I have been working in Leduogang construction site in Changping District for one year. What should I do if my boss deliberately defaults on my salary?

You can complain to Changping District Labor Inspection, apply for labor dispute arbitration, and apply to the people's court for a payment order if you owe money.

1. Apply to the people's court for a payment order

Wages shall be paid on the date agreed in the labor contract, excluding force majeure factors, and the employer fails to negotiate with the trade union for a temporary delay in payment due to operational difficulties, and the employer fails to pay wages in the current month next month, which is a case of unpaid wages without reason.

according to the provisions of article 3 of the labor contract law and article 16 of the labor dispute arbitration and mediation law, if the employer has owed wages to the employee or reached a payment agreement, the employee can directly apply to the people's court for a payment order.

to apply for a payment order, you need to submit an application, an iou and the applicant's identity document. The application shall contain the following contents:

1. Basic information such as the name of the employee and the employer;

2. The amount of wages that the laborer requires the employer to pay;

3. Facts and evidence on which the laborer's request is based;

4. The property status of the employer and the property available for execution.

II. Complaining to the labor inspection

According to Article 85 of the Labor Contract Law and Article 9 of the Labor Dispute Arbitration and Mediation Law, if the employer is in arrears or fails to pay the labor remuneration in full, it may complain to the labor inspection, which shall accept it and order the employer to pay it within a time limit; If it fails to pay within the time limit, it shall be ordered to pay compensation according to the default amount of 5% to 1%

you can complain orally or in writing to the labor inspection, and you need to submit your ID card and the evidence that the employer is in arrears with wages.

Third, apply for labor dispute arbitration

Labor dispute arbitration is an effective way to recover labor remuneration, which can generally be finally resolved. Labor dispute arbitration shall be under the jurisdiction for the labor dispute arbitration committee at the place where the employing unit has its domicile or where the labor contract is performed. To apply for labor dispute arbitration; an application for arbitration shall be submitted and one copy for the applicant's ID card shall be provided according of the number for the respondents. Copies of relevant evidence and 2 copies of evidence list; Some areas also need to provide industrial and commercial registration information of employers. The arbitration application shall specify the following items:

(1) the name, sex, age, occupation, work unit, domicile, mailing address and telephone number of the laborer, the name, domicile, mailing address and telephone number of the employer, and the name and position of the legal representative or principal responsible person;

(2) the arbitration claim and the facts and reasons on which it is based;

(3) evidence and sources of evidence, names and residences of witnesses.

if you submit a copy, you need to submit the original to the arbitration commission for inspection.

according to the fourth paragraph of article 27 of the law on arbitration and mediation of labor disputes, the special limitation period applies to workers' recourse for labor remuneration, which is one year from the date of dissolution or termination of labor relations.

Labor Law

Article 5 Wages shall be paid to the laborers themselves on a monthly basis in the form of currency. The wages of workers shall not be deducted or delayed without reason.

Ministry of Labor

Interim Provisions on Wage Payment

Article 7 Wages must be paid on the date agreed by the employer and the employee. In case of holidays or rest days, it should be paid in advance on the nearest working day. Wages are paid at least once a month, and wages can be paid by the week, day and hour if the weekly, daily and hourly wage system is implemented.

Labor Contract Law

Article 85 If an employer is 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, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay compensation to the laborer according to the standard of more than 5% and less than 1% of the payable amount: < P > (1) Failing to pay the laborer's labor remuneration in full and on time in accordance with the stipulations of the labor contract or the provisions of the state;

(2) paying workers' wages below the local minimum wage standard;

(3) arranging overtime without paying overtime;

(4) dissolving or terminating the labor contract and failing to pay economic compensation to the workers in accordance with this regulation.

Article 5 of the Labor Dispute Arbitration and Mediation Law

In case 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 a mediation organization for mediation; Unwilling to mediate, failing to mediate or failing to perform after reaching a mediation agreement, you may apply to the Labor Dispute Arbitration Committee for arbitration; Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court unless otherwise provided for in this Law.

article 9 if an employer violates state regulations and fails to pay labor remuneration in full, or fails to pay work-related injury medical expenses, economic compensation or compensation, the employee may complain to the labor administrative department, which shall handle it according to law.

article 16 if a mediation agreement is reached for the payment of unpaid labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, and the employer fails to perform it within the agreed time limit, the employee may apply to the people's court for a payment order according to law with the mediation agreement. The people's court shall issue a payment order according to law.