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The 14th Bureau of China Railway reported telephone arrears of wages.
I. Complaining to 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 the employer is in arrears or fails to pay the labor remuneration in full, it may complain to the labor inspection, which shall accept and order the employer to pay within a time limit; If it fails to pay within the time limit, it shall be ordered to pay compensation according to 50% to 100% of the default amount.
Complaints to the labor inspection can be made orally or in writing, and I need to submit my ID card and the evidence that the employer is in arrears with wages.
Second, apply for labor dispute arbitration
Labor dispute arbitration is an effective way to recover labor remuneration, which can generally be finally resolved. Arbitration of labor disputes shall be under the jurisdiction of the labor dispute arbitration committee in the place where the employing unit has its domicile or where the labor contract is performed. To apply for labor dispute arbitration, an arbitration application and a copy of the applicant's ID card shall be submitted, 1 copy. Copies of relevant evidence and 2 copies of evidence list; Some areas also need to provide information about the employer's industrial and commercial registration. The application for arbitration shall contain the following items:
(a) 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 its sources, names and residences of witnesses.
If a copy is submitted, the original shall be submitted to the Arbitration Commission for inspection.
According to the fourth paragraph of Article 27 of the Labor Dispute Arbitration and Mediation Law, the special limitation period is applicable to the workers' recourse for labor remuneration, which is one year from the date of dissolution or termination of labor relations.
As some provinces and cities have not paid compensation within the labor inspection period, it is suggested to complain to the labor inspection first, and apply for labor dispute arbitration if they fail to pay within the time limit.
Ministry of Labour
Interim provisions on wage payment
Seventh wages must be paid on the date agreed by the employer and the employee. In case of holidays or rest days, payment should be made in advance on the nearest working day. Wages are paid at least once a month. If the weekly, daily and hourly wage system is implemented, wages can be paid by the week, day and hour.
Labor Contract Law
Article 85 In any of the following circumstances, the employer shall be ordered by the labor administrative department 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 employee according to the standard of more than 50% 100% of the payable amount:
(1) Failing to pay workers' 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;
(four) the dissolution or termination of the labor contract, not in accordance with the provisions of this law to pay economic compensation to the workers.
Law on Arbitration and Mediation of Labor Disputes
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 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 stipulated in this Law.
Article 9 If the employing unit violates the provisions of the state, it is in arrears or fails to pay the labor remuneration in full, or is in arrears with the medical expenses for work-related injuries, economic compensation or compensation, the employee may complain to the labor administrative department, which shall handle it according to law.
Article 51 The parties shall perform a legally effective conciliation statement or award within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for execution in accordance with the relevant provisions of the Civil Procedure Law. The people's court that accepts the application shall execute it according to law.
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