Current location - Recipe Complete Network - Catering training - What if the catering company defaults on wages?
What if the catering company defaults on wages?

Hotel owners who are in arrears with employees' wages should complain to the local labor bureau in time, and they can also apply for labor arbitration. However, under normal circumstances, the labor bureau is obliged to investigate clearly after receiving the complaint. If the arrears of employees' wages are true, the labor bureau should order the hotel owners to reissue their wages to employees in time and pay compensation.

1. What should I do if the hotel owner defaults on his employees' wages? Hotel owners who are in arrears with employees' wages can complain to the Labor Bureau or apply for labor arbitration. "Interim Provisions on Payment of Wages" Article 18 Labor administrative departments at all levels have the right to monitor the payment of wages by employers. Where 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 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 In case of a labor dispute between a laborer and an employer due to the payment of wages, the parties concerned 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.

second, what is the time limit for hotel owners to apply for arbitration for arrears of employees' wages? Article 27 of the Law on Mediation and Arbitration of Labor Disputes The limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed. The limitation of arbitration stipulated in the preceding paragraph shall be interrupted because one party claims the rights of the other party, or requests the relevant departments for rights relief, or the other party agrees to perform its obligations. The limitation period for arbitration shall be recalculated from the time of interruption. If, due to force majeure or other legitimate reasons, the parties cannot apply for arbitration within the time limit stipulated in the first paragraph of this article, the time limit for arbitration shall be suspended. The limitation period of arbitration shall continue to be counted from the date when the reasons for suspension of limitation are eliminated. If there is a dispute over the arrears of labor remuneration during the existence of labor relations, the laborer's application for arbitration is not limited by the limitation period of arbitration stipulated in the first paragraph of this article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship. It is quite common for hotel owners to default on employees' wages, and in most cases, hotel owners will not sign labor contracts with employees. In addition, most waiters are not particularly strong in legal awareness, and it is fruitless to ask the boss for wages on their own, and they have not complained to the labor bureau. This is to condone the illegal behavior of hotel owners.