What should I do if the employer owes wages, and what should I do if the employer owes wages?

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:

Complain and report to the local labor and social security supervision department; To apply for arbitration to the local labor dispute arbitration commission, it should be noted that a written application must be submitted to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute; There are three types of situations to resolve the case through litigation: first, for labor dispute cases, after labor arbitration, a lawsuit can be filed with the court; Second, if the labor arbitration award takes effect after the arbitration is obeyed, and the employer does not enforce it, it may apply to the court for compulsory enforcement; Third, those who belong to the category of labor arrears can directly file a civil lawsuit with the court. In particular, it should be pointed out that when we encounter a situation where our rights and interests are infringed upon such as wage arrears, we must not resort to radical acts such as climbing buildings and blocking roads, or by means of violence, but must rely on legal means to solve the problem.

Otherwise, impulsiveness will not only be useless, but may also be held accountable for violating the law.

According to the provisions of the Labor Law, if a labor dispute arises between an employer and an employee, the parties concerned may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law. For details, please refer to the introduction of this article: 1. After resignation, if the employer is in arrears of wages, the measures that the employee can take to protect his rights are:

1. Application for mediation After the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, if one of the parties requests arbitration, it may apply to the Labor Dispute Arbitration Commission for arbitration. 3. Filing a lawsuit If a person is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court. 1. The party making the arbitration request shall submit a written application to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute.

The arbitral award shall normally be rendered within 60 days of receipt of the application for arbitration. If there is no objection to the arbitral award, the parties must perform it. 2. If a party to a labor dispute is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award.

If one party does not file a lawsuit and fails to perform the arbitral award within the statutory time limit, the other party may apply to the people's court for compulsory enforcement. 3. 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 worker's wages without reason; (2) Refusal to pay wages and remuneration for extended working hours; (3) Paying wages to workers at a rate 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.

IV. Calculation Standard of Severance Payment: Severance shall be paid to the worker according to the standard of one month's salary for each full year of the employee's service in the unit. 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 economic compensation to be paid to the employee shall be three times the average monthly salary of the employee, and the maximum period of time for which the economic compensation shall be paid shall not exceed 12 years. The 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.

Labor Dispute Arbitration Law

Article 9. If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears in medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle the matter in accordance with law.

Labor Contract Law of the People's Republic of China

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.

Legal analysis: Workers can apply for arbitration at the local labor bureau, or they can directly apply to the court for a payment order or file a lawsuit in the court to recover their wages.

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

Article 79 After a labor dispute arises, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and 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.

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 at a rate 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.

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, and 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 in accordance with the law with the mediation agreement. The people's court shall issue a payment order in accordance with law.

The first is that you can file a complaint with the labour inspectorate; According to Article 18 of the Interim Regulations on the Payment of Wages, if an employer deducts or defaults on the wages of an employee without reason, the labor administrative department shall order the employer to pay the employee's wages and economic compensation, and may also order the employer to pay compensation.

The second is to apply to the court for a payment order in accordance with Article 30 of the Labor Contract Law.

The third is to apply for labor arbitration in accordance with Article 38 of the Labor Contract Law, terminate the labor contract and require the employer to pay economic compensation.

Although you can defend your rights in this way, you should also be prepared to leave your job.

What should I do if my boss owes my wages? You can go to the labor office to file a complaint.

Employees who are owed wages can first file a complaint with the labor inspection department, or they can directly apply for labor arbitration.

Legal: What should I do if my boss owes me wages?