Which department should I complain to if I don't pay?

If the employing unit infringes upon the rights and interests of workers, deducts wages or defaults on wages without reason, it shall be subject to Article 18 of the Interim Provisions on Wage Payment.

You can complain to the labor administrative department, and the labor administrative departments at all levels have the right to supervise the wage payment of the employer.

At present, China's labor administrative department belongs to Ministry of Human Resources and Social Security. In 2009, Ministry of Human Resources and Social Security stipulated that the national human resources and social security complaint reporting telephone number was 12333.

First, which departments do the unit complain about not paying wages?

1. Complain to the labor inspection brigade. If the employing unit violates the provisions of the state, fails to pay the remuneration in full or is in arrears, the laborer may complain to the labor administrative department, which shall handle it according to law.

2. Labor arbitration. In the event of a labor dispute, if the parties are unwilling to negotiate, and the negotiation fails or fails to perform after reaching a settlement agreement, or the mediation fails or fails to perform after reaching a mediation agreement, they may apply to the Labor Dispute Arbitration Committee for arbitration; Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.

3. Bring a lawsuit to the court. If workers have IOUs, they can bring their ID cards, household registration books, IOUs, complaints and copies to the court to file a civil lawsuit. If the court decides that the employer pays the arrears, but the employer still refuses to pay, the laborer may apply to the court for compulsory execution within two years after the expiration of the time limit stipulated in the judgment.

4. 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 9 of the Labor Dispute Mediation and Arbitration Law

If the employing unit violates the provisions of the state, it is in arrears or fails to pay labor remuneration in full, or it is in arrears with medical expenses for work-related injuries, economic compensation or compensation, the employee may complain to the labor administrative department, which shall handle it according to law.

Article 5 of the Labor Dispute Mediation and Arbitration Law

In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to a mediation organization for mediation; Unwilling to mediate, failing to mediate or failing to perform after reaching a mediation agreement, you may apply to the Labor Dispute Arbitration Committee for arbitration; Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court unless otherwise stipulated in this Law.

Second, which departments should I look for in arrears with workers' wages?

Under normal circumstances, if you encounter arrears of wages, the parties can solve it in one of the following three ways:

First, find the labor inspection brigade. After receiving the complaint, the labor inspection brigade will issue a Notice of Ordering Correction to the person in charge of the company. Let the company pay wages within a time limit;

Second, find the labor arbitration commission. If the supervision team cannot solve the problem, it may apply to the Labor Arbitration Commission for arbitration;

Third, solve it through the people's court.

Article 19 of the Interim Provisions on Wage Payment

If there is a labor dispute between the employee and the employer due to the payment of wages, the parties 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.

Third, which departments are faster to find when the construction site is in arrears with wages?

In case of unpaid wages, you can defend your rights in the following ways:

First, complain to the labor administrative department. The advantage of solving complaints is that once the employer receives the handling notice from the labor administrative department, if there is no special reason;

Under the pressure of the labor administrative department, the employer can pay the wages of the workers in time, so that the workers can solve the problem of wage arrears in the shortest time and at the lowest cost.

Therefore, this method can be the first choice when dealing with arrears of wages.

However, if the requirements of the workers are complicated, such as economic compensation and compensation. And need to be specifically identified, the labor administrative department may not be able to solve it, and labor arbitration procedures are needed.

2. Apply to the Labor Arbitration Committee for labor arbitration or bring a lawsuit to the court.

If the labor complaint cannot be resolved, the laborer can only apply to the local labor and personnel dispute arbitration committee for labor arbitration, and the dispute between the two parties can be resolved through arbitration.

Labor arbitration is the pre-procedure to solve labor disputes, and it must be done first. If one party refuses to accept the arbitration result, any other party can bring a lawsuit to the court, except that the final ruling unit cannot bring a lawsuit.

Third, through the public security organs to take criminal measures to safeguard rights.

If the employer has the ability to pay and refuses to pay labor remuneration and reaches a certain amount, the employee may actively report to the labor administrative department, request assistance in reporting the case or report the case directly to the public security organ.

Article 9 of the Labor Dispute Mediation and Arbitration Law

If the employing unit violates the provisions of the state, it is in arrears or fails to pay labor remuneration in full, or it is in arrears with medical expenses for work-related injuries, economic compensation or compensation, the employee may complain to the labor administrative department, which shall handle it according to law.

Article 85 of the Labor Contract Law

In any of the following circumstances, the employer shall be ordered by the labor administrative department to pay labor remuneration, overtime pay or economic compensation within a time limit; Labor remuneration is lower than the local minimum wage standard;

The difference should be paid; If the payment is not made within the time limit, the employer shall be ordered to pay compensation to the employee according to the standard of more than 50% 100% of the payable amount:

(1) Failing to pay workers' remuneration in full and on time in accordance with the stipulations of the labor contract or the provisions of the state;

(2) Paying workers' wages below the local minimum wage standard;

(3) Arranging overtime without paying overtime;

(four) the dissolution or termination of the labor contract, not in accordance with the provisions of this law to pay economic compensation to the workers.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 18 of the Interim Provisions on Wage Payment.

Labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employing unit commits one 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 order it to pay compensation:

(1) Deducting or delaying the wages of workers 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.