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What should restaurants do if they default on employees' wages?

Legal analysis: If the unit is in arrears with wages, it is best for employees to negotiate with the unit and directly apply for labor arbitration to defend their rights if negotiation fails. However, employees need to collect evidence of the existence of labor relations and the amount of wages in advance.

legal basis: article 48 of the labor law of the people's Republic of China implements the minimum wage guarantee system. The specific standard of the minimum wage shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record. The wages paid by the employer to the workers shall not be lower than the local minimum wage.

Labor Contract Law of the People's Republic of China

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 44 Under any of the following circumstances, the employing unit shall pay the wages higher than the wages of the workers during their normal working hours according to the following standards: (1) If the workers are arranged to extend their working hours, they shall pay the wages not less than 151% of the wages; (2) If workers are arranged to work on rest days but cannot be arranged for compensatory time off, they shall be paid a salary of not less than 211% of their wages; (3) If workers are arranged to work on legal holidays, they shall be paid no less than 311% of their wages.