1. What is the cause of action for wage arrears?
Cause of action: dispute over unpaid labor remuneration.
The employing unit shall pay the workers' wages in full on a monthly basis, and shall not delay the wages of workers without reason. If there is arrears, the laborer may complain to the administrative department of labor security (labor inspection brigade), and the labor inspection brigade shall order him to pay within a time limit. If it fails to pay within the time limit, it may request additional compensation.
Article 85 of the Labor Contract Law stipulates:
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 workers' remuneration in full and on time in accordance with the stipulations of the labor contract or the provisions of the state.
Yes;
(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.
Second, the employer's coping strategies:
1. Pay wages in time
According to Article 7 of the Interim Provisions on Wage Payment, wages must be paid on the date agreed by the employer and the employee. In case of holidays or rest days, payment should be made in advance on the nearest working day. Wages are paid at least once a month. If the weekly, daily and hourly wage system is implemented, wages can be paid by the week, day and hour.
The specific date of wage payment shall be agreed by the enterprise and the laborer. Once the date of payment of wages is determined, workers' wages shall be paid in strict accordance with the stipulated date, and those who fail to pay wages within the time limit shall be treated as arrears of wages.
2. No salary deduction
On the premise that the laborer has provided normal labor, the employing unit shall pay all labor remuneration to the laborer according to the standards agreed in the labor contract, and shall not arbitrarily "deduct wages".
Deducting wages, like defaulting on wages, also belongs to "not paying labor remuneration in full and on time", and it will also face the risk of "the laborer can terminate the contract" and "paying compensation" for defaulting on wages.
The so-called "deduction" of wages means that employers deduct wages due to workers without justifiable reasons. In addition to the following circumstances, it is illegal to deduct the wages of workers:
1 If an employee fails to complete the production task due to personal subjective reasons or non-physical problems, the unit may deduct his salary, and the deducted salary shall not be lower than the minimum wage standard.
When an employee violates labor discipline and causes losses to the unit, the deduction ratio of the monthly salary of the unit must be less than 20% of the monthly salary of the employee.
The employee's personal leave is calculated according to the deduction of one day's salary for one day of absenteeism.
Employees who take sick leave can be paid according to their sick pay, and performance or productive rewards can be deducted.
In addition, the expenses withheld and remitted by the employer from the employee's salary according to law include the personal income tax of the employee's own salary, the social insurance premium paid by the employee, the support and alimony paid by the employee in assisting the execution of the court's judgment and ruling. , does not belong to the deduction of wages.
3. Issue in the form of loan currency.
According to the relevant provisions of the Labor Law, wages should be paid in legal tender and not in kind or marketable securities instead of loans.
4. Pay wages as loosely as possible.
In order to avoid wage arrears, the agreement on the date of wage payment should be as loose as possible, giving enterprises enough time to calculate wages and raise funds. In particular, it is necessary to set aside time for financial personnel to calculate wages when implementing piece-rate wages and benefit wages.
In order to avoid some special circumstances, the enterprise can stipulate in the labor contract that the laborer confirms that the delay caused by financial settlement or bank transfer is not an act of wage arrears.
When determining the labor relationship between the laborer and the employer, both parties must sign a labor contract, and at the same time, the specific content of the work and the specific information such as salary shall be stated in the labor contract. If the employer does not sign a labor contract with the employee, the employee can also ask for double wages as compensation, and the specific situation of wage arrears can also be resolved through labor arbitration.