What is the illegal act of arrears of wages, and is it illegal to default on wages

1. What is the illegal act of arrears of wages?

1. Wage arrears are labor violations. The employee may apply for labor arbitration to demand the employer to pay wages, and if the employer refuses to pay the labor remuneration, and the amount reaches a large amount, it is a criminal act. If a worker is owed wages, he or she may recover wages by reporting or applying for labor arbitration.

2. Legal basis: Article 50 of the Labor Law of the People's Republic of China.

Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Article 48.

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 49.

1) The minimum living expenses of the worker himself and the average dependent population;

2) the average level of social wages;

3) labor productivity;

4) employment status;

5) Differences in the level of economic development between regions.

2. How to solve wage arrears.

The solution to wage arrears is as follows:

1. Report to the labor administrative department;

2. Apply for arbitration to the Labor Arbitration Commission;

3. If you are not satisfied with the arbitration result, you should file a lawsuit in the court within 15 days after getting the arbitration letter; If the employer fails to pay the labor remuneration to the employee 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 employee to pay the labor remuneration within a time limit.

Legal Analysis: Wage arrears are illegal. Wages shall be paid to the worker in monetary form on a monthly basis or, in the case of holidays or rest days, in advance on the nearest working day.

If the employer is in arrears with the wages of the employee, the labor administrative department shall order the employee to pay the wages within a specified period; 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 50 of the Labor Law of the People's Republic of China 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 7 of the Interim Provisions on Payment of Wages shall 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 are implemented.

Legal Analysis: Wage arrears are not considered illegal acts, but about labor disputes. It is illegal to pay a large amount of money owed when you can afford to pay it, and you have not paid it after repeated warnings.

Generally, the employer will pay wages within one month or two months, and if the time exceeds two months, the wages are in arrears, and the boss has not paid the wages, the employee can ask the labor and social security inspection department or the court to settle the matter and get his labor remuneration back.

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. Wages shall not be deducted or unjustifiably delayed.

Article 51 The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with law.

It is the legal duty of the employer to pay the wages of the employee in full and in a timely manner in accordance with the law. According to the law, the employer may delay the payment of wages only if the employer is unable to pay wages on time due to natural disasters, wars and other reasons that are beyond the resistance of the land manpower, or if the employer is temporarily unable to pay wages due to production and operation difficulties and capital turnover, and obtains the consent of the labor union of the employer on the matter of delaying the payment of wages. If the above circumstances do not exist, the employer's behavior of arrears of wages is illegal.

Article 5 of the Interim Provisions on Payment of Wages.

Wages should be paid in legal tender. Payment in kind and in alternative currency** may not be made.

Article 30 of the Labor Contract Law.

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.

Article 50 of the Labour Code.

Wages shall be paid to the worker in monetary form on a monthly basis. No wages shall be withheld or unjustifiably deferred.