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How to deal with salary arrears

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How to deal with salary arrears


        

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  • 2024-06-17 22:01:42

    1. Complaint to the labor supervision team. If an employer, in violation of State regulations, defaults on or fails to pay labor remuneration in full, the worker may apply to the Labor Bank
    The labor administrative department shall handle complaints from the administrative department according to law.
    2. Labor arbitration. If the parties involved in a labor dispute are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they are unwilling to mediate
    If they fail to reach a mediation agreement or fail to perform it after reaching a mediation agreement, they may apply to the labor dispute arbitration committee for arbitration; if they are not satisfied with the arbitration award, they may bring a lawsuit to the people's court.
    3. Bring a lawsuit to the court. If a laborer has an IOU, he may bring his ID card, account book, IOU, petition of complaint and a copy to the court to file a civil lawsuit and the court will judge the employer to pay the arrears. If the employer still fails to pay, the laborer may apply to the court for compulsory enforcement within two years after the expiration of the time limit specified in the judgment.
    According to Article 9 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, the employer, in violation of state regulations, has defaulted or failed to pay labor remuneration in full, or defaulted on payment of medical treatment for work-related injuries
    In case of medical expenses, economic compensation or compensation, the laborer may complain to the labor administrative department, which shall handle it according to law
    According to Article 5 of the Labor Dispute Mediation and Arbitration Law, in case of a labor dispute, the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement
    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 arbitration award, they may bring a lawsuit to the people's court, except as otherwise provided 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.

    Article 8 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, the labor administrative departments of the people's governments at or above the county level shall establish a tripartite mechanism for coordinating labor relations with representatives of the trade unions and enterprises to jointly study and resolve major issues of labor disputes.

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