First, the definition and performance of wage arrears
Wage arrears refer to the behavior that the employer fails to pay all or part of the wages of the workers according to the time agreed in the labor contract or the legal time. Specific manifestations include but are not limited to: arrears of wages, underpayment of wages, non-payment of overtime pay, non-payment of bonuses or allowances, etc.
Second, the harm of wage arrears
Wage arrears not only harm the economic interests of workers, but also may lead to difficulties for workers and affect their family and social stability. At the same time, wage arrears also undermine the harmony of labor relations, reduce the enthusiasm and production efficiency of workers, and have a negative impact on the reputation and long-term development of employers.
Third, measures to deal with wage arrears
Workers should actively take measures to safeguard their legitimate rights and interests when they encounter unpaid wages. First of all, workers can resolve disputes through consultation with the employer, complaining to the labor inspection department, applying for labor arbitration or bringing a lawsuit. Secondly, workers can also seek the help of trade unions, legal aid agencies and other organizations to obtain legal advice and legal aid.
Fourth, strengthen legal supervision and publicity.
In order to effectively curb unpaid wages, the government should strengthen the supervision of employers, formulate strict laws and regulations, and increase the punishment for unpaid wages. At the same time, we should also strengthen legal publicity, improve the legal awareness of workers and employers, guide both parties to perform labor contracts according to law, and maintain the harmony and stability of labor relations.
To sum up:
Wage arrears is an illegal act, which has a serious impact on both workers and employers. Workers should actively safeguard their legitimate rights and interests, and the government and social organizations should also strengthen supervision and publicity to create fair and harmonious labor relations.
Legal basis:
Labor law of the people's Republic of China
Article 50 provides that:
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.
People's Republic of China (PRC) labor contract law
Article 30 provides that:
If the employer is in arrears or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order according to law, and the people's court shall issue a payment order according to law.
Regulations on labor security supervision
Article 26 provides that:
If the employing unit commits one of the following acts, the administrative department of labor security shall order it to pay the laborer's salary, the difference between the laborer's salary and the local minimum wage standard within a time limit or terminate the labor contract with economic compensation; If the payment is not made within the time limit, the employer shall be ordered to calculate according to the standard of more than 50% and less than 0% of the payable amount, and pay compensation to the workers:
(1) Deducting or delaying the wages and remuneration of workers without reason;
(two) the wages paid to the workers are lower than the local minimum wage;
(three) the termination of the labor contract fails to give economic compensation to the workers according to law.