(1). Report to the labor administration department (usually the labor management inspection brigade.
(2). You can also directly apply for arbitration (arbitration costs 200-300 yuan, if you win all by the company.
(3). If you are not satisfied with the arbitration result, you can sue in court within 15 days after getting the arbitration letter.
(4). According to the state regulations in the arbitration or litigation, you can demand that, in addition to the full payment of wages and salaries of workers within a specified period of time, you also need to add an economic compensation equal to twenty-five percent of the wages and salaries. (See reference section for specific legal basis).
Article 85 of the Labor Contract Law: If the employer has one of the following circumstances, the labor administrative department shall order the employer to pay the labor remuneration, overtime pay or economic compensation within a certain period of time; if the labor remuneration is lower than the local minimum wage, the difference shall be paid; if the employer fails to pay the compensation after the deadline, the employer shall be ordered to pay the laborer an additional compensation equal to more than 50% of the amount payable and less than 100% of the amount due to the laborer. Compensation:
(1) failing to pay the workers' labor remuneration in full and on time in accordance with the agreement in the labor contract or the provisions of the state;
(2) paying the workers' wages at a rate lower than the local minimum wage;
(3) arranging for overtime work and not paying overtime pay;
(4) canceling or terminating the labor contract and failing to pay the workers economic compensation in accordance with the present regulations. economic compensation.
Legal Consequences of Delayed Payment of Wages
The employer shall, in accordance with the agreement in the labor contract and the state regulations, pay the labor remuneration to the workers in full and on time.
Article 30(1) of the Labor Contract Law Risk Impact:
1. Workers can terminate the contract
According to Article 38 of the Labor Contract Law, if the employer fails to pay the labor remuneration to the workers in full and on time, the workers can terminate the labor contract.
2. Payment of compensation
Labor Law, Article 91: "If an employer violates the lawful rights and interests of a worker in one of the following ways, the labor administrative department shall order the employer to pay the worker's wages and remuneration, economic compensation, and may order the employer to pay compensation:
(1) Withholding or defaulting on the payment of wages to the worker for no reason.
(2) refusing to pay workers' wage remuneration for extended working hours;
(3) paying workers less than the local minimum wage standard;
(4) failing to give workers economic compensation in accordance with the provisions of this Law after terminating the labor contract." As can be seen, the unexplained arrears of wages to employees, the employer has to pay the arrears of wages, compensation (25% of the amount of arrears of wages), and, if necessary, damages (but to cause actual damage as a prerequisite).