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Can I sue directly for wages

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Can I sue directly for wages


        

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  • 2024-06-16 18:00:49

    1、 If there is a written IOU, you can file a lawsuit to the court to demand payment of the salary in arrears; 2、 If the employer is in arrears with the salary and has no written IOU, the worker should first negotiate with the employer. If the negotiation fails, the following legal channels can be used to solve the problem: (1) complain and report to the local labor and social security supervision agency; (2) To apply to the local labor dispute arbitration committee for arbitration, it should be noted that a written application should be submitted to the labor dispute arbitration committee within one year from the date of the labor dispute; (3) Settle through litigation. There are three situations: first, for labor dispute cases, if any party refuses to accept the labor arbitration, it can file a lawsuit to the court; The second is to obey after arbitration. If the employer fails to enforce the labor arbitration award after it takes effect, the worker can apply to the court for enforcement; Third, those who belong to the category of service arrears can directly file a civil lawsuit to the court.

    Legal basis

    Article 18 of the Interim Provisions on Wage Payment, the labor administrative departments at all levels have the right to supervise the wage payment of employers. If an employing unit has any of the following acts infringing upon the legitimate rights and interests of workers, the labor administrative department shall order it to pay workers' wages and economic compensation, and may order it to pay compensation: (1) withholding or defaulting on workers' wages without reason; (2) Refusing to pay labourers wages for extended working hours; (3) Paying labourers 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.

    Yes***

    2024-06-16 18:00:49

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