Joke Collection Website - Public benefit messages - Black-hearted contractor, what should I do if I don't pay in arrears?
Black-hearted contractor, what should I do if I don't pay in arrears?
(1). Report to the labor administrative department (usually the labor management supervision brigade).
(2) You can also directly apply for arbitration (the arbitration fee is 200-300 yuan, and the company will bear all the costs if you win the case.
(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.
(4) According to the national regulations, in arbitration or litigation, you may require that in addition to the full payment of the wages of the workers within the specified time, you also need to pay economic compensation equivalent to 25% of the wages. (For the specific legal basis, see the reference section).
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; 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 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, without paying economic compensation to the workers in accordance with the provisions.
Legal consequences of wage arrears
The employing unit shall, in accordance with the labor contract and state regulations, pay the laborers' labor remuneration in full and on time.
The Risk Impact of Paragraph 1 of Article 30 of the Labor Contract Law;
1. The employee may terminate the contract.
According to Article 38 of the Labor Contract Law, if the employer fails to pay the labor remuneration in full and on time, the employee may terminate the labor contract.
Pay remuneration
Article 91 of the Labor Law: "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. "Visible, the employer shall pay unpaid wages, compensation (25% of unpaid wages) and compensation when necessary (but on the premise of causing actual damage).
- Related articles
- Do you often go to Suhe Bar in Bozhou?
- How to set call ringtone on Huawei mobile phone
- What kind of story does the movie Lucky Me tell?
- Letter of condolence to employees' families during Mid-Autumn Festival
- Which network car platform is safe travel?
- Blessings for the newlyweds and their families
- National day mid-autumn festival blessing
- The software icon on the desktop of the mobile phone (smart phone) suddenly disappeared (not uninstalled). How to get it back?
- Which is better, Suzhou Loan Company?
- Will Huawei's mobile phone clear the chat history and cancel the top setting?