if the employer is in arrears with the employee's wages, the employee may complain to the local labor inspection department or apply for labor arbitration.
1. If you work for an employer, there are two ways to ask for payment of wages:
1. Laborers can complain to the local labor bureau for labor inspection; Advantages: The method is simple. Disadvantages: law enforcement in various places may not be very strong;
2. You can apply for arbitration at the local labor bureau (Labor Dispute Arbitration Committee of Human Resources and Social Security Bureau) and ask for payment of wages. If you have not signed a labor contract, you can ask for double wages for not signing a labor contract. If the termination of labor relations is based on unpaid wages, you can also ask for economic compensation. Advantages: besides wages, you can also advocate economic compensation, double wages, etc., and generally they can be finally solved; Disadvantages: applying for labor arbitration is a labor lawsuit, which requires a little more procedures and professional guidance.
2. If you work for an individual, it is not a labor relationship, you can directly go to the court to sue the individual's boss and demand payment of labor remuneration.
article 2 of the law on mediation and arbitration of labor disputes this law is applicable to the following labor disputes between employers and workers in the people's Republic of China:
(1) disputes arising from the confirmation of labor relations;
(2) disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts;
(3) Disputes arising from delisting, dismissal, resignation and resignation;
(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;
(5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;
article 51 of the labor law shall pay the wages to the workers themselves on a monthly basis in the form of money. The wages of workers shall not be deducted or delayed without reason.
interim provisions on payment of wages article 18 the labor administrative departments at all levels have the right to monitor the payment of wages by the employing units. 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 wages and economic compensation to the workers, and may also order it to pay compensation:
(1) Deducting wages from the workers or failing to pay them without reason;
(2) refusing to pay overtime wages to workers;
(3) paying workers' wages below the local minimum wage standard.
the standards of economic compensation and compensation shall be implemented according to the relevant provisions of the state.