What should the boss do if he defaults on his employees' wages?

If the boss is in arrears with the employee's salary, the labor administrative department shall order him to pay the employee's salary and economic compensation, and may also order him to pay compensation. If a mediation agreement is reached on the payment of unpaid labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, and the employer fails to perform it within the agreed time limit, the laborer may apply to the people's court for a payment order according to law with the mediation agreement. If negotiation fails, you can apply for labor arbitration or bring a lawsuit.

Legal basis:

People's Republic of China (PRC) labor dispute mediation and arbitration law

Article 2: This Law is applicable to the following labor disputes between employers and employees in People's Republic of China (PRC): (1) Disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts; (3) Disputes arising from delisting, dismissal, resignation or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection; (five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation; (six) other labor disputes as prescribed by laws and regulations.

Article 16 If a mediation agreement is reached on the payment of unpaid labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, and the employer fails to perform it within the agreed time limit, the employee may apply to the people's court for a payment order according to the mediation agreement. The people's court shall issue a payment order according to law.

Article 40 of the Labor Contract Law of People's Republic of China (PRC): In case of dismissal without fault, in any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary: (1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires; (two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post; (3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.

Article 91 of the Labor Law of People's Republic of China (PRC), if an employing unit infringes upon the legitimate rights and interests of workers, in any of the following circumstances, 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 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;

(4) Failing to give economic compensation to the laborer in accordance with the provisions of this Law after the termination of the labor contract.