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1. Complain to the labor inspection brigade. If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, the worker may file a complaint with the labor administrative department, which shall handle the matter in accordance with law.
2. Labor arbitration. 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, or if they are unwilling to mediate, fail to mediate, or fail to perform after reaching a mediation agreement, they may apply to the labor dispute arbitration commission for arbitration; If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
3. Filing a lawsuit with the court. If the worker has an IOU, he or she may file a civil lawsuit with the court with his ID card, household registration booklet, IOU, complaint and a copy thereof, and the court orders the employer to pay the arrears, but the employer still fails to pay, the worker may apply to the court for compulsory enforcement within two years after the expiration of the time limit specified in the judgment.
4. 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.
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1. Complain to the labor inspection brigade. If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, the worker may file a complaint with the Ministry of Labor Administration, and the labor administrative department shall handle the matter in accordance with the law.
2. Labor arbitration. 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, or if they are unwilling to mediate, fail to mediate, or fail to perform after reaching a mediation agreement, they may apply to the labor dispute arbitration commission for arbitration; If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
3. Filing a lawsuit with the court. If the employee has an IOU, he or she may file a civil lawsuit with the court with his ID card, household registration booklet, IOU, complaint and a copy, and the court orders the employer to pay the arrears, but the employer still fails to pay, the worker may apply to the court for compulsory enforcement within two years after the expiration of the time limit specified in the judgment.
4. If the employer is in arrears or fails to pay the remuneration of the laborer's head and friend, 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.
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If the company is in arrears of wages, it can bring relevant materials to the labor bureau to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration in full and in a timely manner. 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.
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Legal Analysis: How to Complain about Wage Arrears in Units If you encounter wage arrears from your employer, you can file a complaint with the Safeguard Supervision Brigade of the labor department, or you can apply for labor arbitration directly through direct sales.
Legal basis: Article 50 of the Labor Law of the People's Republic of China: The wage code chain shall be paid to the worker himself in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
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If the company is in arrears of wages, you can go to the labor bureau and the labor arbitration commission to complain.
Legal basis: Article 50 of the Labor Law 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 of the Labor Law stipulates that if an employer infringes upon the legitimate rights and interests of an employee in any of the following circumstances, the labor administrative department shall order the employer to pay the employee'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.
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When the employer fails to pay wages on a monthly basis, the employee may report the matter to the local labor and social security department, or directly file an arbitration with the labor dispute arbitration commission to request correction of the company's wrong practices and require the company to pay the arrears of employees' wages.
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.
I have been working in the field for 5 months, I have not been paid until I quit last year's New Year, I am in arrears for three months, and I have been in contact with the manager over there, saying that the payment has not been paid until now, how can I get my salary back? Now people are local, not out of town.
The first step is to collect relevant evidence that you have worked in the company, labor contracts, work documents, work photos, work records, etc., the more the better, the more beneficial it is for you, if you have not signed a labor contract, you can ask for compensation of double wages every month, if you have worked for one year, there is no more, and the law acknowledges that you have signed the contract. >>>More
1. Apply to the people's court for a payment order.
According to Article 30 of the Labor Contract Law and Article 16 of the Labor Dispute Arbitration and Mediation Law, if an employer issues an IOU of wages to an employee or reaches a payment agreement and fails to perform the payment obligation as agreed, the employee may directly apply to the people's court for a payment order. In addition, an application form, an IOU, and the applicant's identity document are required. >>>More
Generally, the human resources and social security department shall order payment, but other relevant departments may also order payment within the scope of their authority. 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 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. >>>More
Generally speaking, in this case, you can refer to the following ways to protect your rights: >>>More