How to report the problem of unpaid wages?

Labor inspection complaints from the Labor Bureau.

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 not 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 employers to comply with the relevant provisions of labor dispatch.

9. Vocational intermediary institutions, vocational skills training institutions and vocational skills assessment and appraisal institutions fail 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.

In accordance with the Interim Regulations on the Payment of Wages

Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the wages of the laborer in full at the time of dissolution or termination.

Article 18 The labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:

1) Deducting or defaulting on the wages of workers without reason.

2) Refusal to pay wages for extended working hours.

3) Paying wages to workers at a rate lower than the local minimum wage.

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration organ for arbitration in accordance with the law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

In order to avoid wage arrears, employees need to keep the proof of labor relationship. In addition, the situation of the employer's payment of wages will be recorded, and the future unit's failure to pay wages will be used as evidence.

The above content refers to: Encyclopedia - Interim Regulations on Payment of Wages.

If the employer is in arrears of wages, it can complain or report to the local labor inspection brigade or call 12333.

Call ** to 12345 or 12333 to complain.

Legal analysis: In addition to complaining to the local labor inspection department, the national leading wage arrears clue reflection platform has also been fully opened, which fully receives and handles clues on migrant workers' wage arrears.

Migrant workers can follow the WeChat of the Ministry of Human Resources and Social Security and select "**Arrears" in the "Human Resources and Social Security Service" column, and can submit clues about arrears of wages anytime and anywhere after logging in, and are no longer limited by time and geography. After receiving the clues on the problem of wage arrears, the platform will automatically transfer them to the human resources and social security department of the place where the wages are owed for verification and processing. The Ministry of Human Resources and Social Security and the provincial human resources and social security departments will supervise the whole process of handling clues on wage arrears through the platform to ensure that the problem of wage arrears is resolved in a timely and effective manner.

Legal basis: Article 48 of the Civil Code of the People's Republic of China The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record.

The wages paid by the employer to the employee shall not be lower than the local minimum wage.

Article 30 of the Civil Code of the People's Republic of China An 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 44 Under any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) if the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

Legal analysis: If the employer does not pay wages, you can call 12333** to complain, or you can complain to the inspection brigade of the Labor Bureau. According to Article 7 of the Interim Provisions on Payment of Wages, wages must be paid on the date agreed between the employer and the employee.

In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wage systems may be paid on a weekly, daily, or hourly basis.

Legal basis: Article 11 of the Regulations on the Supervision of Labor and Social Security: The administrative department of the Human Resources Society will ensure that the administrative department implements labor security supervision on the implementation of the minimum wage standard, the payment of wages, economic compensation and compensation to employees. Therefore, if the employer fails to pay the labor remuneration of the employee in full and in a timely manner, the employee may file a complaint with the district human resources administrative department where the employee is located.

The following materials are required for a complaint:

1. Complainant's ID card;

2. Labor contract;

3. The "work permit", "service certificate" and other documents issued by the employer to the employee that can prove the identity of the employee;

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

5. Recruitment records such as the "registration form" and "registration form" filled in by the employee;

6. Attendance records;

7. Other materials to prove the labor relationship.

1. How to report wage arrears?

In the case of arrears of wages by the employer, the employee shall first negotiate with the employer, and if the negotiation cannot be resolved, the employee can resolve the matter through the following legal means:

1) Complain and report to the labor and social security supervision agency of the empty filial piety;

2) To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application should be submitted to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute;

3) Resolve through litigation.

This is divided into three situations: first, for labor dispute cases, if any party is dissatisfied after labor arbitration, it can file a lawsuit with the court; Second, if the employer does not enforce the labor arbitration award after the labor arbitration award takes effect, the employee 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.

Laugh at the loss. 2. Legal consequences of wage arrears.

1.The employee can terminate the contract.

According to Article 38 of the Labor Contract Law, if an employer fails to pay the employee in full and in a timely manner, the employee may terminate the labor contract.

2.Payment of compensation.

According to Article 85 of the Labor Contract Law, if an employer fails to pay the employee's remuneration 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 employer to pay the remuneration within a time limit. If the employer pays the employee's wages lower than the local minimum wage standard, it shall pay the difference in the period; If the employer fails to pay within the time limit, the employer shall be ordered to pay compensation to the employee at the rate of more than 50% and less than 100% of the amount payable.

3. How to protect the rights of workers in arrears of wages?

Workers can solve the problem by the following methods:

1.report to the labor administrative department (usually the labor management inspection brigade);

2.direct application for arbitration;

3.If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.

4.In accordance with the provisions of the state, in the case of arbitration or litigation, in addition to the full payment of the wages and remuneration of the worker within the prescribed time, an additional economic compensation equivalent to 25% of the wages and remuneration shall be paid.

Life is full of variety, and the law cannot be all-encompassing. Therefore, when encountering legal problems in life, we must correctly, comprehensively and objectively understand the original intent of the law, effectively protect our legitimate rights and interests, bravely strive for our own wages, and correctly apply the laws and regulations. If you still have any questions, please feel free to contact us.

12333 is a free consultation provided by the Ministry of Human Resources and Social Security to the public on human resources and social security public services**, covering endowment insurance, maternity insurance, labor relations, labor compensation, employee welfare and other fields. It mainly provides services such as policy consultation, information inquiry, handling guides, and complaints and reports.

Workers may, in accordance with the evidence, report the arrears of wages to the local labor and social security inspection brigade in person or in writing.

If an employer violates the Interim Provisions on Payment of Wages, the Labor Law, and the Labor Contract Law to owe wages to an employee, the employee shall immediately make a written report or complaint to the local labor and social security inspection brigade and request the labor and social security inspection brigade to handle the matter in accordance with the law.

**12333 is the national unified labor and social security supervision agency for consultation, reporting and complaints**.

Article 26 of the Regulations on the Supervision of Labor and Social Security If an employer commits any of the following acts, the administrative department of labor and social security shall order the employer to pay the employee's wages and remuneration, 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

deducting or defaulting on the wages and remuneration of workers without reason;

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

The termination of the labor contract does not give the employee economic compensation in accordance with the law.