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; Industrial and commercial registration information of the employer (registration information is not required in Beijing).
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.
Interim provisions on wage payment
Article 9 If the labor contract is dissolved or terminated by both parties in labor relations according to law, the employing unit shall pay the employee's salary in one lump sum when dissolving or terminating the labor contract.
Eighteenth 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.
labour law
Article 50 Wages shall be paid to labourers themselves on a monthly basis in the form of currency. The wages of workers shall not be deducted or delayed without reason.
Article 41 Limitations on Extending Working Hours The employer may extend the working hours due to the needs of production and operation after consultation with the trade unions and laborers, and generally the daily working hours shall not exceed 1 hour; If it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed 3 hours per day and 36 hours per month under the condition of ensuring the health of the workers.
Forty-third illegal extension of working hours is prohibited. The employing unit shall not extend the working hours of laborers in violation of the provisions of this law.
Article 44 Under any of the following circumstances, the employing unit shall pay wages higher than the wages of the workers during their normal working hours according to the following standards:
(1) If workers are arranged to work longer hours, they shall be paid no less than150% of their wages;
(2) If workers are arranged to work on rest days but cannot be arranged for compensatory time off, they shall be paid a salary of not less than 200% of their wages;
(3) If workers are arranged to work on legal holidays, they shall be paid no less than 300% of their wages.
Article 91 Where an employing unit infringes upon the lawful rights and interests of workers, in any of the following circumstances, the labor administrative department shall order it to pay wages and economic compensation to the workers, and may also 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;
(4) Failing to give economic compensation to the laborer in accordance with the provisions of this Law after the termination of the labor contract.
Law on mediation and arbitration of labor disputes
Article 9 Administrative Relief for Disputes over Arrears of Labor Remuneration If the employing unit violates state regulations, defaults or fails to pay labor remuneration in full, or defaults on medical expenses for work-related injuries, economic compensation or compensation, the employee may complain to the labor administrative department, which shall handle it according to law.
Labor Contract Law
Article 30 The employing unit shall, in accordance with the stipulations of the labor contract and the provisions of the state, pay the laborers' labor remuneration in full and on time. 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.