It is illegal to be in arrears with wages for more than 3 days. Laborers can ask for arrears of wages through consultation with the unit. If negotiation fails, wages can be demanded through labor arbitration, litigation, etc. the employer fails to pay the wages of the workers beyond the specified time without justifiable reasons. According to China's "Labor Law", wages should be paid to the workers themselves on a monthly basis in the form of money. According to the provisions of Article 5 of the Labor Law, wages should be paid to the workers themselves on a monthly basis in the form of money, and the wages of the workers should not be deducted or delayed without reason. "Monthly payment" means that wages should be paid in the form of monthly salary, including monthly payment. Therefore, the employer shall settle the wages within 3 days after the end of the natural month, and more than 3 days will constitute arrears of wages. The Interim Provisions on Wage Payment also stipulates that wages must be paid according to the date agreed by the employer and the employee. Wages are paid at least once a month. Therefore, the employer shall settle the wages within 3 days after the end of the natural month, and more than 3 days will constitute arrears of wages. According to Article 85 of the Labor Contract Law, if it is not paid within the time limit ordered by the labor administrative department, the employer will pay compensation to the laborer according to the standard of more than 5% and less than 1% of the payable amount.
legal basis article 85 of the labor contract law of People's Republic of China (PRC), 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 5% and less than 1% of the payable amount:
(1) Failing to pay the employee's remuneration in full and on time according to 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;
(4) dissolving or terminating the labor contract and failing to pay economic compensation to the workers in accordance with this regulation.
Article 5 of the Labor Law stipulates that wages should be paid to the laborers themselves on a monthly basis in the form of currency, and wages of laborers shall not be deducted or delayed without reason.