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What should I do if Beijing Jingwei Antai Security Service Company defaults on employee wages?
The employer shall pay wages on the agreed date and at least once a month. If there is arrears, workers can take the following measures:
1. Complain to the labor and social security administrative department (labor inspection brigade), and the labor inspection brigade will order payment within a time limit. If payment is not made within the time limit, workers can request additional compensation. Compensation standard: more than 50% and less than 100% of the amount payable. When making a complaint, you should provide a copy of your ID card and relevant evidence of unpaid wages.
2. On the grounds that wages were not paid in full and on time, apply for labor arbitration to the Labor Dispute Arbitration Committee, requesting the termination of the labor relationship and payment of wages and economic compensation. If you still want to maintain the labor relationship, you can only request payment of wages.
When applying for labor arbitration, you should submit a written application for arbitration (2 copies); a list of evidence and corresponding evidence materials (2 copies). The evidence materials mainly include labor contracts, salary bank statements; and a copy of your ID card (1 copy) share).
3. Apply to the local people’s court for a payment order.
Legal basis: "Labor Law"
Article 50 Wages shall be paid monthly to the worker himself in the form of currency. Workers shall not be deducted or delay wages without reason.
"Interim Regulations on Wage Payment"
Article 7 Wages must be paid on the date agreed between the employer and the employee. In case of holidays or rest days, payment should be made in advance on the nearest working day. Wages should be paid at least once a month. If the weekly, daily or hourly wage system is implemented, wages can be paid on a weekly, daily or hourly basis.
"Labor Contract Law"
Article 38 If the employer has any of the following circumstances, the employee may terminate the labor contract:
(1) Failure to provide labor protection or labor conditions as stipulated in the labor contract;
(2) Failure to pay labor remuneration in full and on time;
(3) Failure to pay social insurance for workers in accordance with the law (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) Due to Article 26 of this Law, The circumstances specified in paragraph 1 render the labor contract invalid;
(6) Other circumstances under which the employee may terminate the labor contract as stipulated in laws and administrative regulations.
If the employer forces the employee to work by means of violence, threats or illegal restrictions on personal freedom, or if the employer violates the rules and orders or forces risky work that endangers the personal safety of the employee, the employee may immediately terminate the labor contract , without prior notification to the employer.
Article 46 If any of the following circumstances occurs, the employer shall pay economic compensation to the worker:
(1) The worker shall comply with the provisions of Article 38 of this Law To terminate the labor contract;
(2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and negotiates with the employee to terminate the labor contract;
(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
(4) The employer terminates the labor contract in accordance with the provisions of Article 41, Paragraph 1 of this Law;
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(5) Unless the employer maintains or renews the labor contract by improving the conditions agreed in the labor contract, and the employee does not agree to the renewal, the fixed-term labor contract shall be terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law.
(6) Termination of the labor contract in accordance with the provisions of Article 44, Item 4 and Item 5 of this Law;
(7) Other matters stipulated by laws and administrative regulations situation.
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, it shall pay other The balance; if payment is not made within the time limit, 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 due:
(1) Failure to comply with the labor contract The labor remuneration is paid in full and in a timely manner according to the agreement or the state stipulates;
(2) The wages paid to workers are lower than the local minimum wage standard;
(3) Arrangements for overtime work are not allowed Paying overtime pay;
(4) Removing or terminating the labor contract and failing to pay economic compensation to workers in accordance with this law.
"Labor Dispute Mediation and Arbitration Law"
Article 5: If a labor dispute occurs and the parties are unwilling to negotiate, fail to reach an agreement, or fail to perform the settlement agreement after reaching it, they may apply to a mediation organization for mediation; Those who are unwilling to mediate, fail to mediate, or fail to perform the mediation agreement after reaching it, may apply to the Labor Dispute Arbitration Commission for arbitration; those who are dissatisfied with the arbitration award may file a lawsuit with the People's Court, except as otherwise provided in this Law.
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