How to ask for wages through the labor department

Legal analysis: 1. The simplest way to deal with this illegal behavior of wage arrears is to call the local labor law enforcement supervision brigade, which will supervise and inspect the employer according to the Labor Security Supervision Regulations and order it to pay the wage arrears.

2. According to Article 30 of the Labor Contract Law, if the employer 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.

3. The most effective way is to apply for labor arbitration directly to the local labor administrative department (no charge, no lawyer) and claim compensation from the unit through the award issued by labor arbitration. If you don't pay compensation, you can apply to the court for enforcement.

Legal basis: People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law.

Article 2 This Law shall apply 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 3 The handling of labor disputes shall be based on facts, follow the principles of legality, fairness, timeliness and mediation, and protect the legitimate rights and interests of the parties according to law.

Article 4 In the event of a labor dispute, the laborer may negotiate with the employing unit, or request the trade union or a third party to reach a settlement agreement with the employing unit through consultation.

Article 5 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.

Article 6 In the event of a labor dispute, the parties have the responsibility to provide evidence for their claims. If the evidence related to the disputed matter belongs to the management of the employer, the employer shall provide it; If the employer fails to provide it, it shall bear the adverse consequences.