Current location - Recipe Complete Network - Catering franchise - Which department should I go to in Changchun to collect the wages of migrant workers? I worked in a restaurant and left the job normally, but the restaurant didn't pay me my wages. May I ask, where sh
Which department should I go to in Changchun to collect the wages of migrant workers? I worked in a restaurant and left the job normally, but the restaurant didn't pay me my wages. May I ask, where sh
Which department should I go to in Changchun to collect the wages of migrant workers? I worked in a restaurant and left the job normally, but the restaurant didn't pay me my wages. May I ask, where should I go? The worker and the employer to terminate the labor relationship, the employer owes the legal wages of the worker, the worker can go to the employer's location of the labor inspection department to complain, you can also go to the employer's location of the Labor Dispute Arbitration Committee to apply for labor arbitration, the employer is required to return the arrears of wages.

Interim Regulations on the Payment of Wages

Article 18 The labor administrative departments at all levels have the right to monitor the payment of wages by employers. If an employer commits any of the following acts that infringe upon the lawful rights and interests of workers, the labor administrative department shall order it to pay the workers' wages and economic compensation, and may also order it to pay compensation:

(1) withholding or defaulting on the payment of wages to the workers without any justification;

(2) refusing to pay the wages of the workers for extended working hours;

(3) paying wages to workers that are lower than the minimum wage standard of the locality.

All employers shall have the right to monitor the payment of wages to the workers. workers' wages.

The standards for economic compensation and indemnity shall be implemented in accordance with the relevant state regulations.

Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply for arbitration to the labor dispute arbitration authority in accordance with the law. If they are not satisfied with the arbitration award, they may bring a lawsuit to the People's Court.

Law on Labor Contracts

Article 77 Where the lawful rights and interests of a worker are infringed upon, he or she has the right to request the relevant authorities to deal with the matter in accordance with the law, or to apply for arbitration or bring a lawsuit in accordance with the law.

Article 78 Trade unions safeguard the lawful rights and interests of workers in accordance with the law and supervise the fulfillment of labor contracts and collective contracts by employers. Where an employer violates labor laws and regulations and labor contracts and collective contracts, the trade unions shall have the right to make comments or request corrections; where a worker applies for arbitration or brings a lawsuit, the trade union shall, in accordance with the law, give support and assistance.

The Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2 This Law shall apply to the following labor disputes between employers and laborers within the territory of the People's Republic of China:

(1) Disputes arising from the confirmation of the labor relationship;

(2) Disputes arising from the conclusion, fulfillment, alteration, dissolution and termination of a labor contract;

(iii) Disputes arising from removal, dismissal, and resignation and separation from service;

(iv) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

(v) Disputes arising from labor remuneration, medical fees for work-related injuries, and economic compensation or indemnity;

(vi) Other labor disputes.

Article 27 The limitation period for applying for arbitration of labor disputes shall be one year. The limitation period for arbitration shall be calculated from the date when the parties know or should know that their rights have been infringed upon.

The statute of limitations for arbitration stipulated in the preceding paragraph shall be interrupted by a party asserting its rights to the other party, or requesting relief of its rights from the relevant authorities, or the other party agreeing to fulfill its obligations. From the time of interruption, the period of limitation for arbitration is recalculated.

Where, due to force majeure or other justifiable reasons, a party cannot apply for arbitration within the period of limitation for arbitration provided for in paragraph 1 of this Article, the period of limitation for arbitration is suspended. The period of arbitration limitation shall continue to be calculated from the date when the reason for suspension of limitation is removed.

Where a dispute arises during the existence of a labor relationship due to arrears of labor remuneration, the worker's application for arbitration shall not be subject to the limitation period for arbitration stipulated in the first paragraph of this Article; however, where the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.