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What should I do if Hangzhou Ancun Technology Network Co., Ltd. is in arrears with wages years ago?
1. If you are in arrears with wages, you can complain to the labor department’s security inspection brigade, or you can directly apply for labor arbitration. First of all, you should go to the labor bureau in your city to file a complaint against your company. The Labor Inspection Brigade will file a case and leave your basic information. Then they will go to your company to investigate and find out. If the matter is true, they will mediate and warn you about the company's behavior. Labor laws have been violated. Companies that refuse to comply will enforce the law. Wage arrears are a common problem that can be solved by the following methods:
(1) Report to the labor administration department (Usually the Labor Management Supervision Brigade.
(2). You can also directly apply for arbitration (the arbitration fee is 200-300 yuan, if you win, it will be fully borne by the company.
(3 ). If you are dissatisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.
(4). During arbitration or litigation according to national regulations, you can request an exception to the stipulations. In addition to paying the employee’s salary in full within the time limit, an additional economic compensation equivalent to 25% of the salary must be paid (see the reference section for specific legal basis)
The Labor Contract Law. 》Article 85: If an employer has 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 payment is made, the employer shall be ordered to pay additional compensation to the employee at a rate of not less than 50% but not more than 100% of the amount payable:
(1) Failure to comply with the labor contract or national regulations Pay workers’ labor remuneration in full and on time;
(2) Pay workers wages lower than the local minimum wage standard;
(3) Arrange overtime work without paying overtime pay;
(4) The employer shall terminate or terminate the labor contract without paying economic compensation to the employee in accordance with this law.
Legal consequences of wage arrears
The labor contract stipulates and the state stipulates that labor remuneration should be paid in full and in a timely manner to workers.
Risk implications of Article 30, Paragraph 1 of the "Labor Contract Law":
1. Workers. The contract can be terminated
According to Article 38 of the Labor Contract Law, if the employer fails to pay the labor remuneration in full and on time, the employee may terminate the labor contract.
2. Pay compensation
Article 91 of the "Labor Law": "If an employer commits any of the following circumstances that infringes upon the legitimate rights and interests of workers, the labor administrative department shall order it to pay workers' wages and remuneration. , economic compensation, and may be ordered to pay compensation:
(1) Withholding or delaying wages from workers without reason;
(2) Refusing to pay workers wages for extended working hours Remuneration;
(3) Paying wages to workers below the local minimum wage standard;
(4) Failure to provide economic compensation to workers in accordance with the provisions of this law after the labor contract is terminated ” It can be seen that if employees’ wages are owed without reason, the employer must pay arrears of wages, compensation (25% of the amount of arrears of wages), and compensation if necessary (but this must be based on actual damage).
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