What should I do if my salary has been delayed after I leave the job?

1.If a labor contract has been signed with the employer: first, negotiate with the person in charge of the company first; second, if the negotiation fails, complain to the labor department; Third, if you apply for labor arbitration through legal channels, you can also sue your employer if you are not satisfied with the arbitration award.

2.If you have not signed a labor contract with the employer: Step 1:

Because there is no labor contract, the first thing to do is to collect evidence of working in the company, such as the company's badge, clothing, schedule with your name, attendance sheet, salary slip, company WeChat chat records, social security, etc.; Step 2: After preparing the evidence, you can first ask the boss to settle the wages, and declare that if you do not settle, you will complain to the labor department about the arrears of wages; Step 3: If the negotiation fails, then go to the labor department where the company is located to complain or solve it through legal channels.

Note: For those who do not sign a labor contract, they can request to pay double wages for one year from the second month of employment, and the time limit is one year.

After separation, the salary has been delayed, and the solution is as follows:

1. Negotiate and negotiate with the company;

2. Workers can file a complaint with the local labor bureau for labor inspection, first report to the local labor department, and then present relevant evidence of the employer's infringement and submit the complaint document to the labor department. Scope of acceptance: All enterprises, institutions or other employers under the jurisdiction of the district that violate labor security laws and regulations are within the scope of acceptance of reports and complaints;

3. You can go to the local labor bureau, that is, the labor dispute arbitration committee of the human resources and social security bureau, to apply for arbitration and ask for payment of wages. If you do not have an employment contract, you can demand double the wages of the unsigned employment contract. If the employment relationship is terminated on the basis of arrears of wages, the employee may also be required to pay compensation for financial distress.

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

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 may order the state to pay 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.

Legal analysis: Under normal circumstances, the parties should first file a complaint with the labor inspection department or apply to the labor arbitration commission for arbitration, and only if they still fail to pay after being urged by the labor administrative department to pay the labor remuneration constitutes the crime of refusing to pay labor remuneration.

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

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.

Labor Contract Law of the People's Republic of China

Article 30 The employer shall, in accordance with the provisions of the State on the provisions of the Labor Contract and the State for Negotiations, 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 In any of the following circumstances, the employer shall pay the worker a wage report that is higher than the wage for normal working hours in accordance with the following standards: (1) If the worker is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150 percent of the wage; (2) If a worker is assigned to work on a rest day without compensatory leave, he shall be paid a wage remuneration of not less than 200 percent of his wages; (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.

If the employer refuses to pay the employee's wages, the employee may file a complaint with the local labor inspection department or apply for labor arbitration. If wages are not paid in time, there are two ways to request payment of wages: 1. The worker can go to the local labor bureau to supervise and complain; Pros:

It's simple. 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 the employment contract is not signed, the employer may also be required to pay double the wages for the absence of the employment contract. If the labor relationship is terminated on the basis of arrears of wages, you can also request the payment of economic compensation. Pros:

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

Article 50 of the Labor Law stipulates that wages shall be paid to the worker in the form of money on a monthly basis. The wages of those who have been called for labor shall not be deducted or unjustified.

You can go to the labor department to complain, and you should delay the settlement of wages on the day of resignation, and you can apply for arbitration if you don't give it.

If the employer is in arrears of wages, it may apply for labor arbitration within one year of resignation to demand payment of the wages owed.

How long is the period of arrears in one day, generally speaking, a few months is definitely not normal. Your total cavity is that the arrears also have an impact on the company itself, and the actual defeat of the head of the head in the legal way to file a proper lawsuit.

It's been dragging it out and not giving you the initiative to ask for it.,Just ask for it directly.。

If the employer persists in delaying the payment of wages after resignation, the employee may negotiate with the employer, and if the negotiation fails, he or she may apply for labor arbitration. According to Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, this Law shall apply to the following labor disputes between employers and employees 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 or termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, forgiveness, 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 provided for by laws and regulations.

Article 5 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. Precautions should be taken when applying for labor arbitration.

1. The party making the arbitration request shall submit a written application to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute. The arbitral award shall normally be rendered within 60 days of receipt of the application for arbitration. If there is no objection to the arbitral award, the parties must perform it.

2. If the parties to a labor dispute are dissatisfied with the arbitral award, they may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. If one party does not file a lawsuit and fails to perform the arbitral award within the statutory time limit, the other party may apply to the people's court for compulsory enforcement. We hope you find the above helpful, and if you have any other questions, you can consult a professional lawyer.

Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes 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 or 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 provided for by laws and regulations. Article 5 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.