What to do if you don t pay your wages in arrears What to do if you don t pay your wages in arrears

The solution to the non-payment of unpaid wages:

1. Complain and report to the local labor and social security supervision agency.

2. Apply to the local labor dispute arbitration commission for arbitration.

3. Resolve through litigation.

According to the provisions of the state, in the case of arbitration or litigation, in addition to the full payment of the employee's wages and remuneration within the prescribed time, an additional economic compensation equivalent to 25% of the wages and remuneration shall be paid. Unjustified wage arrears is the act of an employer defaulting on the employee's wages without any legitimate or even reasonable reason.

Acts of delaying or underpaying employees' wages. Unjustified wage arrears are not legal, and if there is a contract between the parties, the party owed can take the other party to court. If the employer fails to pay the employee in full and in a timely manner, the employee may terminate the labor contract.

Workers should pay attention to the following in the protection of their rights against wage arrears

1. Confirm the facts of the labor relationship with the unit, such as payroll, attendance records, and documents in the process of work.

2. After confirming the labor relationship, you can negotiate with the boss and ask the employer to pay back wages for the illegal behavior of the unit in arrears of wages.

3. If the negotiation fails, bring the 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.

4. If the amount of arrears of wages is relatively large, you can directly ask a lawyer to file a lawsuit and recover the arrears of wages through litigation.

In this case, it is best to find some human or physical evidence, find some evidence that can be shown to the other party, and then go to the labor bureau for a ruling. It is not easy for laborers to earn money with their hands. The time to ask for money cannot be delayed, and if you can't discuss it with the boss, you can directly go to the labor inspection brigade or the labor arbitration commission to solve it.

There is no fee to apply for arbitration, and the award is then borne by the respondent.

Legal analysis

Evidence in favor of the worker can be collected as evidenced by whether there are witnesses or written evidence that he has completed the work. When talking to the boss, the worker can use the recording equipment prepared in advance to record the other party's admission that the worker has done the job. It's better to negotiate, if you really can't, the worker has evidence to get to court.

Workers work part-time and use their labor to earn labor compensation. When the worker finishes his work, the boss should pay the worker. This is a labor law that has been agreed upon in ancient and modern China and abroad.

Both sides should strictly adhere to it. However, the amount of remuneration and the time and form of remuneration need to be agreed upon by both parties. Generally, units and individuals can perform the contract as scheduled.

However, the current employment market is chaotic, especially for some small and micro enterprises and contract foremen, because their funds are relatively weak, and the temporary turnover will lead to wage arrears. There are also triangular debts, people owe people, and the upstream funds are not in place, resulting in the downstream small bosses or contract foremen not being able to pay wages. There are also individual small bosses or contractors who owe wages to their workers in order to earn a return on investment or interest.

It's very upset for the workers to encounter this situation. If the demand is invalid. It can be reflected in the relevant labor and social security departments.

Ask them to negotiate a mediation or arbitration settlement. Employees who have not signed a labor contract can get the following remuneration when they resign: 1. Labor remuneration payable by employees; 2. If the labor contract is not signed within one month from the establishment of the labor relationship, the company will pay double the salary within one year according to the law.

Workers can directly file a complaint with the Labor Bureau, or apply for labor arbitration and labor litigation to protect their legitimate rights and interests through the law.

Personal suggestion] In the event of wage arrears, workers should not be afraid of difficulties, but should bravely take up the law and protect their labor rights and interests. When initiating labor arbitration or labor litigation, it is also necessary to pay attention to the submission of relevant evidence to avoid losing the case due to insufficient evidence.

Legal basis

Labor Contract Law of the People's Republic of China Article 69 The parties to a part-time employment may enter into an oral agreement. Workers engaged in part-time employment may conclude labor contracts with one or more employers; However, the employment contract concluded later shall not affect the performance of the employment contract concluded earlier.

1. Report to the labor and social security administrative department.

2. 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.

3. Apply to the local labor administrative department for labor arbitration, and claim compensation from the unit through the award issued by labor arbitration.

4. If the labor arbitration is not accepted or the arbitration is unfair, a civil lawsuit may be filed with the court within 15 days.

Legal basis: Regulations on Labor and Social Security Inspection

Article 26 Where an employer commits any of the following acts, the administrative department for labor and social security shall order the employer to pay the wages and remuneration of the laborer, the difference between the worker's wage and the local minimum wage standard, or the economic compensation for the termination of the labor contract within a specified period of time; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50 to 1 time of the amount payable

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

2) The wages paid to the workers are lower than the local minimum wage;

3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.

Article 30 of the Labor Contract Law [Labor Remuneration] The employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract and the provisions of the state.

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 77: [Remedies for Workers' Rights]Where the lawful rights and interests of workers are infringed, they have the right to request that the relevant departments handle it in accordance with law, or to apply for arbitration or initiate litigation in accordance with law.

1. Find out how long wages are in arrears and it is illegal.

In accordance with the provisions of the Labor Law and the Interim Provisions on Payment of Wages, the payment cycle of each wage shall not exceed 15 days, and the specific payment time shall be agreed upon by both parties. As long as the payment is not made on time as agreed, it is considered to be in arrears of wages.

2. Ways to deal with wage arrears.

First of all, negotiate with the boss and ask the boss to pay the arrears of wages. This is the fastest and most hassle-free solution. If the negotiation fails, you can file a complaint with the local labor inspection department.

Or go directly to the local human resources and social security bureau and apply to the labor arbitration dispute committee for labor arbitration. The arbitration commission will coordinate first, and if the coordination fails, it will issue an award. If you are not satisfied with the award, you can file a lawsuit with the court within 15 days of receiving the arbitration statement.

If you have a wage receipt issued by the boss on hand, you can directly sue the court without applying for arbitration, otherwise you must go through arbitration before you can sue the court.

3. Preparation for arrears of wages.

If you want to defend your rights, the most important thing is to collect evidence, because the agreement between a temporary worker and the boss is often verbal, without leaving a written contract. That's why it's important to collect evidence on a day-to-day basis. As long as there is evidence that can prove the existence of a de facto labor relationship, it must be kept, such as records of clocking in and attending, chat records with bosses, salary IOUs, wage payment records, access cards, employee rosters, work cards, testimony of colleagues, etc.

As long as you can think of it, it is related to work, and the more you collect it, the better you can prepare.

During the arbitration, it is necessary to submit the application for arbitration, a copy of the applicant's ID card, a copy and list of relevant evidence, and the employer's industrial and commercial registration information.

4. Claim the compensation that can be obtained.

If the boss still does not pay wages after filing a complaint, the boss can not only be required to pay the arrears of wages, overtime pay, etc. during the arbitration. You can also ask the boss to follow the standard of more than 50% and less than 100% of the amount due. Additional compensation is paid to temporary workers.

If the salary is lower than the local minimum wage, the boss can be asked to pay the difference.

You can ask the employer for your own wages, and if the request fails, you can collect evidence, go to the labor inspection department to complain and report to the employer, and ask for your own wages. You can also go directly to the court to file a lawsuit.

Hello, glad to answer for you. When an employer defaults on wages, the employee may file a complaint with the labor inspection department or apply to the labor dispute arbitration commission for labor arbitration. However, the employee must collect the employer's certificate of arrears of wages and proof of employment.

Between 50% and 100% of the amount payable.

If the company still does not pay, you can complain to the labor bureau and report, if it still does not work, you can apply for labor arbitration.

Just ask the labor bureau to help you deal with it.

Labor arbitration uses the law to protect one's legal rights.

Prepare material evidence to sue him.

Go to the labor office to consult how to solve this situation.

It is illegal to fail to pay labor remuneration within the time limit. When an employee encounters a situation where the company is in arrears of wages, he or she can first negotiate and mediate with the boss privately; If the negotiation fails, you can go to the labor administrative department to complain, no need to pay fees, and do not need to hire a lawyer, according to the provisions of China's Yanbian Labor Contract Law, the labor administrative department has the obligation to order the labor remuneration to be paid within a time limit by the unit of the Luzhou people.

Wages shall be paid to the worker in monetary form on a monthly basis, and wages shall not be deducted or owed to the worker without reason. In the event of wage arrears, it can be resolved in the following ways:

1. You can go to the local labor bureau to complain about the labor inspection.

2. You can apply for arbitration at the local labor branch and limb bureau and ask for payment of wages.

3. Apply to the court for a payment order or directly go to the court to file a labor lawsuit to recover wages and remuneration.

Legal basis] Article 91 of the Law of the People's Republic of China on Labor and Labor, if an employer infringes upon the legitimate rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the payment of wages and remuneration and economic compensation to the employee, 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.

1. Complain and report to the local labor and social security supervision agency; 2. Apply to the local labor dispute arbitration commission for arbitration; 3. Resolve the matter through litigation. 4. In accordance with the provisions of the state, in the case of arbitration or litigation, an additional economic compensation equivalent to 25/100 of the salary shall be paid.

1. Methods for resolving wage arrears in units.

1) You can go to the local labor dispute arbitration committee of your employer to request arbitration. The arbitration will award that your company pays your salary, and you can claim some financial compensation.

2) According to the provisions of the Labor Contract Law of the People's Republic of China, the employer must sign a labor contract with the employee within one month. If the contract is not signed for more than one month, double wages will be paid for each month from one month to one year. If it has not been signed for more than one year, it shall be deemed that an indefinite-term labor contract has been signed.

In this case, your employer will pay you double your monthly salary, and you agree to go to your employer's local labor dispute arbitration committee to request arbitration.

3) In order to arbitrate, you must prove the employment relationship between you. You can ask your employer to show your pay slips or rosters, etc. (the law stipulates that the employer is obliged to show it, and the responsibility is to bear the adverse responsibility), or you can ask your co-workers to be your witnesses to improve the witness testimony. You can also show your paperwork, documents, badges, tooling, etc. to prove it.

2. What is the legal responsibility of the company for arrears of wages?

Interim Provisions on Payment of Wages".

Article 18 The labor administrative departments at all levels shall have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, 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 for extended working hours of laborers;

3) Paying wages to workers lower than the local minimum wage standard;

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

3. What should I do if the company that sues for wage arrears is gone?

When filing a civil lawsuit for wage arrears, if the company has closed down, the employee can report the case to the public security organ, and malicious wage arrears are a crime.

Criminal Law of the People's Republic of China

Article 276-1 [Crime of Refusal to Pay Labor Remuneration] Whoever evades the payment of labor remuneration to a laborer by means such as transferring property, escaping, or has the ability to pay but fails to pay the laborer's remuneration, and the amount is relatively large, and the payment is still not made after being ordered to do so by the relevant department, 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.

To sum up, if you encounter a situation of deliberate non-payment of wages, you can complain to the labor inspection brigade or apply for labor arbitration.