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How to deal with the salary arrears of the resigned company

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How to deal with the salary arrears of the resigned company


        

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  • 2024-05-28 23:00:58

    If the company defaults on wages after the termination of the labor contract, the worker can first negotiate with the company to require the company to pay the wages in arrears; If the company refuses to pay, the worker can complain to the labor administrative department;

    After the complaint, they will order the unit to pay wages within a time limit. If the unit fails to pay wages within the time limit, it will be ordered to pay additional compensation to workers at the rate of 50% to 100% of the amount payable.

    If the complaint is fruitless or you don't want to complain, you can directly apply for arbitration to ask the unit to pay the salary in arrears. If you are not satisfied with the arbitration result, you can file a lawsuit.

    [Legal Basis]

    In Article 85 of the Labor Contract Law, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a time limit if it has any of the following circumstances:;

    If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If it fails to pay within the time limit, the Employer shall be ordered to pay an additional compensation to the worker at a rate between 50% and 100% of the amount payable:

    (1) Failing to timely and fully pay labor remuneration to workers in accordance with the provisions of the labor contract or state regulations;

    (2) Paying labourers wages below the local minimum wage standard;

    (3) Arranging overtime without paying overtime pay;

    (4) Cancellation or termination of the labor contract without paying economic compensation to the worker in accordance with this Law.

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