What to do if a private boss owes a worker s wages

Negotiation, if the negotiation fails, you can go to the local court to sue.

Report to the local labor law enforcement department, and the law enforcement inspectors of the labor department will help coordinate and solve the problem; You can also go to the local labor dispute arbitration institution to apply for arbitration, and if you are not satisfied with the arbitration, you can also go to the people's court to file a lawsuit and enforce it.

1. The easiest way is to file a complaint with the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with Article 26 of the "Labor Security Supervision Regulations" and order it to pay the arrears of wages.

2. In accordance with the provisions of Article 30 of the Labor Contract Law, if the employer is in arrears or fails to pay the labor 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. The most effective is to apply for labor arbitration directly to the local labor administrative department (no fees, no lawyer), and claim compensation from the unit through the award issued by labor arbitration, and if it is not compensated, it can be applied to the court for enforcement.

4. If the labor arbitration is not accepted or the arbitration is unfair, a civil lawsuit can be filed with the court within 15 days and directly executed through the court judgment.

5. While claiming wages in the above ways, you can also request the employer 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.

1) If you are working for an employer, there are three ways to request a salary:

1. You can go to the local labor bureau to complain about the labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;

2. You can apply for arbitration at the local labor bureau and demand payment of wages. If you do not have an employment contract, you can also 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.

Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

3. Apply to the court for a payment order or go directly to the court to file a labor lawsuit to recover your wages.

2) If you are working for an individual, which is not considered an employment relationship, you can directly go to the court to sue the individual boss and demand payment of labor remuneration.

Legal basis: Article 2 of the Labor Dispute Mediation and Arbitration Law, scope of application.

This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

You first go to the labor bureau to apply for arbitration, and submit all the evidence you can provide as much as possible, including pay stubs, punch records, work records, etc., in short, to prove that you have worked with him, how long you have worked, and how long you owe you wages. If the boss still refuses to enforce the arbitration after the end of the arbitration, he can go to the court to file a lawsuit and apply for compulsory enforcement.

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

Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Workers shall not be deducted or owed wages without reason.

Labor Law of the People's Republic of China

Article 77 In the event of a labor dispute between an employer and a worker, the parties may apply for mediation, arbitration, or file a lawsuit in accordance with law, or may resolve it through negotiation.

The principles of conciliation apply to both arbitration and litigation proceedings.

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.

Hello, the private boss is in arrears of wages, and the worker can deal with it in the following ways: 1. Negotiate with the boss; 2. If the negotiation fails, complain to the local supervision brigade; 3. Or bring relevant evidence to prove the labor relationship and apply directly to the labor dispute arbitration commission for arbitration. If an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the Ministry of Labor Administration shall order the employer to pay the employee's wages and remuneration and economic compensation, and may also order the payment of compensation:

1. Deducting or defaulting on the wages of the workers without reason; 2. Refusal to pay wages and remuneration for extended work hours; 3. The wages of those who are paid lower than the local minimum wage standard are paid to those who work in the labor force; 4. After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.

The methods for private bosses to default on wages to workers are as follows:

1. The parties concerned may file a complaint or report to the local labor and social security supervision agency;

2. The parties may apply to the local labor dispute arbitration commission for arbitration;

3. If no labor contract has been signed:

1) It is possible to demand the payment of double wages for those who have not signed a labor contract;

2) If the labor relationship is terminated on the basis of arrears of wages, the employee may also be required to pay severance payments;

4. For labor dispute cases, if any party is dissatisfied after labor arbitration, it can file a lawsuit with the court, and they will obey after arbitration;

5. If the employer fails to enforce the labor arbitration award after it takes effect, it may apply to the court for compulsory enforcement;

6. Those who belong to the category of labor arrears can directly file a civil lawsuit with the court.

Legal basisArticle 91 of the Labor Law of the People's Republic of China.

If an employer infringes upon the rights and interests of the labor union in any of the following circumstances, the labor administrative department shall order the employer to pay the wages and remuneration and economic compensation of the laborers or the workers, 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.

The handling of arrears of wages owed by private bosses to workers is as follows:

1. Negotiate with the boss and request the boss to pay the arrears of wages on time and in full;

2. Negotiate the termination of the labor contract relationship and demand the payment of wages and economic compensation;

3. Go to the local labor inspection brigade to complain and report, and the labor inspection brigade will order the factory to make corrections immediately;

4. If you still refuse to enforce the labor arbitration result, you can file a lawsuit with the court to apply for a payment order.

What are the criteria for filing a criminal case for non-payment of wages.

1. Evading the payment of the laborer's labor remuneration by transferring property, escaping, etc., or having the ability to pay but not paying the laborer's labor remuneration;

2. The amount of dust rent is large, and the specific definition of the large amount has not been clearly defined;

3. Those who have been ordered to pay by the relevant departments still do not pay.

Legal basisArticle 88 of the Labor Contract Law of the People's Republic of China.

Legal Responsibility for Infringing on the Personal Rights and Interests of Workers] Where an employer has any of the following circumstances, it shall be given an administrative penalty in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law; If any damage is caused to the worker, he shall be liable for compensation

1) Forced labor by means of violence, threats, or unlawful restriction of personal freedom;

2) Violating rules and regulations: Violating rules and regulations refers to the celebration of Zhaohua or forcing risky operations to endanger the personal safety of workers;

3) Insulting, corporal punishment, beating, unlawful searching, or detaining laborers;

4) Poor working conditions and serious environmental pollution, causing serious damage to the physical and mental health of workers.

Hello, if a private boss is in arrears of wages, he can file a complaint with the Labor Inspection Brigade and resolve it through his case, or he can solve it by means of a lawsuit, or he can apply directly to the court for a payment order. According to the law, the company's failure to pay the wages and remuneration of the workers in accordance with the labor contract constitutes an infringement of the rights and interests of the workers to enjoy labor remuneration.

Legal Analysis: Employees can file a complaint with the local labor bureau for labor inspection, or they can apply for arbitration at the local labor bureau to demand payment of wages. If the arbitration fails, the court may file a lawsuit against the court.

Legal basis: Article 19 of the Interim Provisions on the Payment of Wages Article 19 If a labor dispute arises between an employee and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority 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.