Boss, how to report to the Human Resources and Social Security Bureau if you owe wages?

1. How to report the boss in arrears of employees' wages.

1. The way to report the boss's arrears of wages to employees is as follows:

1) The employer can directly complain to the local labor inspection brigade if the employer is in arrears of wages, and the statute of limitations for filing a complaint with the labor inspection brigade is two years;

2) Apply to the Labor Dispute Arbitration Commission for labor arbitration on the grounds of failure to pay wages in full and on time, and request the termination of labor relations and payment of wages and economic compensation;

3) Apply to the local people's court for a payment order.

2. Legal basis: Article 2 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China.

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.

2. What is the process of filing a court lawsuit for wage arrears?

The process of filing a court lawsuit for wage arrears is as follows:

1. Write the indictment, explain the indictment and the situation of the parties before applying;

2. After the plaintiff makes an application, it is necessary to review the actual situation and decide whether to file the case;

3. The trial will not begin until the case is filed.

If you owe wages, you have to find the labor arbitration commission! There is a job fact that is generally a win.

1. The process of reporting wage arrears to the Labor Bureau: 1. Report to the labor administrative department, usually the labor management and inspection team. 2. You can also apply for arbitration directly.

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 specified time, an additional economic compensation equivalent to 25% of the wages and remuneration shall be paid.

Article 5 of the Labor Dispute Arbitration Law.

In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Steps of the complaint process of the Labor Bureau: preparation of supporting materials, negotiation and mediation, complaint and report arbitration; Materials: personal identity documents, documents proving labor relations.

1.If no labor contract has been signed, the following evidence may be collected to prove the de facto labor relationship: (1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums.

2) The "work permit", "service certificate" and other documents issued by the employer to the worker that can prove the identity. (3) Recruitment records such as the "Boarding and Slow Sail Form" and "Registration Form" filled in by the worker. (4) Attendance records or testimony of other workers.

2.In the case of wage arrears, the employer should first negotiate with the employer, and if the negotiation cannot be resolved, it can be resolved through the following legal channels: Complaint and report to the local labor and social security inspection agency; 3.To apply to the local labor dispute arbitration commission for arbitration, 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 and resolved through litigation.

Legal basis: Article 50 of the Labor Law of the People's Republic of China stipulates that 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 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) the employee is deducted or in arrears of 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.

1. In the case of arrears of wages in the employer, the worker should first negotiate with the employer, and if the negotiation cannot be resolved, the employee can resolve the matter through the following legal channels: (1) Complain and report to the local labor and social security supervision agency; (2) To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application must be submitted to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute; (3) Resolve the matter through litigation and litigation. This is divided into three cases:

First, for labor dispute cases, if any party is dissatisfied after labor arbitration, he or she may 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. 1) Article 9 of the Labor Dispute Mediation and Arbitration Law stipulates that if an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or defaulting on medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, and the labor administrative department shall handle it in accordance with the law. 2) Article 17 of the "Regulations on the Supervision of Labor Security" The investigation of the violation of labor security laws, regulations or rules shall be completed by the labor security administrative department within 60 working days from the date of filing the case; If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.

1. No matter what the boss owes wages to the county labor bureau, can he report it to the municipal labor bureau?

If the county human resources and social security bureau (commonly known as the labor bureau) is not satisfied with the labor inspection handling, it can file an administrative lawsuit or complaint but cannot go to the municipal human resources and social security bureau to continue the complaint. Because labor cases are managed territorially, the Municipal Human Resources and Social Security Bureau only deals with labor disputes that are actually enterprises. If the labor inspection cannot handle it, it can also apply for labor arbitration.

Complaints are free and require you to come in person and bring your ID. If there is evidence of an employment relationship with this company, you can bring it with you, such as a work card, work permit, labor contract, etc., and you can also complain if there is no evidence. Generally, the complaint will be closed within 60 days, but it may be a few days if it is fast.

For the rest, if you don't understand it, you can read the "Labor Inspection Regulations". Only by striving for it can there be hope.

2. Can the company sue the Labor Bureau for arrears of employees' wages?

The company cannot sue the labor bureau for arrears of wages, but you can seek help from the labor bureau, which can be done in the following ways:

1. If the employer is in arrears of wages, if it cannot be resolved through negotiation, it can go to the local labor inspection department to complain or apply for labor arbitration;

2. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

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

2) The "work permit", "service certificate" and other documents issued by the employer to the worker that can prove the identity.

3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;

4) Attendance records;

5) Testimony of other workers, etc. Therefore, the worker or the labor and social security department can prove or confirm from the above aspects. In judicial practice, the employment relationship can also be proved by using the company's business transaction documents, audio recording evidence, etc.

Article 80 of the Labor Contract Law stipulates that the rules and regulations are illegal.

If the rules and regulations of the employer directly related to the vital interests of the employee violate the provisions of laws and regulations, the labor administrative department shall order the employer to make corrections and give a warning; If any damage is caused to the worker, he shall be liable for compensation.

3. If the company defaults on wages and goes to the labor bureau, the labor bureau will not do anything.

In the case of wage arrears by the employer, the employee should first negotiate with the employer, and if the negotiation cannot be resolved, the employee can resolve the matter through the following legal channels: (1) complain and report to the local labor and social security supervision agency; (2) To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application must be submitted to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute; (3) Resolve through litigation. Pay attention to collect relevant evidence to prove it.

Wage deduction is suspected of violating the law, and you should first go to the labor bureau to complain, and if the labor bureau thinks that there is a dispute, you should go to labor arbitration. Labor arbitration bench adjudication refers to the arbitration commission of labor disputes in which the parties apply for arbitration in the middle of the arbitration and adjudication of labor disputes. In China, labor arbitration is a necessary procedure for parties to a labor dispute to file a lawsuit in the people's court.

According to the Labor Dispute Mediation and Arbitration Law, the party initiating labor arbitration shall submit a written application to the Labor Dispute Arbitration Commission within one year from the date of occurrence of the labor dispute. Unless the parties are state parties due to force majeure or other legitimate reasons, the arbitration commission shall not accept the application if the application for arbitration exceeds the statute of limitations prescribed by law. 1. During the existence of the labor relationship, if a dispute arises due to arrears of labor remuneration, the employee's application for arbitration shall not be subject to the limitation period of arbitration; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

In many labor disputes, the termination time of the employment relationship plays an important role in whether the case can enter the substantive trial. Therefore, both the employer and the employee must be prepared accordingly in terms of evidence or cross-examination of the termination of the labor relationship when responding to a labor dispute. 2. In principle, the labor arbitration commission should not take the initiative to review the issue of the statute of limitations for labor arbitration.

This is because the statute of limitations for arbitration is governed by the statute of limitations, and it is a procedural issue that is ignored. If the opposing party does not mention the limitation period in court, the labor arbitration commission should not take the initiative to examine the issue. However, unfortunately, it is not uncommon for labor arbitration commissions to take the initiative to review the statute of limitations for arbitration in arbitration practice, and the existence of such phenomena cannot be entirely attributed to the inaccuracy of the judicial standards of some labor arbitration commissions, but also to the unreasonable layout of the provisions of the Labor Dispute Arbitration Law itself.

The issue of the statute of limitations for labor dispute arbitration is directly stipulated in the "Section 2 Application and Acceptance" chapter of the Labor Dispute Arbitration Law, and it is easy for the arbitration commission to take the limitation period as a condition for whether to accept labor dispute arbitration.

The employee may apply to the arbitration commission with jurisdiction for labor arbitration in the case of a dispute over the fictitious capital of a hosiery car, and the limitation period for applying for arbitration is one year. The limitation period for arbitration is calculated from the date on which the employee knows or should know that his or her rights have been infringed. If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the above-mentioned limitation period for arbitration; However, if the employment relationship is terminated, an application for arbitration shall be filed within one year from the date of termination of the employment relationship.

It should be noted that, according to the Labor Dispute Mediation and Arbitration Law, if the amount in dispute regarding the recovery of labor remuneration does not exceed the amount of the local monthly minimum wage standard for 12 months, the arbitral award shall only have final effect on the enterprise, and the employee may still file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. If the amount in dispute over the recovery of labor remuneration exceeds the amount of the local monthly minimum wage for 12 months, the arbitral award shall not be final against the employee or the enterprise, and either party may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award.

How to apply for a payment order for an employee who is in arrears of wages.

In the event that the enterprise is in arrears or fails to pay the labor remuneration in full, the employee may apply to the arbitration commission for arbitration, and may also apply to the local basic people's court with jurisdiction for a payment order in accordance with the provisions of the Labor Contract Law. The people's court shall notify the employee within 5 days whether to accept the application, and after acceptance, after reviewing that the application meets the requirements of the law, the people's court will issue a payment order to the enterprise within 15 days from the date of acceptance, and if the application is not sustained, it shall rule to reject it.

If the enterprise submits a written objection within 15 days of receiving the payment order and is upheld by the court, resulting in the court ruling that the payment order is invalid, the employee is not completely helpless. According to Article 3 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases, as long as the employee has an IOU from the enterprise, he or she can directly file a lawsuit with the people's court without having to apply for labor arbitration before doing so. If the enterprise neither objects nor performs the payment order more than 15 days after receiving the payment order, the employee may apply to the court for enforcement.

According to the above introduction, it can be known that employees can apply for labor arbitration when they encounter wage arrears, and arbitration is still a pre-procedure for litigation. Of course, it is not necessary to apply for arbitration or file a lawsuit to deal with wage arrears disputes. In this case, it can also be resolved through negotiation, mediation, etc.