How to recover the company s arrears of wages

There are three steps:

1. Evidence of working in the company and arrears of wages should be collected.

Second, after having evidence, follow the boss every day and ask the boss for the salary he should receive. I have been persevering to ask the boss, and I will never give up if I don't get it.

Third, if you really can't get it, you can complain to the local labor inspection department in writing, or you can call the 12333 national wage arrears hotline** to complain.

Wage arrears can choose to protect their rights by filing labor arbitration.

Article 85 of the Labor Contract Law If an employer falls under any of the following circumstances, the labor administrative department shall order it 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.

Article 276-1 of the Criminal Law of our country stipulates: Whoever evades the payment of laborers' labor remuneration by means such as transferring property or escaping, or has the ability to pay but fails to pay laborers' labor remuneration, and the amount is relatively large, and the payment is still not made after being ordered to do so by the relevant departments, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Where there are acts in the preceding two paragraphs, but serious consequences have not yet been caused, and the laborer's labor remuneration is paid before the public prosecution is initiated, and the corresponding liability for compensation is borne in accordance with law, the punishment may be commuted or waived.

The best way for the company to recover the arrears of employees' wages is to protect their legitimate rights and interests with the help of the law, and you can apply to the Labor Arbitration Commission of the Labor Bureau for labor arbitration.

If the company is in arrears of wages, the quickest way is to report to the local labor arbitration commission, which will definitely protect the legitimate rights and interests of the employees. If you really can't do it, you can file a lawsuit with the people's court.

The company is in arrears of wages, and what should be clarified is, is there any malice or intention in this? If the company maliciously defaults on wages, this situation needs to be reported to the local labor inspection department, or with the help of the force of the law to protect their own interests, and then must stay away from such a company, there is another situation, maybe the company's current operation has problems, resulting in the company's operating difficulties, if this is the case, employees should fully understand the company's difficulties, the company's employee bosses work together to overcome the difficulties,

The company is in arrears of wages, and legal means should be used to recover it. You can file a complaint with the labor department, arbitrate or file a lawsuit with the people's court.

The company is in arrears of wages, which violates Article 50 of the Labor Law, which states that "wages shall be paid to the workers themselves in the form of money on a monthly basis." shall not deduct or delay the wages of workers without reason", suspected of arrears or deduction of wages, infringing on the legitimate rights and interests of workers, should be repaid.

It is a labor dispute and can be resolved by applying for labor arbitration.

If you don't feel the need to stay with the company, gather evidence of your employment with the company and apply to the local social security department for labor inspection and labor arbitration.

If the company is in arrears of wages, you can first ask ** for help, and if it doesn't work, you can complain to the labor bureau for processing.

If the two parties cannot resolve it through negotiation, they can be resolved through third-party mediation or litigation with the court. . .

The company is in arrears of wages, and if the woman recovers it, she will seek labor arbitration.

The company owes wages and can only recover it from the labor bureau.

Legal analysis: 1. In the case of arrears of wages, it is recommended to first report the specific situation of the arrears of wages to the local human resources and social security department and the labor and social security supervision agency, and provide as many clues and materials as possible to prove that the employer has stopped the transfer, concealed property or has the ability to pay wages, and actively cooperate with the labor and social security supervision agency to investigate and collect evidence.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of Paragraph 1 of Article 41 of this Law;

5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

Legal analysis: 1. In the case of wage arrears, it is recommended to first report the specific situation of the arrears of wages to the local human resources and social security department and the labor and social security supervision agency, and provide as many clues and materials as possible that can prove that the employer has transferred or concealed property or has the ability to pay wages, and actively cooperate with the labor and social security supervision agency to investigate and collect evidence.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances:

1) Where a worker terminates his or her labor in accordance with the provisions of Article 38 of this Law;

2) The employer terminates the labor contract with the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of Paragraph 1 of Article 41 of this Law;

5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

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 application shall clearly state the amount of money requested and the facts and evidence on which it is based, and after the people's court accepts the application, after examining the facts and evidence provided by you, and determines that the creditor's rights and debts are clear and legitimate, it shall issue a payment order to the company within 15 days from the date of acceptance. The company shall pay off the debts within 15 days from the date of receipt of the payment order, or submit a written objection to the people's court. If the company does not raise an objection within the prescribed period and fails to perform the payment order, it may apply to the people's court for enforcement.

Article 30 of the Labor Contract Law stipulates that an 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.

First, you can negotiate with the company's leaders or company personnel first, ask why the company did not pay wages on time, and try to communicate and negotiate the date of payment of wages.

Second, if you feel that it is unreasonable during the negotiation process with the company, you can collect relevant evidence, such as labor contract, social security certificate, salary bank statement, punch-in record, work clothing and work card, etc., and then bring the materials to the local labor inspection department to complain, and ask the company to pay wages within a time limit.

Clause. 3. You can also take the collected relevant materials to the labor arbitration commission to apply for labor arbitration, and ask the company to pay the wages and economic compensation due to the company.

Fourth, if none of the above methods can be reasonably resolved to the problem, you can file a lawsuit in court.

1. If the wages are in arrears, you can complain to the security supervision brigade of the labor department, or you can directly apply for labor arbitration. First of all, you should go to the labor bureau in the city where you are located to file a complaint against your company, and the labor inspection brigade will file a case and leave your basic information. Then go to your company to investigate and find out that the matter is true, they will come forward to mediate, and warn you that the company's behavior has violated the labor law, and they will enforce it if they encounter a company that refuses to implement it.

Wage arrears are a common problem that you can solve by:

1).Report to the labor administrative department (usually the labor management inspection brigade.

2).You can also apply for arbitration directly (the arbitration fee is 200-300 yuan, and if you win, the company will bear all of it.

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).According to the provisions of the state, in the event of arbitration or litigation, you may request that the wages and remuneration of the employee be paid in full within the prescribed time, and that an additional economic compensation equivalent to 25% of the wages and remuneration be paid. (See the reference section for the specific legal basis).

Article 85 of the Labor Contract Law If an employer falls under any of the following circumstances, the labor administrative department shall order it 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 and failing to pay economic compensation to the worker in accordance with this Regulation.

Legal consequences of non-payment of wages.

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.

Paragraph 1 of Article 30 of the Labor Contract Law Risk Impact:

1.The employee can terminate the contract.

According to Article 38 of the Labor Contract Law, if an employer fails to pay the employee in full and in a timely manner, the employee may terminate the labor contract.

2.Payment of compensation.

Article 91 of the Labor Law: "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 it to pay the worker's wages and remuneration and economic compensation, and may also order the employer to pay compensation

1) Deducting or defaulting on the wages of the workers without reason;

2) Refusal to pay wages and remuneration for extended working hours;

3) The wages of workers are paid below 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. It can be seen that if the wages of employees are in arrears without reason, the employer must pay the arrears of wages, compensation (25% of the arrears of wages) and, if necessary, compensation (provided that actual damage is caused).

The only legal way to enjoy the free and time-limited legal method is to apply for arbitration resolution at the labor dispute arbitration committee of the human resources and social security bureau where the project department is located.

It doesn't matter if there is no IOU or contract, as long as it is truthfully reflected to the arbitration institution, the institution has the means to obtain evidence. In fact, it is also valid for you to make a live recording on your mobile phone and provide it to the arbitration when you demand again.

Complain to the labor department and 12315, and if necessary, you can ask for help.

Collect evidence and apply for arbitration at the Human Resources and Social Security Bureau where the company is located. Advocate for the payment of wages.

The legal basis is the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

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.

Article 21.

The Labor Dispute Arbitration Commission is responsible for the jurisdiction of labor disputes occurring in the region.

Labor disputes shall be under the jurisdiction of the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located. If both parties apply for arbitration to the labor dispute arbitration commission at the place where the labor contract is performed and the place where the employer is located, the labor dispute arbitration commission at the place where the labor contract is performed shall have jurisdiction.

1. If you work for an employer, there are two ways to ask for wages:

1. You can go to the local labor bureau to complain about the labor inspection; Pros: Simple way. 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 you do not have an employment contract, you can also demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

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

2. If you are working for an individual, which is not considered an employment relationship, you can directly go to the court to sue the individual boss and demand payment of labor remuneration.