The company has been in arrears of wages to our employees, how can we protect our rights and interes

In the event of wage arrears, the employee can file a complaint with the Safeguard Inspection Brigade of the labor department or apply for labor arbitration to resolve the situation.

If the employer deducts or defaults on the employee's wages without justifiable reasons, or refuses to pay the employee wages for extended working hours, the employee has the right to notify the employer at any time to terminate the labor contract and ask the employer to compensate for certain expenses. In addition to paying the employee's salary in full within the specified period, the employer also needs to pay an additional economic compensation equivalent to 25% of the salary.

If the employer defaults on the employee's wages without reason, the employee may report it to the labor administrative department, which shall bear the corresponding administrative responsibility, and the labor administrative department shall order the employer to pay the employee's wages and economic compensation, and may order the payment of compensation equal to one to five times the total amount of wages and remuneration and economic compensation paid to the employee.

Article 30 of the Labor Contract Law.

The employer shall, in accordance with the provisions of the labor contract and state regulations, 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.

Personally, I think that if the company defaults on the wages of its employees, it should go to the labor bureau to sue the company.

We should report to the labor department and ask the labor department to come forward to defend our legitimate rights and interests.

"Wage arrears" is a common illegal act of employers in labor dispute cases, which not only violates the social ethics of honesty and fairness, but also infringes on the rights and interests of employees, and may cause deeper harm to employees. According to the relevant provisions of the Labor Law, the Labor Contract Law and the Interim Regulations on the Payment of Wages, the relevant provisions of the Labor Law, the Labor Contract Law and the Interim Regulations on the Payment of Wages are sorted out, and the labor contract must be signed to establish a labor relationship with the employer in accordance with the law, and the labor contract must stipulate the labor remuneration, in which the relevant provisions of the labor remuneration must be clearly stated: the composition of the remuneration, the form of payment, and the time of payment.

If the boss of the company maliciously defaults on wages, employees can take the following methods to protect their legitimate rights and interests: complain - apply for arbitration - report to the police to file a case.

1. Complaints; Directly 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" in accordance with the law, and order it to pay the arrears of wages. You can call the local 12333 Human Resources and Social Security Consulting Service** for consultation and information about the local labor law enforcement inspection brigade.

2. Apply for arbitration; If the arbitration commission makes a mediation or award requiring the employer to pay labor remuneration, and the employer fails to perform within the time limit, the employee may apply to the people's court for enforcement. If the labor arbitration is not accepted or the arbitration is unfair, a civil lawsuit can also be filed with the court within 15 days, and the court judgment can be directly enforced.

3. Report to the police; If the employer ignores the order of the labor and social security department and is indifferent to the decision of the arbitration committee, then the employee can report to the police, request the public security organ to investigate, verify the facts, enter the judicial process, and impose a prison sentence and a fine.

The Labor Inspectorate is a department of the Labor Bureau, where you can file a complaint, but it will not produce a legally binding document like an arbitral award. The arbitration commission is an institution under the jurisdiction of the Labor Bureau that specializes in the arbitration of labor disputes, and the awards made by the arbitration commission are legally valid and can be applied to the court for compulsory enforcement.

It is important to note here that in order to deal with this situation more quickly, it is necessary for the employee to fix and keep the evidence of the relevant labor relationship in his or her daily work. For example, labor contracts, work permits (work cards, brand cards, access cards, etc.), income certificates such as salary slips, work certificates (such as attendance sheets or sign-in sheets), work dispatch orders, etc., can prove that there is an employment relationship with the employer, income, working hours and other relevant evidence.

First of all, you still have to communicate and negotiate with your company, if your company is indeed in arrears of your wages and does not want to pay you wages, you can apply for labor arbitration.

Apply for labor arbitration, and if it fails, sue the court.

Employees should first negotiate with the company, and if the negotiation is unsuccessful, they should have evidence of the company's malicious wage arrears and report to the local labor bureau or market supervision department.

Generally, they will give a signed contract, and then use the law to protect their legitimate rights and interests, because the law actually has a certain degree of protection for citizens.

Here's how you can defend your rights if you're owed wages:

1. If the employer is in arrears of wages, then it is necessary to negotiate with the employer;

2. If the negotiation cannot reach a consensus, the labor inspection brigade shall order the payment within a time limit if the suspect complaint or report is submitted to the labor and social security department, and if the payment is not made within the time limit, it may request additional compensation;

3. Apply to the Labor Dispute Arbitration Commission for labor arbitration, request for termination of labor relations and payment of wages and economic compensation compensation. If you still want to maintain the employment relationship, you can only request the payment of wages;

4. In the case of labor disputes, if either party is dissatisfied after labor arbitration, it may file a lawsuit with the court; If the employer fails to enforce the labor arbitration award after it takes effect, it may apply to the court for compulsory enforcement.

The employment contract is a powerful evidence to prove the existence of an employment relationship between the employer and the employee, but since the employer did not give the parties in this case an employment contract, the parties in this case can provide the corresponding salary schedule, proof of receipt of wages and remuneration, the employee's attendance record form, the employer's badge, the witness testimony of the co-worker and other materials to prove the existence of an employment relationship between the employer and the employee. The parties may also file a complaint or report to the labor and social security department, and the labor inspection brigade shall order them to pay within a time limit, and if they fail to pay within the time limit, they may request additional compensation; or apply to the labor dispute arbitration commission for a labor arbitration commission to terminate the labor relationship and pay wages and economic compensation. If you still want to maintain the employment relationship, you can only request the payment of wages;

Legal basisArticle 88 of the Labor Contract Law of the People's Republic of China.

In any of the following circumstances, the employer shall give an administrative punishment in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law; If damage is caused to the worker, he shall be liable for compensation:

1) Forced labor by means of violence, threats, or unlawful restriction of personal freedom;

2) Directing or forcing risky operations in violation of rules and regulations, endangering the personal safety of workers;

3) Insulting, corporal punishment, beating, unlawful searching, or detaining laborers;

4) Poor working conditions and serious environmental pollution, causing serious damage to the physical and mental health of workers.

Wage arrears can be defended in the following ways:

1. Negotiation: When wages are in arrears, you can negotiate with the employer first and request timely payment of wages;

2. Reflect the situation to the labor inspection department, and complain and report to the local labor inspection department in ** or other ways;

3. To apply for arbitration, you can apply to the Labor Dispute Arbitration Commission of Dangjian Paidang for arbitration, and it should be noted that the law stipulates that labor arbitration shall be applied for within one year from the date of occurrence of labor disputes;

4. If you file a lawsuit with the court or apply for compulsory enforcement, and are not satisfied with the arbitration result, you may file a lawsuit with the people's court within the prescribed time limit; If the applicant submits to the arbitration result, he or she may apply to the people's court for compulsory enforcement after the arbitral award takes effect.

In resolving labor disputes, the lawful rights and interests of the parties to the labor dispute shall be safeguarded in accordance with the principles of legality, fairness and timely handling. After the occurrence of a labor dispute, 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. Where the staff of the labor administrative department or relevant departments abuse their powers, derelict their duties, or twist the law for personal gain, and a crime is constituted, they shall be investigated for criminal responsibility in accordance with law; where a crime is not constituted, an administrative sanction is to be given.

Legal basis] Labor Law of the People's Republic of China

Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed. 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 employer to pay compensation for the worker

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 analysisThe quickest and most direct solution to wage arrears is to file a complaint with the Labour Inspectorate. If there is an IOU, you can directly sue Xunyou for the first lawsuit, and if there is no IOU, you need to labor arbitration first. If a worker believes that the employer has infringed upon his or her legitimate rights and interests in labor security, he or she has the right to lodge a complaint with the labor security administrative department.

Workers enjoy the right to receive remuneration for their labor, the right to submit labor disputes for settlement, and other labor rights provided for by law. If wages are in arrears, they can report to the local labor law enforcement department, and the law enforcement inspectors of the labor department will help coordinate and solve the problem; You can also go to the labor dispute arbitration institutions in various places to apply for arbitration, and if you are not satisfied with the arbitration, you can also go to the people's court to sue and enforce it; If you can't afford to pay for a lawsuit, you can also apply for a waiver of legal fees.

Legal analysisLabor 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 you are unwilling to mediate, fail to mediate, or fail to perform after reaching a mediation agreement, you may apply to the Mu 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. Article 9 Where an employer violates the provisions of the State by defaulting on or failing to pay labor remuneration in full, or by defaulting on medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with law.

Legal Analysis] The quickest and most direct solution to wage arrears is to file a complaint with the Labor Inspection Brigade. The labor arbitration procedure should be less time, the litigation should be slower, if there is an IOU, you can directly litigate, if there is no IOU, you need to labor arbitration first. If a worker believes that the employer has infringed upon his or her legitimate rights and interests in labor security, he or she has the right to lodge a complaint with the labor security administrative department.

Workers have the right to receive remuneration for their labor, the right to submit labor disputes for settlement, and other labor rights prescribed by law. If wages are in arrears, they can report to the local labor law enforcement department, and the law enforcement inspectors of the labor department will help coordinate and solve the problem; You can also go to the labor dispute arbitration institution in various places to apply for arbitration, and if you are not satisfied with the arbitration, you can also go to the people's court to sue and enforce it; If you can't afford to pay for a lawsuit, you can also apply for a waiver of legal fees.

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 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. Article 9 Where an employer violates the provisions of the State by defaulting on or failing to pay labor remuneration in full, or by defaulting on medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with law.

After all, it is understandable to be in arrears for one month, but four or five months is too long, and if it doesn't work, you will take up the law to protect your rights and interests.

Recently, it is suspected that the employees of Meibang clothing posted on social platforms that the company has been in arrears of employees' wages since April this yearAfter all, in the mask period, it would be good to make the job stable, and if you don't pay your salary for a few months, you can imagine how life will go on, after all, as a large enterprise, it is very likely to affect its credit.

When I was a young man, I often heard a slogan from Meibang".Off the beaten pathAt that time, it can be said that it was once liked by young people, maybe with the changes of the times, many emerging brands continue to develop, so that many old brands have a decline in sales, the clothing industry itself needs to continue to go out, follow the trend and change, so as to become a leader in the peers, we can see from the situation of arrears of employee salaries in the United States, this year the company is not very good, the total market value of its own clothing is 4.2 billion yuan, Compared with the market value of 38.9 billion yuan at the peak, nearly ninety percent has evaporated. And because of the mask in recent years, some time ago, because the Shanghai headquarters could not operate normally, resulting in tight cash flow, and the delay in the payment of wages, this is certainly not an optimistic situation, but we alsoI hope that the company can get out of this predicament and let the company return to its former vitality.

Because of this arrears of salary hall stool banquet was discovered, the United StatesBang Apparel also made a statement: "After consultation and agreement with the trade union, the salary originally scheduled to be paid on July 15, 2022 has been delayed. The company is trying every means to resume operations, raise funds, and strive to resume normal wage payment in September, and gradually make up for the delayed wages in previous months."

As the saying goes, "good things don't go out, bad things spread thousands of miles" is now the age of information, the phenomenon of salary arrears is definitely not right, employees use their own labor force in exchange for the corresponding salary, this is a very fair thing, and the unit will definitely sign a labor contract, which is also to protect the interests of both parties, if the enterprise once not fulfilled it must be a violation of the silver contract, then you can take up the legal means to protect yourself, it is best to putPrepare your own labor contract and the amount of salary you deservefor later litigation.

SoWages are the guarantee of workers' survival, and they are also the labor remuneration that workers deserve！As a business leader, you still have to keep a clear mind, face things calmly after they appear, and try to achieve a result that is satisfactory to both parties.