued, indicating how long the salary has not been paid, and how much money is paid every day, so as not to have no voucher when asking for wages in the future.

Step 3: Go through the legal route.

After collecting the relevant evidence for the first and second steps, apply to the local labor inspection department for labor arbitration, seek help, and recover wages from the employer through the award issued by the labor arbitration. If the labor arbitration is not accepted or the labor arbitration decision is not satisfied, a civil lawsuit can be filed with the court within 15 days and the court judgment can be directly enforced.

According to article 50 of the Labour Law, "wages shall be paid in monetary form to the worker on a monthly basis. The wages of the employee shall not be deducted or owed without reason", and "monthly payment" means that the wages shall be paid in the form of monthly wages and shall also be paid monthly, so the employer shall settle the wages within 30 days after the end of the natural month, and more than 30 days shall constitute wage arrears.

First of all, it is necessary to make sure that there is no labor dispute between the labor and management, and if it is only in arrears of wages, it can request the local labor bureau to intervene, and if the situation is more serious, labor arbitration can be considered; If the company is suffering serious losses and cannot pay wages, it must consider joining multiple employees or other creditors to go to court to file for bankruptcy of the company. The former does not charge a fee for filing a case, while the latter requires a fee, which can be consulted by the court.

The solution to the company's failure to pay wages when it runs out of money is as follows:

1. Negotiate and negotiate with the other party;

2. Workers can file a complaint with the local labor bureau for labor inspection, first report to the local labor department, and then present relevant evidence of the employer's infringement and submit the complaint document to the labor department. Scope of acceptance: All enterprises, institutions or other employers under the jurisdiction of the district that violate labor security laws and regulations are within the scope of acceptance of reports and complaints;

3. You can go to the local labor bureau, that is, the labor dispute arbitration committee of the human resources and social security bureau, to apply for arbitration and ask for payment of wages. If you do not have an employment contract, you can demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

Article 91 of the Labor Law of the People's Republic of China.

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) 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 give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

The solution to the company's failure to pay wages when it runs out of money is as follows:

1. The parties can negotiate with the unit to settle the salary, and pay economic compensation, and pay one month's salary for one year of work;

2. If the negotiation fails, you can apply for arbitration, and you can file a lawsuit after the arbitration;

3. The company's property should be used to repay the labor remuneration and related compensation of the workers in priority over the company's shareholders and other general creditors, so it is necessary to control the property not to be concealed or transferred;

4. Subsequently, if you do not want to initiate arbitration, you can report the problem to the labor department and solve the problem through negotiation

1) Not only to keep the evidence of their current salary amount and welfare benefits;

2) In addition, the employer must provide proof of the amount of wages, benefits, and other supporting materials of the employee who has the same position as his own.

5. If it is found that the boss hides or transfers assets and refuses to pay labor remuneration

1) It is a crime to reach a certain amount, and the labor inspection department will order it to pay;

2) If the payment is still not made, the judicial authorities will take measures to make them bear criminal and civil liability.

Legal basisArticle 113 of the Enterprise Bankruptcy Law of the People's Republic of China.

The bankruptcy estate shall be paid off in the following order after the bankruptcy expenses and common debts have been paid off first:

1) The wages and medical treatment, disability allowance and bereavement expenses owed by the bankrupt person to the employees, the basic endowment insurance and basic medical insurance expenses that shall be transferred to the personal accounts of the employees, and the compensation that shall be paid to the employees according to laws and administrative regulations;

2) the social insurance premiums owed by the bankrupt person other than those provided for in the preceding paragraph and the taxes owed by the bankrupt person;

3) Ordinary bankruptcy creditor's rights.

If the bankruptcy estate is insufficient to satisfy the claims in the same order, it shall be distributed proportionately.

The salaries of directors, supervisors and senior managers of a bankrupt enterprise shall be calculated on the basis of the average wages of the employees of the enterprise.

Legal analysis: Employees who do not pay wages can file a complaint with the security supervision brigade of the labor department, or directly apply for labor arbitration. According to the relevant laws, the employer shall pay the employee labor remuneration 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 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 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 national 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 you really don't have money, it's hard to deal with. If an employer deducts wages from an employee or defaults on the employee's wages without reason, the labor and social security supervision department may order the employer to pay the wages and remuneration payable to the employee and compensation equal to 1 to 5 times the amount thereof.

If a labor dispute arises as a result and the parties file a complaint with the labor dispute arbitration commission, the arbitration commission may require the employer to pay the wages and remuneration payable by the employee and 25% of the economic compensation.

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

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Summary. The solution to the company's failure to pay wages when it has no money is as follows: 1. The parties can negotiate with the unit to request the settlement of wages, and pay economic compensation, and pay one month's salary for one year of work; 2. If the negotiation fails, you can apply for arbitration, and you can file a lawsuit after the arbitration;

The solution to the company's failure to pay wages is as follows: 1. The parties can negotiate with the unit to request the settlement of wages, and pay economic compensation to Li Dong and the family, and pay one month's salary for one year of work; 2. If the negotiation fails, you can apply for arbitration, and you can file a lawsuit after the arbitration collapses;

It is also possible to ask the company to issue an IOU.

The company does not issue it.

It can be sued directly in court.

OK. Fix the evidence and apply directly to labor arbitration.

Labor dispute arbitration pre-emption. However, if you only claim for wage compensation, you can choose arbitration or sue in court.

The company has no money on its books, and what will be the general outcome of arbitration?

As long as the evidence is sufficient, it will generally be supported by the filial piety of the posture. However, if the company does not have the money, it can choose to make the representative or person in charge of the legal record through mediation to repay it with his personal property. Of course, if you let the stupid pass the ruling, you can only pay by the company.

The legal representative is the son of our boss, who has just turned 18There is nothing in the name It may be a bit difficult to repay it personally.

The legal representative or person in charge. These are things that can never be raised at the mediation stage. It is recommended to try to solve the problem in the mediation stage, such as the orange ruler such as Yuanshou Gaoguo needs to go through the follow-up enforcement procedure after the judgment, which will be a little more complicated.

Legal analysis: the company's loss of money does not constitute a crime, but if the employer loses money, its failure to pay its wages is illegal, which is an illegal act, and the employer can file a complaint with the local labor inspection department or apply for labor arbitration for the employer's unreasonable arrears of wages.

Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the worker in the form of money on a monthly basis. It is not allowed to withhold or unscrupulously search for arrears of wages and rents.