What are the provisions of the Labor Code regarding wage arrears?

What are the relevant provisions of the labor law for wage arrears?

The term "withholding" or "unjustifiably delaying" the wages of workers referred to in the first paragraph of Article 91 of the Labor Law of the People's Republic of China has its statutory standards and specific meanings.

The so-called "deduction" refers to the deduction of the employee's wages by the employer without justifiable reasons (i.e., all the labor remuneration that the employer should pay to the employee according to the standard stipulated in the labor contract on the premise that the employee has provided normal work).

The so-called "unexcused arrears" refers to the employer's failure to pay the employee's wages beyond the prescribed salary payment time without justifiable reasons.

According to the Supplementary Provisions on Issues Concerning the Interim Provisions on the Payment of Wages issued by the former Ministry of Labor (Lao Bu Fa No. 1995 No. 226), the "deduction" of workers' wages does not include the following wage reductions:

1) There are clear provisions in national laws and regulations;

2) There are clear provisions in the labor contract signed in accordance with the law;

3) There are clear provisions in the factory rules and regulations formulated by the employer in accordance with the law and approved by the workers' congress;

4) The total wage of the enterprise is linked to the economic benefit, and when the economic benefit falls, the wage must be lowered (but the wage paid to the worker shall not be lower than the local minimum wage standard);

5) Reduction of wages due to personal leave, etc.

1. What are the provisions of the Labor Law on Wage Arrears?

The Labor Law stipulates that if an employer defaults on the wages of an employee without reason, the labor administrative department shall order the employee to pay the employee's wages and remuneration, and may also order the payment of compensation.

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

2. Who to report and complain about the arrears of wages?

Any organization or individual has the right to report violations of labor security laws to the administrative department of human resources and social security; Workers have the right to lodge a complaint with the administrative department of human resources and social security against the employer's violation of labor security laws and infringement of their legitimate rights and interests.

The scope of the complaint includes:

1. The employer fails to formulate rules and regulations that directly affect the vital interests of the employee;

2. The employer has not established an employment management account;

3. The employer and the employee have not signed a labor contract, agreed on a probationary period and other necessary terms, failed to deliver the text of the labor contract, and failed to issue a certificate of dissolution or termination of the labor relationship;

4. The employer fails to implement the minimum wage standard, fails to pay the employee's wages, economic compensation and compensation;

5. The employer fails to comply with the relevant regulations on employment registration and filing, as well as the regulations on the employment of Taiwanese, Hong Kong and Macao personnel in the Mainland and the employment of foreigners in China;

6. The employer fails to comply with the special labor protection regulations for female employees and juvenile workers and the regulations on prohibiting the use of child labor;

7. The employer fails to comply with the regulations on working hours, rest and vacation;

8. Failure of labor dispatch units and employing units to comply with the relevant provisions of labor dispatch;

9. Failure of vocational intermediary institutions, vocational skills training institutions and vocational skills assessment and appraisal institutions to comply with the relevant provisions on employment introduction, vocational skills training and vocational skills assessment and appraisal;

10. Medical institutions, drug business units and other social insurance service institutions fail to comply with the relevant provisions of social insurance;

11. The internship and trainee unit fails to comply with the laws and regulations on labor security for student internships and trainees;

12. As well as other labor security supervision and inspection matters stipulated by laws, regulations and rules.

1. If the employer is in arrears of wages, the employee can terminate the labor contract and receive compensation;

2. If the employer is in arrears of wages, the employee may apply to the court for a payment order.

1. What should be done if the unit is in arrears of wages?

The handling method of arrears of wages by the employer is as follows:

1. The worker 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.

Paragraph 1 of Article 38 of the Labor Contract Law.

Under any of the following circumstances, the employee may terminate the labor contract:

1) Failure to provide labor protection or labor rebate code 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.

Article 30. 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.

It is an offence to pay non-payment. The law stipulates that if an employer defaults on the wages of an employee without reason, the labor administrative department shall order the employee to pay the employee's wages and remuneration, and may also order Sun Li to pay compensation. Any organization or individual has the right to report to the administrative department of human resources and social security any violation of the law on labor security protection, and workers have the right to complain to the administrative department of human resources and social security against the employer's violation of the law on labor security and infringement of their legitimate rights and interests.

Labor Law of the People's Republic of China

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) 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) Failure to provide economic compensation to the employee in accordance with the provisions of this Law after the termination of the labor contract is not completed.

1. What are the provisions of the Labor Law of the People's Republic of China on wage arrears?

1. The provisions of the Labor Law of the People's Republic of China on arrears of wages are that wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed. This means that wages should be paid on time and in sufficient amounts every month in accordance with the signed contract, and the wages of employees should not be deducted without justifiable reasons.

2. Legal basis: 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) Oak Hong pays 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.

2. How to protect rights in case of wage arrears.

The methods for defending rights in the event of wage arrears are as follows:

1. If you are owed wages, you should complain to the labor inspection department in time;

2. The employer can also be required to pay compensation;

3. It can be resolved through the labor and social security inspection department or the court.

The issue of wage arrears is stipulated in the Labor Law, the Labor Contract Law, the Regulations for the Implementation of the Labor Contract Law, and the Interim Provisions on the Payment of Wages.

The provisions of the Labor Law on wage arrears stipulate that if wages are in arrears, they will be required to be corrected and paid in a timely manner, and if they are maliciously in arrears, they will be subject to criminal liability.

First of all, the labor law stipulates that the arrears of wages are more than 10,000 yuan. The boss can be sentenced to up to 7 years in prison.

What is the legal provision of the Labor Code on wage arrears? According to Article 50 of Chapter 5 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. Wages shall not be deducted or unjustifiably delayed.

Article 51 The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during the period of participating in social activities in accordance with law. Chapter 12 Legal Responsibility Article 89 Where the labor rules and regulations formulated by an employer violate the provisions of laws and regulations, the labor administrative department shall give a warning and order corrections; If damage is caused to the worker, he shall be liable for compensation. Article 90 Where an employer violates the provisions of this Law by extending the working hours of a worker, the labor administrative department shall give a warning, order it to make corrections, and may impose a fine.

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 the worker to pay the worker's wages 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) Failing to give economic compensation to the employee in accordance with the provisions of this Law after the termination of the suspected labor contract. Do you understand this explanation?