-
First, it is necessary to collect conclusive evidence of the existence of labor relations and wage arrears;
Second, the steps to resolve and complain.
1. The first method is to follow the boss every day to ask for his own salary, and after a long time, the boss is annoyed, so he will naturally pay the salary.
The second method, if the boss insists on defaulting, you can call 12333, the national wage arrears hotline, to try.
The third method is to write a written complaint** and submit it to the local labor inspection department to seek help from the other party in protecting rights and recovering wages.
-
If you are in arrears, you can call 12333, and the staff will give feedback within 7 working days. They can also go to the local labor inspection brigade with jurisdiction to report and complain and demand the arrears of wages. They will notify the unit within 15 days to resolve the issue.
You can also go to the local labor arbitration court, which generally does not take more than 60 days to resolve.
Legal basis] 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:
1) Disputes arising from the confirmation of labor relations;
2) Disputes arising from the conclusion, performance, modification, rescission and 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 stipulated by laws and regulations.
Article 27 The limitation period for applying for arbitration of labor disputes shall be one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.
The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated. Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended.
The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated. If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.
-
First of all, you can go to the local labor office, or the labor inspection brigade to file a complaint. Require him (the boss) to pay back the arrears of wages. Secondly, you can also go to the local labor arbitration commission and apply for labor arbitration.
-
If you owe an employee's wages, call 12333.
-
If you can choose labor arbitration, you can file a complaint directly.
-
1. How to report the boss in arrears of employees' wages.
1. The way to report the boss's arrears of wages to employees is as follows:
1) The employer can directly complain to the local labor inspection brigade if the employer is in arrears of wages, and the statute of limitations for filing a complaint with the labor inspection brigade is two years;
2) Apply to the Labor Dispute Arbitration Commission for labor arbitration on the grounds of failure to pay wages in full and on time, and request the termination of labor relations and payment of wages and economic compensation;
3) Apply to the local people's court for a payment order.
2. Legal basis: Article 2 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China.
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 and 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 stipulated by laws and regulations.
2. What is the process of filing a court lawsuit for wage arrears?
The process of filing a court lawsuit for wage arrears is as follows:
1. Write the indictment, explain the indictment and the situation of the parties before applying;
2. After the plaintiff makes an application, it is necessary to review the actual situation and decide whether to file the case;
3. The trial will not begin until the case is filed.
-
Legal analysis: If the employer is in arrears of wages at the time of resignation, the employee may apply to the labor dispute arbitration institution for arbitration in accordance with the law, or may file a complaint with the labor security supervision agency in accordance with the law. If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears in medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle the matter in accordance with law.
Legal basis: Article 7 of the Interim Provisions on Payment of Wages Wages must 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.
Labor Contract Law of the People's Republic of China Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, 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 91 of the Labor Law of the People's Republic of China 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 employer 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: In the case of wage arrears by the employer, the employee should first negotiate with the employer, and if the negotiation cannot be resolved, the employee can resolve the matter through the following legal channels: (1) complain and report to the local labor and social security supervision agency; (2) To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application must be submitted to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute; (3) Resolve through litigation.
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. Large and hidden.
Labor Contract Law of the People's Republic of China
Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the labor contractor in full and in a timely manner. If the employer is in arrears or fails to pay the full amount of labor compensation, 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 Under any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) if the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (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 a complaint is filed with the labor inspection department for wage arrears, 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 national 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 people's court shall issue a payment order in accordance with the law. >>>More
The employee can apply for labor arbitration to demand payment of the arrears of wages from the employer. >>>More
Evasion of wage arrears is suspected of the crime of malicious wage arrears, and the police may be called. >>>More
If the negotiation with the employer fails, the employee can go to the labor inspection department to report the situation, or apply to the labor arbitration commission to protect his rights and interests. >>>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