Generally speaking, this restaurant can complain about the non-payment of wages. You can apply to the local labor bureau for labor arbitration or complain about the non-payment of wages. This kind of non-payment of wages is very common, but workers must learn to protect their rights and interests in an appropriate way.
1. Can restaurants complain about not paying wages? Yes. Complain to the labor bureau where the employer is located and to the labor arbitration commission where the employer is located. The more economical way: 1. Complain to the labor inspection brigade of the local labor bureau and ask them to investigate. 2. If they don't come to investigate, they will complain to the Labor Bureau and write written materials. 3. Submit a request for arbitration to the local labor arbitration committee. 4. If you are dissatisfied with the arbitration result, you may bring a suit in a people's court.
2. Pay attention to the fact of labor relations with the unit, such as payroll, attendance records and documents during work. 2. After confirming the labor relationship, you can negotiate with the boss to ask the unit to reissue the salary for the illegal behavior of the unit in arrears. 3. If negotiation fails, bring relevant materials to the Labor Bureau to complain, or directly to the Labor Arbitration Commission where the unit is located to submit labor arbitration. 4. If the amount of unpaid wages is relatively large, you can directly ask a lawyer to file a lawsuit and get back the unpaid wages through litigation. Article 18 of the Interim Provisions on Wage Payment: Labor administrative departments at all levels have the right to monitor the wage payment of employers. If an employing unit commits any of the following acts that infringe upon the legitimate rights and interests of workers, the labor administrative department shall order it to pay the wages and economic compensation to the workers, and may order it to pay compensation: (1) Deducting or delaying the wages of the workers without reason; (2) Refusing to pay overtime wages to laborers; (3) paying workers' wages below the local minimum wage standard. The standards of economic compensation and compensation shall be implemented in accordance with the relevant provisions of the state. Article 19 of the Interim Provisions on Wage Payment: If there is a labor dispute between the laborer and the employer due to wage payment, the parties may apply to the labor dispute arbitration organ for arbitration according to law. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court. Provisions of the Labor Contract Law on Wage Payment Article 31 The employing unit shall, in accordance with the stipulations of the labor contract and the provisions of the state, pay the laborers labor remuneration in full and on time. If the employer is in arrears or fails to pay the labor remuneration in full, the employee 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. Article 85 In any of the following circumstances, the employer shall be ordered by the labor administrative department to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the difference shall be paid; If it fails to pay within the time limit, the employer shall be ordered to pay compensation to the laborer according to the standard of more than 51% and less than 111% of the payable amount: 1. Failing to pay the laborer's labor remuneration in full and on time in accordance with the labor contract or state regulations; 2, below the local minimum wage standard to pay the wages of workers; 3. Arranging overtime without paying overtime; 4. Dissolving or terminating the labor contract, and failing to pay economic compensation to the workers in accordance with this regulation. To sum up, no matter restaurants or other shops or employers can't default on employees' wages without reason, let alone pay them. In this case, workers must learn how to protect their rights and interests. First, they can discuss with their own bosses. If the consultation is not good, one can make a complaint call. It is recommended to complain to the labor inspection department about this illegal behavior of the unit or to the local labor arbitration commission.