Legal analysis: in the case of employers defaulting on wages, the worker should first negotiate with the employer, if the negotiation can not be resolved, then you can solve the problem through the following legal channels:
(1) Complaints and reports to the local labor security supervision agencies;
(2) Apply for arbitration to the local labor dispute arbitration committee, it should be noted that, to the labor disputes within one year from the date of occurrence of the written application to the arbitration committee;
(3) Through litigation to resolve It should be noted that a written application should be made to the Labor Dispute Arbitration Committee within one year from the date of occurrence of the labor dispute;
(3) Settlement through litigation. This is divided into three kinds of cases: first, for labor disputes, after labor arbitration, either party does not obey, you can file a lawsuit to the court; the second is the arbitration are obeyed, labor arbitration award comes into effect, the employer does not implement, the workers can apply to the court for compulsory execution; third is the labor arrears can be directly to the court of civil litigation.
Legal basis: the Chinese people's **** and the State Labor Law Article 48 The State implements a minimum wage guarantee system. The specific standards for minimum wages shall be prescribed by the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record. The wages paid to workers by employers shall not be less than the local minimum wage standard.
The Law of the People's Republic of China on Labor Contracts
Article 30 Employers shall, in accordance with the agreement in the labor contract and the provisions of the State, pay the workers their labor remuneration in full and on time. If an employer is in arrears or fails to pay labor remuneration in full, the worker may, in accordance with the law, apply to the local people's court for an order for payment, and the people's court shall issue the order for payment in accordance with the law.
Article 44 Where any of the following circumstances exists, the employer shall pay wages and remuneration higher than the wages for the workers' normal working hours in accordance with the following standards: (1) if the employer arranges for the workers to extend their working hours, it shall pay wages and remuneration of not less than one hundred and fifty percent of their wages; (2) if the employer arranges for the workers to work on their rest days and is unable to arrange for compensatory time off, it shall pay wages and remuneration of not less than two hundred percent of their wages remuneration; (3) statutory vacations arranged for workers to work, pay not less than 300 percent of the wages.