If there is arrears of wages, you can report directly to the labor bureau;
If the enterprise ignores the documents issued by the Labor Bureau and is in arrears for a long time, it can directly apply to the local people's court for litigation and arbitration! The efficiency of this solution will be very high!
Can Dongying 12345 solve the problem of wage arrears? 12345 is also one of the ways to solve the problem of wage arrears. You can try. Wage arrears are managed by the local labor department. Workers can call 12333 to complain, or they can complain to the supervision brigade of the Labor Bureau. The labor inspection brigade shall order the employer to pay wages within a time limit, and if it fails to pay within the time limit, it shall also pay compensation.
How to solve the problem of wage arrears in Beijing,
It is suggested to report complaints to the local labor inspection brigade with jurisdiction and demand arrears of wages.
If you are in arrears, you can choose to file a labor arbitration to protect your rights.
Article 85 of the Labor Contract Law, if the employing unit is under 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, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay compensation to the employee according to the standard of more than 50% 100% of the payable amount:
(1) Failing to pay workers' remuneration in full and on time in accordance with the stipulations of the labor contract or the provisions of the state.
(two) the wages paid to workers are lower than the local minimum wage.
(3) Arranging overtime without paying overtime.
(four) the dissolution or termination of the labor contract, without paying economic compensation to the workers in accordance with the provisions.
1 10 can solve the problem of wage arrears? No, if there is a dispute, 1 10 can solve your problem and the local labor arbitration department will solve it.
What should I do if the chef is owed wages in Beijing? 1. It is illegal to pay in arrears. It is suggested to complain to the labor inspection department about this illegal act. The complaint telephone number is 12333.
2. Legal basis:
1) Law on Mediation and Arbitration of Labor Disputes Article 9 If the employing unit of labor supervision violates the provisions of the state, it is in arrears or fails to pay labor remuneration in full, or it is in arrears with medical expenses, economic compensation and compensation for work-related injuries, the laborer may complain to the labor administrative department, which shall handle it according to law.
Article 17 of the Regulations on Labor Security Supervision, the administrative department of labor security shall complete the investigation of violations of labor security laws, regulations or rules within 60 working days from the date of filing the case; If the situation is complicated, it may be extended for 30 working days with the approval of the person in charge of the administrative department of labor security.
Workers who are owed wages can call 12333 to complain. This is the telephone number of the Human Resources and Social Security Bureau. You can also complain to the supervision brigade of the Labor Bureau.
Because the company fails to pay the labor remuneration on time, the employee can resign and ask for economic compensation. Laborers can report to the local labor inspection administrative department, and the labor inspection brigade will order the employer to pay wages. If the labor inspection brigade fails to coordinate, the laborer may apply for labor arbitration. Those who refuse to execute the labor arbitration award may apply to the court for compulsory execution.
Article 50 of the Labor Law: Wages shall 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.
Article 7 of the Interim Provisions on Wage Payment: Wages must be paid on the date agreed by the employer and the employee.
Article 85 of the Labor Contract Law: 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 employer shall be ordered to pay compensation to the employee according to the standard of more than 50% 100% of the payable amount:
(1) Failing to pay laborers' labor remuneration in full and on time in accordance with the stipulations of the labor contract or the provisions of the state;
(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.
Can the boss call 1 10 for arrears of wages? The boss can't call 1 10 for arrears of wages. For the employer's arrears of wages, the laborer may apply for labor arbitration and ask the employer to pay the arrears.
How to apply for labor arbitration;
1. Go to the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau (former Labor Bureau) to apply for labor arbitration. When filing a case, you must bring: two arbitration applications and a copy of the applicant's ID card 1 copy; Copies of relevant evidence and 2 copies of evidence list; Business registration information of the employer (Beijing does not need registration information).
2. After submitting the materials, the Arbitration Commission shall file a case within 5 working days, and then give both parties a period of proof and a period of defense; Then the court will open, and then mediate between you two. If mediation fails, the Arbitration Commission shall issue an award. Labor arbitration shall be closed within 60 days; If the employee refuses to accept the ruling, he can bring a lawsuit to the court;
3. During the application for labor arbitration, the laborer shall not delay to work in the new unit.
Article 50 of the Labor Law of People's Republic of China (PRC) * * * Wages shall be paid to the workers themselves on a monthly basis in the form of currency. The wages of workers shall not be deducted or delayed without reason.
"Interim Provisions on Payment of Wages" Article 18 Labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employing unit commits one of the following acts that infringe upon the legitimate rights and interests of workers, the labor administrative department shall order it to pay wages and economic compensation to the workers, and may order it to pay compensation:
(1) Deducting or delaying the wages of workers without reason;
(2) refusing to pay overtime wages to laborers;
(3) paying workers' wages below the local minimum wage standard.
The standards of economic compensation and compensation shall be implemented in accordance with the relevant provisions of the state.
Article 276-1 Whoever evades payment of laborers' remuneration by transferring property or concealing it. , or fails to pay a large amount of labor remuneration, and refuses to pay after being ordered by the relevant department of * * *, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs, but has not caused serious consequences, pays the laborer labor remuneration before bringing a public prosecution, and bears the corresponding liability for compensation according to law, may be mitigated or exempted from punishment.
First, it is suggested to complain to the labor inspection department about this illegal act of the unit;
Second, the "Labor Dispute Mediation and Arbitration Law" Article 9 If an employer of labor supervision violates state regulations, it defaults or fails to pay labor remuneration in full, or defaults on medical expenses, economic compensation and work-related injury compensation, the employee may complain to the labor administrative department, which shall handle it according to law.
Article 17 of the Labor Security Supervision Regulations shall be completed within 0 working days from the date of filing the case. If the situation is complicated, with the approval of the person in charge of the administrative department of labor security, it can be extended for thirty working days.
Fourth, attach relevant laws and regulations.
The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Refusing to Pay Labor Remuneration
(2013 65438+123 October)
In order to punish the crime of refusing to pay labor remuneration according to law and safeguard the legitimate rights and interests of workers, according to the relevant provisions of the Criminal Law of People's Republic of China (PRC), some issues concerning the application of law in handling such criminal cases are explained as follows:
Article 1 The labor remuneration that should be paid to laborers in accordance with the Labor Law of People's Republic of China (PRC) and the Labor Contract Law of People's Republic of China (PRC), including wages, bonuses, allowances, subsidies, wages paid for extended working hours and wages paid under special circumstances, shall be recognized as "labor remuneration of laborers" as stipulated in the first paragraph of Article 276-1 of the Criminal Law.
Article 2. For the purpose of evading payment of laborers' labor remuneration, any of the following circumstances shall be deemed as "evading payment of laborers' labor remuneration by transferring property or concealing". "The first paragraph of Article 276- 1 of the Criminal Law stipulates:
(1) Concealing property, paying off in bad faith, fictitious debts, false bankruptcy or false closure, or transferring or disposing of property in other ways;
(2) running away or hiding;
(3) Concealing, destroying or tampering with accounts, employee rosters, wage payment records, attendance records and other materials related to labor remuneration;
(4) evading payment of labor remuneration by other means.
Article 3 In any of the following circumstances, it shall be deemed as "a large amount" as stipulated in the first paragraph of Article 276-1 of the Criminal Law:
(1) Refusing to pay remuneration to workers for more than three months, with the amount ranging from 5,000 yuan to 20,000 yuan;
(2) refusing to pay remuneration to more than 10 workers, and the accumulated amount is between 30,000 yuan and 100,000 yuan.
The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the economic and social development of the region and within the scope of the amount specified in the preceding paragraph, study and determine the specific amount standards implemented in the region and report them to the Supreme People's Court for the record.
Article 4. After being ordered by the human resources and social security department of * * * or other relevant departments to pay laborers' labor remuneration within a time limit, it shall be deemed as "unpaid after being ordered to pay by the relevant departments of * * * *" as stipulated in the first paragraph of Article 276 of the Criminal Law, except that there is evidence to prove that the actor was unaware of the ordered payment or failed to pay labor remuneration in time.
If the perpetrator escapes and cannot deliver the payment order to himself, his adult family members who live together with him or the person in charge of the unit where he works, if the relevant department posts the payment order at the perpetrator's residence, production and business premises and records it by taking photos or videos, it shall be regarded as "the payment is ordered by the relevant department".
Article 5. Refusing to pay workers' remuneration conforms to the provisions of Article 3 of this Interpretation, and in any of the following circumstances, it shall be deemed as "causing serious consequences" as stipulated in the first paragraph of Article 276-1 of the Criminal Law:
(1) Causing a serious impact on the basic life of workers or their dependents, dependents and dependents, and failing to treat major diseases in time or dropping out of school;
(2) using violence or threatening violence against workers who demand payment of labor remuneration;
(3) Causing other serious consequences.
Article 6. Those who refuse to pay the remuneration of workers, but have not caused serious consequences, pay the remuneration of workers before filing a criminal case, and bear the corresponding liability for compensation according to law, can be considered as obviously minor, with little harm, and not as a crime; Criminal punishment may be mitigated or exempted if workers are paid labor remuneration before prosecution and are liable for compensation according to law; Those who pay workers' remuneration before the verdict is pronounced in the first instance and bear the corresponding liability for compensation according to law may be given a lighter punishment.
Those who are exempted from criminal punishment may be admonished, ordered to make a statement of repentance or apologize according to the different circumstances of the case.
Those who refuse to pay the remuneration of workers, resulting in serious consequences, but pay the remuneration of workers before sentencing and bear the corresponding liability for compensation according to law, may be given a lighter punishment as appropriate.
Article 7 If a unit or individual that does not have the qualification of employment body illegally recruits workers and refuses to pay labor remuneration, and the amount is relatively large, but still refuses to pay after being ordered by the relevant department of * * * *, criminal responsibility shall be investigated for the crime of refusing to pay labor remuneration in accordance with the provisions of Article 276-1 of the Criminal Law.
Article 8 If the actual controller of the employing unit refuses to pay labor remuneration, which constitutes a crime, he shall be investigated for criminal responsibility in accordance with the provisions of Article 276-1 of the Criminal Law.
Article 9 If a unit refuses to pay labor remuneration, which constitutes a crime, the directly responsible person in charge and other directly responsible personnel shall be convicted and punished in accordance with the standards for conviction and sentencing of individual crimes stipulated in this Interpretation, and the unit shall also be fined.
Can the village committee solve the problem of the boss's wage arrears? Mediation can be done, but it generally has no effect. The employing unit shall not deduct or default the wages of workers without reason. If the employer deducts or defaults on wages, the laborer may complain and report to the labor security department (labor inspection brigade); You can also apply to the labor dispute arbitration commission for labor arbitration.
Private bosses are in arrears with their wages. The location is not in Beijing. Can I sue him in Beijing? If a lawsuit is filed, if the company is located in Beijing, it can be sued in a court in Beijing. If not, bring a suit in the court of the specific place of registration.
In case of arbitration, both the place of work and the place of registration can apply for arbitration.