Legal basis:
People's Republic of China (PRC) Law on Mediation and Arbitration of Labor Disputes Article 2 This Law is applicable to the following labor disputes between employers and employees in People's Republic of China (PRC): (1) Disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts; (3) Disputes arising from delisting, dismissal, resignation or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection; (five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation; (six) other labor disputes as prescribed by laws and regulations.
Article 4 In the event of a labor dispute, the laborer may negotiate with the employer, or request the trade union or a third party to negotiate with the employer to reach a settlement agreement.
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 16 If a mediation agreement is reached on the payment of unpaid labor remuneration, work-related injury medical expenses, economic compensation or compensation, and the employer fails to perform it within the agreed time limit, the employee may apply to the people's court for a payment order according to law with the mediation agreement. The people's court shall issue a payment order according to law.
Article 91 of the Labor Law of People's Republic of China (PRC) * * * If an employing unit infringes upon the legitimate rights and interests of a worker in any of the following circumstances, the labor administrative department shall order it to pay the worker's wages and economic compensation, and may also order it to pay compensation: (1) Deducting or failing to pay the worker's wages without reason; (2) Refusing to pay overtime wages to laborers; (3) Paying workers' wages below the local minimum wage standard; (4) Failing to give economic compensation to the laborer in accordance with the provisions of this Law after the termination of the labor contract.