What should I do if Ding Sheng Square in Zhanjiang owes workers wages?

Wages shall be paid on the date agreed in the labor contract, except for force majeure factors. If the payment is not temporarily postponed due to operational difficulties, the employer fails to pay the salary of the current month next month, which is a case of unpaid wages without reason. If the laborer owes money, he can complain to the labor inspection, apply for labor dispute arbitration and apply to the people's court for a payment order.

One is to apply to the people's court for a payment order.

According to the provisions of Article 30 of the Labor Contract Law and Article 16 of the Labor Dispute Arbitration and Mediation Law, if the employer defaults on the employee's wages or reaches a payment agreement and fails to perform the payment obligation as agreed, the employee may directly apply to the people's court for a payment order.

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

1, basic information such as employee's name and employer;

2, the amount of wages paid by the laborer to the employer;

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

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

Second, complain 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 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.

Third, 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 shall be submitted and a copy of the applicant's ID card shall be provided according to the number of applicants 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.

labour law

Article 50 Wages shall be paid to labourers themselves on a monthly basis in the form of currency. The wages of workers shall not be deducted or delayed without reason.

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 laborers' labor remuneration in full and on time according to 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 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 16 If a mediation agreement is reached on the payment of unpaid labor remuneration, work-related injury medical expenses, 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.

Article 27 The limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed.

The limitation of arbitration prescribed in the preceding paragraph shall be interrupted because one party claims the rights of the other party, or requests the relevant departments to provide rights relief, or the other party agrees to perform its obligations. The limitation of arbitration shall be recalculated from the time of interruption.

If the parties fail to apply for arbitration within the time limit stipulated in the first paragraph of this article due to force majeure or other legitimate reasons, the arbitration period shall be suspended. The limitation period of arbitration shall continue to be counted from the date when the reasons for suspension of limitation are eliminated.

If there is a dispute over the arrears of labor remuneration during the existence of labor relations, the employee's application for arbitration is not limited by the limitation period of arbitration stipulated in the first paragraph of this article; However, if the labor relationship is terminated, it shall be proposed within one year from the date of termination of the labor relationship.

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.