What should be done if the employer is in arrears of wages?

If the employer is in arrears of wages, the employee must first negotiate with the employer, and if the negotiation cannot be resolved, the employee can resolve the matter through the following legal means:

Complain and report to the local labor and social security supervision department; To apply for arbitration to the local labor dispute arbitration commission, it should be noted that a written application must be submitted to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute; There are three types of situations to resolve the case through litigation: first, for labor dispute cases, after labor arbitration, a lawsuit can be filed with the court; Second, if the labor arbitration award takes effect after the arbitration is obeyed, and the employer does not enforce it, it may apply to the court for compulsory enforcement; Third, those who belong to the category of labor arrears can directly file a civil lawsuit with the court. In particular, it should be pointed out that when we encounter a situation where our rights and interests are infringed upon such as wage arrears, we must not resort to radical acts such as climbing buildings and blocking roads, or by means of violence, but must rely on legal means to solve the problem.

Otherwise, impulsiveness will not only be useless, but may also be held accountable for violating the law.

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 employee is not given economic compensation in accordance with the provisions of this Law.

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. Waiter.

Legal basis: Labor Law of the People's Republic of China Article 91 If an employer infringes upon the lawful rights and interests of a laborer in any of the following circumstances, the labor administrative department shall order the payment of wages and remuneration and economic compensation to the laborer, and may also order the payment of compensation: (1) deducting or defaulting on the employee's wages without reason; (2) Refusing to pay wages and remuneration for extended work hours; (3) Paying wages to workers lower than 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.

According to the relevant provisions of the "Labor Law," if a unit that uses filial piety is in arrears of wages, the labor administrative department may order it to pay the wages and remuneration of the laborer, and may also order it to pay compensation. 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 worker's wages and remuneration and economic compensation, and may also order the payment of compensation: (1) Deducting or defaulting on the worker's wages without reason; (2) Refusing to pay wages and remuneration for extended working hours to those who return to the shed through labor; (3) Paying wages to workers at a rate lower than the local minimum wage; (4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.

Article 91 of the Labor Law.

Legal Analysis: If the employer is in arrears of wages, the employee can file a complaint with the labor administrative department.

Legal basis: 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.

Those who fail to perform their wage obligations as agreed in the contract may file a complaint with the labor administrative department, which shall order them 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.

Legal basis:: Labor Code

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) 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) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law. 、

Employees who are owed wages can first file a complaint with the labor inspection department, or they can directly apply for labor arbitration.

What should I do if my boss owes my wages? You can go to the labor office to file a complaint.