Is Xinji Derui Starch Factory in arrears with wages?

The employer shall pay wages to workers in full on a monthly basis and may not delay wages to workers without reason. 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 may request additional compensation. Compensation standard: more than 50% and less than 100% of the amount payable.

According to Article 13 of the "Several Provisions on the Implementation of the "Regulations on Labor and Social Security Supervision", complaints must be submitted in a complaint document. If it is really difficult to write a complaint document, you can make a verbal complaint and the labor and social security supervision agency will make a transcript. , and signed by the complainant. When making a complaint, you should provide a copy of your ID card and relevant evidence of unpaid wages.

The complaint document shall specify the following matters:

(1) The complainant’s name, gender, age, occupation, workplace, residence and contact information, and the name of the employer being complained against , domicile, name and position of the legal representative or principal responsible person;

(2) The fact that the legitimate rights and interests of labor security have been infringed and the complaint requirements.

2. On the grounds that wages have not been paid in full and on time, apply for labor arbitration to the labor dispute arbitration committee where the employer is located or where the labor contract is performed, requesting the termination of the labor relationship and the 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). The arbitration application shall specify the following matters:

(1) The name, gender, age, occupation, workplace and residence of the employee, the name, residence and legal representative or principal person-in-charge of the employer Name and position;

(2) Arbitration request and the facts and reasons on which it is based;

(3) Evidence and source of evidence, names and addresses of witnesses.

If it is really difficult to write an arbitration application, you can apply orally, and the labor dispute arbitration committee will record it in the transcript and inform the other party.

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 employee:

(1) The employee shall comply with the provisions of Article 38 of this Law The labor contract is terminated;

(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, Paragraph 4 and Paragraph 5 of this Law;

(7) Others stipulated in 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 agreement or national regulations to pay workers’ labor remuneration in full and in a timely manner;

(2) Paying workers wages lower than the local minimum wage standard;

(3) Arranging overtime work without permission Paying overtime pay;

(4) Removing or terminating the labor contract and failing to pay economic compensation to workers in accordance with this law.

"Regulations on Labor and Social Security Supervision"

Article 10 The administrative department of labor and social security shall implement labor and social security supervision and perform the following duties:

(1) Promote labor and social security laws , laws, regulations and rules, and urge employers to implement them;

(2) Check the employer’s compliance with labor security laws, regulations and rules;

(3) Accept cases of violations of labor security Reports and complaints about violations of laws, regulations or rules;

(4) Correct and investigate violations of labor and social security laws, regulations or rules in accordance with the law.

"Labor Dispute Mediation and Arbitration Law"

Article 2 This law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

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(1) Disputes arising from the confirmation of the labor relationship;

(2) Disputes arising from the conclusion, performance, modification, rescission and termination of the labor contract;

( 3) Disputes arising from removal, dismissal, resignation and resignation;

(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;

(5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

(6) Other labor disputes stipulated in laws and regulations.

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; if they are unwilling to mediate, fail to reach mediation, or fail to perform the mediation agreement after reaching a mediation agreement, they may apply for mediation. You may apply to the Labor Dispute Arbitration Commission for arbitration; if you are dissatisfied with the arbitration award, you may file a lawsuit with the People's Court, unless otherwise provided in this Law.