Job Recruitment Website - Recruitment portal - Shandong Qingzhou Jiulong Valley Scenic Area Security Company has been in arrears for one year. Can I return it?

Shandong Qingzhou Jiulong Valley Scenic Area Security Company has been in arrears for one year. Can I return it?

1. If the employer is in arrears with wages, the employee may complain to the administrative department of labor and social security (labor inspection brigade), and the labor inspection brigade shall order it to pay within a time limit. If it fails to pay within the time limit, it may request additional compensation. The compensation standard is more than 50% 100% of the payable amount. When complaining, you should provide a copy of your ID card and relevant evidence of unpaid wages.

Or apply to the labor dispute arbitration commission for labor arbitration. An application for arbitration shall be submitted at the time of application (in duplicate); Evidence list and corresponding evidence materials (2 copies), mainly including labor contracts, salary bank bills, etc.; Copy of ID card (1 copy).

Two, apply for labor arbitration for one year, counting from the date of dissolution or termination of labor relations. If it has expired, it is not protected by law.

Legal basis: Interim Provisions on Wage Payment

Article 9 If the labor contract is dissolved or terminated by both parties in labor relations according to law, the employing unit shall pay the employee's salary in one lump sum when dissolving or terminating the labor contract.

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.

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 mediation and arbitration 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 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.