Joke Collection Website - Blessing messages - What should the hotel do if it defaults on employees' wages?
What should the hotel do if it defaults on employees' wages?
1, reported to the labor administrative department (generally the labor management supervision brigade).
2. You can also apply for arbitration directly.
3. If you are not satisfied with the arbitration result, you can bring a lawsuit to the court within 15 days after receiving the arbitration letter.
Workers can solve it by the following methods:
1, reported to the labor administrative department (generally the labor management supervision brigade).
2. You can also apply for arbitration directly.
3. If you are not satisfied with the arbitration result, you can bring a lawsuit to the court within 15 days after receiving the arbitration letter.
According to the national regulations, in arbitration or litigation, you can demand that in addition to paying the wages and salaries of the workers in full within the specified time, you also need to pay economic compensation equivalent to 25% of the wages and salaries.
Usually, there are objective and subjective reasons for the unit's wage arrears. The objective reason is that the unit cannot pay wages on time because of temporary cash flow difficulties or even poor management. This situation should be considerate of the unit, but it is not infinite. The unit must ensure that the salary of employees is the first consideration, and it is really impossible to do it. We should consider how to arrange it properly.
Second, employees who default on wages due to subjective reasons, such as habitual or malicious default, have been threatening employees' wages or misappropriating wages for a long time, should take up legal weapons to safeguard their legitimate rights and interests.
According to the law, the employing unit shall pay the laborers (including employees on probation) labor remuneration in full and on time in accordance with the labor contract and state regulations.
1. If the employer defaults 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.
2. If the employer fails to pay the laborer's labor remuneration in full and on time in accordance with the labor contract or the provisions of the state, the labor administrative department shall order him to pay the labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay compensation to the laborer according to the standard of more than 50% 100% of the payable amount.
Legal basis:
Article 50 of the Labor Law
Wages should be paid 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.
Article 77 In case of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration or bring a lawsuit according to law, or settle it through consultation.
Article 30 of the Labor Contract Law
The employing unit shall, in accordance with the labor contract and state regulations, 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.
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