Is Pingdi Jin Yahao’s salary in arrears?

It is a relatively common phenomenon for employers to default on wages to workers. If negotiations fail, they can pursue wage recourse in the following three ways.

1. If you have an IOU, you can apply directly to the People's Court for a payment order.

2. If you complain to the labor inspection, the labor inspection will order you to pay within a time limit; if you do not pay within the time limit, you will be ordered to pay compensation based on 50-100% of the arrears.

Advantages: The method is simple; Disadvantages: Law enforcement in various places may not be very strong.

3. Apply for arbitration to the labor dispute arbitration committee at the place where the employer is domiciled or where the labor contract is performed.

Advantages: In addition to wages, you can also claim compensation, etc., and it can usually be settled eventually; Disadvantages: There are many procedures, professional guidance is required, and it will take a long time if the employer encounters malicious litigation.

Since some provinces and cities do not support compensation without labor inspection within the time limit, it is recommended to complain to the labor inspection first, and apply for labor dispute arbitration if payment is not made within the time limit.

"Labor Law"

Article 50: Wages shall be paid to the laborer in the form of currency on a monthly basis. Workers shall not be deducted or delay wages without reason.

Ministry of Labor

"Interim Provisions 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 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 remuneration is lower than the local minimum wage standard, the difference shall be paid; 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 payable:

(1) Failure to pay labor remuneration in full and on time as stipulated in the labor contract or national regulations;

(2) Paying labor wages below the local minimum wage standard;< /p>

(3) Arranging overtime work without 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 Arbitration and Mediation Law"

Article 9: The employer violates state regulations and defaults on or fails to pay labor remuneration in full, or defaults on medical expenses, economic compensation or compensation for work-related injuries. , workers may complain to the labor administrative department, which shall handle it in accordance with the law.

Article 16 If a mediation agreement is reached for payment of arrears of labor remuneration, medical expenses for work-related injuries, economic compensation or damages, and the employer fails to perform within the time limit specified in the agreement, the employee may present the mediation agreement to the employer in accordance with the law. The People's Court applies for a payment order. The people's court shall issue a payment order in accordance with the law.

Article 51 The parties shall perform legally effective mediation documents and awards within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the People's Court for enforcement in accordance with the relevant provisions of the Civil Procedure Law. The people's court that accepts the application shall implement it in accordance with the law.