What should I do if I am in arrears of wages, and what should I do if I am in arrears of wages?

According to the relevant regulations, if the employer defaults on wages, the employee can protect his or her rights in the following ways:

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 demand the employer to pay the arrears of wages and remuneration and economic compensation equivalent to 25% of the wages. Although there are various channels for employees to protect their rights, the author suggests that the employee first negotiate with the employer, and if the negotiation fails, he or she can directly initiate labor arbitration and request the employer to pay the arrears of wages and remuneration and economic compensation.

Article 85 of the Labor Contract Law of the People's Republic of China: If an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2) Paying wages to workers at a rate lower than the local minimum wage standard;

3) arranging overtime work without paying overtime pay;

4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

Legal analysis: 1. The employee 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 demand the employer to pay the arrears of wages and remuneration and economic compensation equivalent to 25% of the wages. 5. If they are not satisfied with the ruling, they may also file a lawsuit with the people's court. Legal basis:

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) deducting or delaying 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) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.

Legal analysis: 1. The employee 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 demand the employer to pay the arrears of wages and remuneration and economic compensation equivalent to 25% of the wages. 5. If they are not satisfied with the ruling, they may also file a lawsuit with the people's court. Legal basis:

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) deducting or delaying 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) After the termination of the labor contract, the labor bureau fails to give economic compensation to the burying traveler in accordance with the provisions of this law.

Legal Analysis: The handling method of wage arrears by the unit 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 demand the employer to pay the arrears of wages and remuneration and economic compensation equivalent to 25% of the wages.

5. If they are not satisfied with the ruling, they may also file a lawsuit with the people's court.

Legal basis: 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) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.

If the employer fails to pay wages at the agreed time without reason, it is considered to be in arrears of wages, and if the arrears of wages have been in deficit for a relatively long time, the worker may file a complaint with the labor administrative department against the employer. If an employer defaults on the wages of a worker, the labor administrative department shall order the payment of wages and remuneration to the worker, and may also order the payment of compensation.

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

Article 90 Where an employer violates the provisions of this Law by extending the working hours of its employees, 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 payment of wages and remuneration and economic compensation to the worker, and may also order the payment of compensation: (1) Withholding or defaulting on the wages of the worker 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) After the termination of the labor contract, the employee fails to give economic compensation in accordance with the provisions of this Law.

The easiest way is to file a complaint with the local labor law enforcement inspection brigade, who will supervise and inspect the employer in accordance with the "Labor Security Supervision Regulations" and order it to pay the arrears of wages. 2. According to Article 30 of the Lao Zhaochang Contract Law, if the employer defaults on or fails to pay the remuneration in full, the employee 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. 3. Apply for labor arbitration (no fee) to the local labor administrative department, when arbitrating, you can try to collect some relevant evidence (a work permit is enough), which is conducive to ruling, and it doesn't matter if you don't, labor dispute cases, according to the relevant laws and regulations of the state, the burden of proof is mainly on the employer, and the employer will be ordered to show relevant evidence, you don't have to worry.

4. While claiming wages in the above ways, the employer may also be required to pay you additional compensation according to the standard of 50% to 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law.

Legal basis:Article 30 of the Labor Contract Law stipulates that 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 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.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

Legal analysis: If the employer is in arrears of wages, Li Feng is ordered by the labor administrative department to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China If an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of between 50% and 1% of the amount payable: (1) Failing to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; 2) Paying wages to workers at a rate lower than the local minimum wage standard; 3) arranging overtime work without paying overtime pay; 4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

Legal Analysis: If an employer is in arrears of wages and the labor administrative department orders it to pay labor remuneration, overtime pay or economic compensation within a time limit if it is lower than the local minimum wage standard, it shall pay the difference and fails to pay the difference, and order the employer to pay additional compensation to the employee according to the standard of 50% to 100% of the amount payable.

Legal basis: Article 48 of the Labor Law of the People's Republic of China The State implements a minimum wage guarantee system. The specific standard 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 to the filing bureau.

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

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 worker 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.