Due to the company's failure to pay labor remuneration on time, the parties may apply for the dissolution of the labor contract and labor relationship and demand economic compensation. The parties may report to the local labor supervision administrative department or apply for labor arbitration. After the labor arbitration judgment, if the unit refuses to execute it, the parties may apply to the court for compulsory execution.
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.
Article 50 of the Labor Law stipulates: "Wages shall be paid to the workers themselves on a monthly basis in the form of currency, and they shall not be deducted or have the right to default on their wages".
20 15 1.6 the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Human Resources and Social Security and the Ministry of Public Security jointly issued the Notice on Strengthening the Connection of Investigating and Handling Criminal Cases Suspected of Refusing to Pay Labor Remuneration. This means that the crime of unpaid wages will be hit harder.
Provisions on the crime of malicious unpaid wages in China s criminal law;
Article 276 of the Criminal Law evades payment of laborers' remuneration by transferring property or hiding. Or if the amount of unpaid labor remuneration is relatively large and refuses to pay after being ordered by the relevant government departments to make corrections, he 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.