Wage arrears cannot be sued directly. Workers need to apply for labor arbitration first, and can sue in the court only after they are dissatisfied with the arbitration results.
In case of a labor dispute, the parties concerned can negotiate with the boss first; If the negotiation fails, the worker may apply to the mediation organization for mediation. If the laborer is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he may apply to the labor dispute arbitration committee for arbitration. If the employee is not satisfied with the arbitration result, he or she may bring a lawsuit to the court, that is, the labor dispute shall be subject to the pre arbitration procedure. The court will not accept the labor dispute without arbitration. Therefore, workers need to apply for labor arbitration first.
[Legal Basis]
Article 5 of the Labor Dispute Mediation and Arbitration Law, if a labor dispute occurs and the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they can apply to the mediation organization for mediation; If they are unwilling to mediate, fail to mediate, or fail to perform after reaching a mediation agreement, they may apply to the labor dispute arbitration committee for arbitration; If they are not satisfied with the arbitral award, they may bring a lawsuit to the people's court, unless otherwise provided for in this Law
Legal basis
Article 5 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, if a labor dispute occurs and the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they can apply to the mediation organization for mediation; If they are unwilling to mediate, fail to mediate, or fail to perform after reaching a mediation agreement, they may apply to the labor dispute arbitration committee for arbitration; If they are not satisfied with the arbitral award, they may bring a lawsuit to the people's court, unless otherwise provided for in this Law.