How to deal with the company s arrears of wages, and how to deal with the company s arrears of wages

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.

2. Lodge a complaint with the Labor Inspectorate.

Call the "12333" national unified human resources and social security public welfare consulting service number to complain or directly report the situation to the office window of the labor inspection department.

According to Article 85 of the Labor Contract Law and Article 9 of the Labor Dispute Arbitration and Mediation Law, if an employer is in arrears or fails to pay labor remuneration in full, it may file a complaint with the labor inspectorate, which shall accept it and order the employer to pay within a time limit. If the payment is not made within the time limit, it shall be ordered to pay compensation according to 50 to 100 percent of the amount in arrears. Complaints to the labor inspection can be made verbally or in writing, and the employer needs to submit his or her ID card and evidence of the employer's arrears of wages.

3. Apply for labor dispute arbitration.

Labor dispute arbitration is an effective way to recover labor remuneration and can generally be finally resolved. Labor dispute arbitration shall be under the jurisdiction of the labor dispute arbitration commission at the place where the employer is domiciled or where the labor contract is performed, and the application for labor dispute arbitration shall be submitted with a copy of the arbitration application and the number of respondents, and one copy of the applicant's ID card; 2 copies of relevant evidence and a list of evidence; In some areas, it is also necessary to provide the business registration information of the employer.

Labor cases can be handled by themselves, the same can be won, and labor arbitration is completely free, I hope mine will help you solve the problem, labor disputes, labor arbitration everyone can hi me!

1. Because the employer violated the law first, you can leave immediately after you leave the job in writing, and ask the employer to pay you the arrears of wages, deposits, economic compensation, double wages (up to 11 months), overtime wages, etc.; Counting from the time you leave your job, the statute of limitations for labor arbitration is one year!

2. The premise is that there is evidence to prove the labor relationship! For example, tooling with the company's name, work card or work card (preferably stamped with the official seal), salary card, salary slip, attendance record, social insurance payment record, colleague testimony (resignation and employment are acceptable), audio and video recordings or other documents with your name and official seal, etc. (including the work card with the official seal, social insurance payment records, documents with your name and official seal, one is enough to prove the labor relationship).

3. Applying for labor arbitration is very simple: bring the labor arbitration application, a copy of your ID card, relevant evidence, and industrial and commercial registration information, and then go to the local arbitration commission to apply for a case! After the case is filed, you go to find a new job, and you don't delay anything!

Legal basis: Labor Contract Law:

Article 10 A written labor contract shall be concluded for the establishment of labor relations.

If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

The company's arrears of wages violated Article 50 of the Labor Law, which states that "wages shall be paid to the workers themselves in monetary form 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 are not going to do it at the company, then collect evidence of going to work, and then go to the local social security department to apply for labor inspection and labor arbitration.

Legal analysis: If the company is in arrears of wages, you can file a complaint with the inspection brigade of the local labor bureau. If the complaint is ineffective, you can apply for labor arbitration, and if you are not satisfied with the award, you can also file a lawsuit with the local people's court and apply for a payment order.

Legal basis: Article 47 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration Except as otherwise provided in this Law, the arbitral award shall be final and effective from the date of issuance

1) Disputes over the recovery of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, which does not exceed the amount of the local monthly minimum wage standard for 12 months;

2) Disputes arising from the implementation of national labor standards in terms of working hours, rest and vacation, social insurance, etc.

Article 10 of the Regulations on Labor Security Supervision The labor and social security administrative departments shall carry out labor security inspections and perform the following duties:

1) Publicize labor security laws, regulations, and rules, and urge employers to implement them;

2) To inspect the employer's compliance with labor security laws, regulations and rules;

3) To accept reports and complaints about violations of labor security laws, regulations or rules;

4) Correct, investigate and deal with violations of labor security laws, regulations or rules in accordance with the law.

Article 30 of the Labor Contract Law of the People's Republic of China 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 72 The hourly remuneration standard for part-time employment shall not be lower than the minimum hourly wage standard prescribed by the people in the place where the employer is located.

The period for settlement and payment of labor remuneration for part-time employees shall not exceed 15 days at the longest.

If the company is in arrears of wages, the worker can file a complaint with the local labor bureau for judgment; You can apply for mediation to the company's mediation committee and other mediation organizations; You can apply for labor arbitration; Or the hungry person shall negotiate with the responsible personnel of the company to deal with it.

Legal basis] Article 85 of the Labor Contract Law of the People's Republic of China.

In any of the following circumstances, the labor administrative department shall order the employer 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 77 of the Labor Law of the People's Republic of China.

In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration, file a lawsuit in accordance with the law, or resolve it through negotiation.

Legal analysis: 1. The employee can negotiate with the employer; 2. Workers can complain to the labor administrative department; 3. The worker may apply to the local people's court for a payment order in accordance with the law; 4. The employee may file a labor arbitration to require the employer to pay the arrears of wages and remuneration and economic compensation equivalent to 25% of the salary; 5. If they are not satisfied with the ruling, they may also file a lawsuit with the people's court. Legal basis:

Labor Law of the People's Republic of China Article 91 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 payment of compensation: (1) deducting or delaying the worker's wages 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) After the termination of the labor contract, the labor bureau fails to give economic compensation to the burying traveler in accordance with the provisions of this law.

1. For this kind of illegal behavior, the easiest way is to complain to the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the "Labor and Social Security Supervision Regulations" in accordance with the law, 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.

3. The most effective is to apply for labor arbitration directly to the local labor administrative department, and claim compensation from the unit through the award issued by the labor arbitration, and if the compensation is not paid, you can apply to the court for enforcement.

4. If the labor arbitration is not accepted or the arbitration is unfair, a civil lawsuit can be filed with the court within 15 days and directly executed through the court judgment.

5. In accordance with the provisions of Article 85 of the Labor Contract Law, the employer may also request the employer to pay you additional compensation according to the standard of between 50% and 100% of the amount payable.

6. Article 77 of the Labor Contract Law stipulates that if the legitimate rights and interests of an employee are infringed, he or she has the right to request the relevant department to deal with it according to law, or to apply for arbitration or file a lawsuit in accordance with the law.

7. Article 276-1 of the Criminal Law.

Crime of refusal to pay labor remuneration] Evading payment of labor remuneration to laborers by means such as transferring property or escaping, or having the ability to pay but not paying laborers' labor remuneration, and the amount is relatively large, and the payment is still not paid after being ordered to do so by the relevant departments, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine of withering gold; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

8. 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.

9. Because the company fails to pay labor remuneration on time, the employee can resign and ask for economic compensation. The worker may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages. If the labor arbitration award is refused to be enforced, it may apply to the court for compulsory enforcement.

1. Consequences of unjustified deduction and arrears of wages.

1. The employing unit shall bear civil liability in accordance with the law: if the employer deducts or arrears the wages of the employee without reason, or refuses to pay the employee the wages and remuneration for extended working hours, the employee may notify the employer at any time to terminate the labor contract and request compensation from the employer. In addition to paying the employee's wages and remuneration in full within the prescribed time, the employer shall also pay an additional severance equivalent to 25% of the wages and remuneration.

The company's handling of wage arrears is as follows:

1. If the company owes the wages of the employees, it can be mediated first, and if the mediation fails, you can complain. or apply for labor arbitration;

2. In the event of a labor dispute in accordance with the relevant laws and regulations, 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.

How to deal with the wages owed by the enterprise to employees.

The compensation for arrears of wages shall be calculated according to the following provisions:

1. If the employer fails to pay the labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract, the labor administrative department shall order the employee to pay the labor remuneration, overtime pay or economic compensation within a time limit;

2. 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 100% of the amount payable.

Legal basis: Article 5 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.

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; Unwilling to mediate, mediation fails, or.

If the mediation agreement is not performed after reaching a mediation agreement, it 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.

If the company is in arrears of wages, it may report to the Ministry of Labor Administration, and the labor administrative department shall order the payment of labor remuneration 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

Legal basis] Article 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 employee's wages 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.