In the event that no settlement can be reached through consultation, workers should choose the legal and regulatory approach to safeguard their legitimate rights and interests. For example, there are the following options:
1. Report or complain to the labor security administrative department. According to Article 9 of the Regulations on Labor and Social Security Supervision, any organization or individual has the right to report to the labor and social security administrative department any violation of labor and social security laws, regulations or rules. If a worker believes that an employer has infringed upon his or her legitimate rights and interests in labor security, he or she has the right to complain to the administrative department of labor security.
2. Apply to the local labor dispute arbitration committee for arbitration. According to the relevant provisions of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, if the labor relationship is terminated, a dispute arising from the arrears of labor remuneration should be raised within one year from the date of termination of the labor relationship; However, during the duration of labor relations, the application for arbitration by a worker is not subject to the limitation period of one year for arbitration. The arbitration award shall be final for the dispute that the amount of labor remuneration claimed does not exceed 12 months of the local minimum monthly wage standard, and the award shall become legally effective from the date of making.
3. Bring a lawsuit or apply for a payment order to the court. According to Article 10 of the Regulations on the Protection of the Payment of Migrant Workers' Wages, migrant workers who are in arrears with their wages have the right to complain according to law, or apply for mediation and arbitration of labor disputes and bring a lawsuit. The second paragraph of Article 30 of the Labor Contract Law of the People's Republic of China stipulates that if the employer defaults or fails to pay the labor remuneration in full, the worker 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.
4. Apply to the procuratorial organ for supporting the prosecution. Article 15 of the Civil Procedure Law of the People's Republic of China stipulates that organs, social organizations, enterprises and institutions may support the damaged units or individuals to bring a lawsuit to the people's court for acts that damage the civil rights and interests of the state, collectives or individuals. The civil procuratorial department of the procuratorial organ effectively protects the legitimate rights and interests of workers by supporting them to bring a lawsuit according to law.