If a worker establishes a labor relationship with the employer, and the employer runs away after several months of unpaid wages, the worker may complain to the labor supervision department where the employer is located, or apply to the labor dispute arbitration committee where the employer is located for labor arbitration, so as to safeguard the legitimate rights and interests, and may register the unpaid wages with the liquidation group according to law. After the company's remaining assets are liquidated, employees will be given priority. Article 77 of the Labor Contract Law stipulates that if the legitimate rights and interests of workers are infringed, they have the right to request the relevant departments to handle it according to law, or apply for arbitration or bring a lawsuit according to 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 employing unit shall be ordered to pay compensation to the laborer 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 in accordance with the labor contract or state regulations; (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. Article 38 A laborer may terminate the labor contract under any of the following circumstances: (1) Failing to provide labor protection or working conditions as agreed in the labor contract; (2) Failing to pay labor remuneration in full and on time; (3) Failing to pay social insurance premiums for laborers according to law; (4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers; (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; (6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations. If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance. Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the employee: (1) The employee terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer; (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 the first paragraph of Article 41 of this Law; (5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it; (6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law; (seven) other circumstances stipulated by laws and administrative regulations. Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city with districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years. The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
Legal objectivity:
According to the provisions of Article 50 of the Labor Law, wages should be paid to the workers themselves on a monthly basis in the form of money. The wages of workers shall not be deducted or delayed without reason. According to Article 3 of the Measures for Economic Compensation for Breach and Termination of Labor Contracts, if an employer deducts or delays the wages of workers without reason, or refuses to pay the wages of workers for extended working hours, it shall pay economic compensation equivalent to 25% of the wages in addition to paying the wages of workers in full within the specified time. Therefore, if the company refuses to pay wages for a long time, it can ask the company to pay the arrears of wages immediately and pay economic compensation equivalent to 25% of the total arrears of wages. If the unit refuses, it may, in accordance with the provisions of Articles 77, 79, 82 and 83 of the Labor Law, submit a written application to the Labor Dispute Arbitration Committee within 60 days from the date of the occurrence of the labor dispute. The company is required to meet the requirements of employees, and the arbitration award should generally be made within 60 days after receiving the arbitration application. If there is no objection to the arbitration award, the parties must perform it. If you are dissatisfied with the arbitration award, you can bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award. /kloc-If a lawsuit is filed with the people's court within 0/5 days and it fails to perform, it may apply to the court for compulsory execution. On the date of labor dispute, that is, the date when the employees of the unit put forward their demands, the branch company does not have the legal person status. Some branches can apply to the local labor bureau for arbitration even if they have no legal person status. Some branches have to apply for arbitration to the labor bureau where the head office is registered because they have no legal person qualification. How to prove factual labor relations with relevant knowledge is stipulated in the Notice on Establishing Labor Relations issued by the Ministry of Labor and Social Security. If the employer has not signed a labor contract with the employee, the employee's work permit issued by the employer and other documents that can prove his identity can be used as a certificate to identify the existence of labor relations between the two parties. The notice stipulates that the employer has not signed a labor contract with the employee. When determining that there is a labor relationship between the two parties, it can refer to the following documents: wage payment vouchers or records (payroll roster for employees) and records of paying various social insurance premiums; Work permit and service certificate issued by the employer to the laborer to prove his identity; Employment records such as Registration Form and Registration Form filled out by employees; Attendance records and testimonies of other workers. 1. When the claimant applies to the Arbitration Commission for labor dispute arbitration, it is best to submit the arbitration request in writing and submit a copy according to the number of defendants. The arbitration request shall specify the name, occupation, address, work unit, postal code and telephone number of the respondent (enterprise) and the name, address and legal representative's name, position and telephone number. 2 provide relevant evidence materials, which can be provided in court or at the time of filing a case. Some district arbitration committees stipulate the time limit for giving evidence after accepting a case, and the parties shall give evidence within the time limit. If it fails, the parties themselves will bear the adverse consequences. This laborer should pay special attention. 3. Workers should bring their ID cards and photocopies when filing a case by themselves, and their ID cards and power of attorney when entrusting others.