How to deal with the arrears of wages of enterprises, and how to deal with the arrears of wages of e

If the employer is in arrears of wages, the worker may first negotiate with the employer, and if the negotiation fails, he or she may file a complaint with the labor inspection brigade where the employer is located or apply to the Labor and Personnel Dispute Arbitration Commission for arbitration. If a complaint is filed with the labor department, the employee shall bring his/her identity document and supporting materials to prove the labor relationship and the fact of wage arrears.

Legal basis] Article 15 of the Third Full Text of the Judicial Interpretation on Labor Disputes.

If an employee files a lawsuit with a basic people's court in accordance with Article 48 of the Mediation and Arbitration Law, and the employer applies to the Intermediate People's Court at the place where the Labor and Personnel Dispute Arbitration Commission is located to revoke the arbitral award in accordance with Article 49 of the Mediation and Arbitration Law, the Intermediate People's Court shall not accept it; where it has already been accepted, a ruling shall be made to reject the application. If the lawsuit is rejected by the people's court or the employee withdraws the lawsuit, the employer may, within 30 days from the date of receipt of the ruling, apply to the Intermediate People's Court at the place where the Labor and Personnel Dispute Arbitration Commission is located to revoke the arbitral award.

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 require the employer to pay the arrears of wages and remuneration and economic compensation equivalent to 25% of the salary; 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.

Those who fail to perform their wage obligations as agreed in the contract may file a complaint with the labor administrative department, which shall order them 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 payment is made 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 100/100 of the amount payable.

Legal basis:: "Good Leniency Labor Law".

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) 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 is in arrears of wages, the employee may first negotiate with the employer, and if the negotiation fails, he or she may file a complaint with the labor inspection team where the employer is located or apply to the Labor and Personnel Dispute Arbitration Commission for arbitration.

Article 79 of the Labor Contract Law stipulates that after a labor dispute occurs, the parties may apply to the labor dispute mediation committee of their employer for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration.

One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. Hail Mountain who is dissatisfied with the arbitral award may file a lawsuit with the people's court.

How to deal with wage arrears by the employer: negotiate with the employer; apply for mediation with a mediation organization; report to the labor administrative department; Apply to the Labor Dispute Arbitration Commission for arbitration; If a person requests a payment order from the people's court, he or she may file a lawsuit if he is dissatisfied with the arbitral award.

Legal basis:Article 5 of the Law on Mediation and Arbitration of Labor Disputes.

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.

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 require the employer to pay the arrears of wages and remuneration and economic compensation equivalent to 25% of the salary; 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.

Methods for dealing with wage arrears of enterprises: negotiation with enterprises; apply to the mediation organization for mediation and promotion; Apply to the Labor Dispute Arbitration Commission for arbitration; Directly request a payment order from the people's court; lodge a complaint with the labor administrative department; If you are dissatisfied with the labor arbitration award, you should file a lawsuit with the court where the enterprise is located or where the labor contract is performed; Other.

1. Is it legal for the boss to reduce his salary without permission?

If the boss lowers wages without permission, the measures for the worker to protect their rights include: negotiate with the boss; report to the labor administrative department; Apply for mediation to the enterprise labor dispute mediation committee, grassroots people's mediation organization, or organization with labor dispute mediation functions established in townships and neighborhoods; Apply to the Labor Dispute Arbitration Commission for arbitration; request a payment order from the people's court; Filing a lawsuit with the people's court for the arbitral award; Other.

2. Can I call the police if I don't pay my salary?

If the company owes wages and does not pay them, the employee may report to the police; If no crime is constituted, the worker can generally claim wages through the following methods: negotiate with the company; apply for mediation with a mediation organization; Apply to the Labor Dispute Arbitration Commission for arbitration; Directly request a payment order from the people's court; lodge a complaint with the labor administrative department; Dissatisfied with the labor arbitration award, file a lawsuit with the court; Other.

Article 5 of the Law on Mediation and Arbitration of Labor Disputes.

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.

For enterprises in arrears of wages, the labor administrative department shall order them to pay labor remuneration within a time limit. If the remuneration for the sale of sedan chairs is lower than the local minimum wage standard, the difference shall be paid; If the payment is not made within the time limit, the employee shall be ordered to pay additional compensation at the rate of 5% to 10% of the amount payable.

Article 85 of the Labor Contract Law.

In any of the following circumstances, the labor administrative department shall order the employer 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: If the employer is in arrears of wages, you can file a complaint with the Supervision Brigade of the Labor Department, or you can directly apply for labor arbitration, and you can also apply to the court for a payment order in accordance with the law.

Legal basis: Article 30 of the Labor Contract Law 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 on stopping early returns. 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.

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 require the employer to pay the arrears of wages and remuneration and economic compensation equivalent to 25% of the salary; 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.