Should I pay compensation if the property is in arrears with the security guard's salary and goes to court for prosecution?

If the property is in arrears with the security salary, it will be paid if it goes to court for prosecution.

Property companies are in arrears with security guards. As security guards, they can recover the arrears of wages through legal channels. First of all, we can try to solve this problem through communication and consultation with property management companies.

The negotiation is fruitless, so the following schemes can be considered:

1. Initiate labor arbitration: According to China's labor law, an application for labor dispute arbitration can be submitted to the local labor arbitration committee. The Labor Arbitration Commission will mediate the disputes between the two parties. If mediation is unsuccessful, you can choose arbitration or continue to bring a lawsuit to the court.

2. Bring a civil lawsuit: If labor arbitration fails to resolve the dispute or you choose to bring a civil lawsuit directly, you can bring a lawsuit to the local court. At the trial, you need to provide relevant evidence to prove that the property management company owes you wages. If the court decides to support your claim, the property management company will be required to pay the arrears of wages.

Security guards can try the following ways to defend their rights:

1. The easiest way is to complain to the local labor law enforcement supervision brigade by telephone, which will supervise and inspect the employer according to the labor security supervision regulations and order it to pay the arrears of wages;

2. Apply for a payment order. If the employer defaults or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order according to law, and the people's court shall issue a payment order according to law;

The most effective way is to apply for labor arbitration directly to the local labor administrative department and claim compensation from the unit through the award issued by labor arbitration. If you still don't pay the compensation, you can apply to the court for enforcement;

4. If the labor arbitration is not accepted or the arbitration is unfair, you can also bring a civil lawsuit to the court within 15 days and execute it directly through the court's judgment;

5. While asking for wages through the above channels, you can also ask the unit to pay compensation according to the standard of more than 50% 100% of the payable amount.

To sum up, collect relevant evidence, including salary slips, labor contracts and other documents. Secondly, communicate with the property, ask for payment of arrears of wages, and keep written records. If the property does not cooperate, you can complain to the labor arbitration department, provide relevant evidence and apply for arbitration. If the arbitration is unsuccessful, you can bring a lawsuit to the court.

Legal basis:

People's Republic of China (PRC) 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 the laborer's labor remuneration in full and on time according to the stipulations of the labor contract or the provisions of the state;

2, below the local minimum wage standard to pay the wages of workers;

3. Arrange overtime without paying overtime;

4. Dissolving or terminating the labor contract without paying economic compensation to the workers in accordance with these regulations.