Bian Xiao learned from the relevant person in charge of the Human Resources and Social Security Bureau that the company is located in Huancheng North Road, Wu Tong Street, Tongxiang City. Due to the poor management of the company, there is a large shortage of funds. As a result, employees' wages from June 20 15 to June 20 16 10 were in arrears, amounting to more than 570,000 yuan. Yang Heping, the legal representative of the company, absconded after paying some employees' salaries in 20 16, so he was arrested in a railway station in Hunan on March 28th, 20 17 and detained in Tongxiang detention center on March 30th, 20 17.
What if the boss maliciously defaults on wages?
1, collect evidence
For the employer's arrears of wages, the evidence that workers should pay attention to before defending their rights mainly includes:
1. Evidence that can prove the existence of labor relations.
2. Evidence that can prove working in the unit.
These evidences mainly include labor contract, work permit, work permit, attendance record, worker's certificate, payroll or bank transaction record of previous unit payment, telephone recording with the boss, etc.
2. Rational rights protection
You can defend your rights in the following ways:
1, telephone complaints to the law enforcement and supervision brigade of the local labor department, who will supervise and inspect the employer according to the Labor Security Supervision Regulations and order it to pay the arrears of wages.
2. According to Article 30 of the Labor Contract Law, if the employer 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. 3. The most effective way is to apply for labor arbitration directly to the local labor administrative department (no charge, no lawyer) and claim compensation from the unit through the award issued by labor arbitration. If you don't pay compensation, you can apply to the court for enforcement.
4. If the labor arbitration is not accepted or the arbitration is unfair, you can also bring a civil lawsuit to the court within 15 days and execute it directly through the court's judgment.
3. Relevant laws and regulations
Article 7 of the Interim Provisions on Wage Payment:
Wages must be paid on the date agreed by employers and employees. 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.
If the boss still refuses to pay, don't be afraid of a crime called refusing to pay labor remuneration.
Article 4 1 of the Criminal Law Amendment of People's Republic of China (PRC) (VIII):
Those who evade paying laborers' labor remuneration by transferring property, escape or fail to pay laborers' labor remuneration, and still fail to pay after being ordered by relevant government departments to make corrections, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall 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.