How to ask for wages is not illegal, and how to ask for wages legally

It is not illegal to ask for wages through the following legal channels:

1. Complain to the Safeguards Supervision Brigade of the Labor Department, after which they will order the unit to pay the arrears of wages within a time limit; If the employer fails to pay within the time limit, they will order the employer to pay the employee additional compensation at the rate of 50% to 100% of the amount payable.

2. Apply for labor arbitration and request the employer to pay wages. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.

Legal basis] Article 91 of the Labor Law stipulates that 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 employer to pay the employee'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) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

Legal analysisEmployees can file a complaint with the Labor Inspection Brigade or apply to the court for a payment order. If it is useless, you can apply for labor arbitration, or go directly to the court to file a lawsuit.

Employers must pay full wages to employees on time, otherwise it is illegal. Therefore, as long as the employer is in arrears of wages, employees can protect their rights and interests in accordance with the law.

Legal basisArticle 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.

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) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract. Article 79 After a labor dispute arises, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration.

One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court. Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and employees 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 or 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 provided for by laws and regulations.

Summary. Legal basis: Article 50 of the Labor Law of the People's Republic of China stipulates that wages shall be paid to the worker himself in the form of money on a monthly basis.

Wages shall not be deducted or unjustifiably delayed. 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) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

Hello, I have seen your question, and it will take about 2 minutes to sort out the answer, please wait a while

Hello dear, you need to take legal ways to ask for help, such as complaining to the labor inspection brigade or filing labor bench arbitration with the labor dispute arbitration commission to ask for and defend your rights.

It is not advisable to adopt illegal methods to ask for wages, and improper methods not only do not ask for the return of the workers, but also put themselves into the pit, such as forcibly shouting and sliding the property of the unit as collateral, or smashing the property of the unit, or injuring the leaders of the unit.

If the unit refuses to pay, the person may request the public security department to file a case for investigation for the crime of refusing to pay labor remuneration, and investigate the criminal responsibility of the employer in accordance with the law.

Legal basis: Article 50 of the Labor Law of the People's Republic of China stipulates that wages shall be paid to the worker himself in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

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 it to pay the wages and remuneration and economic compensation of the employee who has been cut off from the public, and may also order the payment of compensation: (early in the morning) deducting or arrears of wages of the worker without reason; 2) Refusal to pay wages and remuneration for extended working hours; (3) Paying wages to workers below 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: The legal ways to ask for wages are as follows: 1. Complain to the local labor department; 2. Apply for labor wisdom arbitration; 3. If the applicant is dissatisfied with the result of the arbitral award, he or she shall file a lawsuit with the people's court.

Legal basis: Labor Dispute Mediation and Arbitration Law of the People's Republic of China Article 5 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; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If the person is dissatisfied with the arbitral award, except as otherwise provided in this Law, he or she may file a lawsuit with the People's Court.

Hello, the specific steps are as follows.

1. Complain to the labor administrative department where the unit is located, and provide evidence of the unit's arrears of wages;

2. Apply for mediation;

3. Initiate labor arbitration in accordance with the law and request the labor arbitration commission to adjudicate;

4. Or after receiving the arbitral award, go to the court to file a lawsuit in accordance with the law.

5. Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China stipulates that 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.