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Who to ask for the wages owed to the workers

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Who to ask for the wages owed to the workers


        

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  • 2024-06-16 15:00:04

    The wages owed to workers are claimed in the following ways:

    1. Complaints are made by telephone to the local labor law enforcement and supervision team, who will supervise and inspect the employing unit according to the Labor and Social Security Supervision Regulations and order it to pay the wages in arrears.

    2. In accordance with the provisions of Article 30 of the Labor Contract Law, 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.

    3. The most effective way is to apply for labor arbitration directly to the local labor administrative department (no charge, no lawyer), claim compensation from the unit through the award issued by labor arbitration, and apply to the court for compulsory enforcement if no compensation is made.

    4. If the labor arbitration is not accepted or the arbitration is unfair, you can also file a civil lawsuit to the court within 15 days, and directly execute through the court judgment.

    5. At the same time of asking for wages through the above channels, you can also ask the unit to pay you additional compensation at the rate of 50% to 100% of the amount payable in accordance with Article 85 of the Labor Contract Law.

    Legal basis

    Article 30 [Labor Remuneration] of the Labor Contract Law of the People's Republic of China (2012 Revision) The employer shall pay the labor remuneration to the worker in full and in time in accordance with the labor contract and national regulations.
    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.

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