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How to collect back wages arrears from hotels
Question 1: The hotel has not paid its employees wages, what should I do? It's not easy to handle. Hotels have always been owners who are not afraid of boiling water.
Let’s unite with other workers to ask for an explanation.
Question 2: How to complain about hotel arrears of employee wages? If an employer deducts or arrears workers' wages, workers can complain to the labor and social security inspection brigade against the employer.
When making a complaint to the Labor Inspection Brigade, bring: your ID card, the full name of the employer, the name and contact number of the person in charge, and relevant evidence that can prove that the employee is working at the employer. The Labor and Social Security Inspection Brigade will issue a deadline for correction. , if corrections are not made within the time limit, the Labor and Social Security Supervision Brigade may issue an administrative penalty decision; if it is not implemented within the time limit, apply to the court for enforcement. At the same time, if you fail to make corrections within the time limit, the employee can claim that the employer pays you 50-100 compensation for the amount of unpaid wages.
Article 50 of the "Labor Law" stipulates: Wages shall be paid to the workers themselves in the form of currency on a monthly basis, and wages shall not be withheld or delayed without reason.
Article 30 of the "Labor Contract Law" Employers shall pay labor remuneration to workers in full and in a timely manner in accordance with the labor contract and national regulations.
Article 9 of the "Interim Provisions on Wage Payment" When both parties to the labor relationship terminate or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in full when the labor contract is terminated or terminated.
Article 85 of the "Labor Contract Law" If an employer has any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; the labor remuneration is lower than the local minimum wage standard If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at a rate of not less than 50% but not more than 100% of the amount payable:
(1) ) Failure to pay labor remuneration in full and in a timely manner in accordance with the labor contract or national regulations;
(2) Paying labor wages below the local minimum wage standard;
( 3) Arranging overtime work without paying overtime pay;
(4) Removing or terminating the labor contract and failing to pay economic compensation to workers in accordance with this law.
Question 3: The hotel is in arrears with wages, what should I do? 100 points. Go to the manager first to coordinate, just say there is no money to use, and see if you can get an advance.
If not, don’t pay them, and go to the labor bureau to sue them.
However, most hotels will not default on such a small amount of money unless they are about to go bankrupt.
Question 4: What should I do if a hotel has not paid wages in arrears? Apply for labor arbitration***.
"Labor Dispute Mediation and Arbitration Law"
Article 2 This law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:
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(1) Disputes arising from the confirmation of the labor relationship;
(2) Disputes arising from the conclusion, performance, modification, cancellation and termination of the labor contract;
( 3) Disputes arising from delisting, dismissal, resignation and resignation;
(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;
(5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;
(6) Other labor disputes stipulated in laws and regulations.
Question 5: I work in a hotel, but I quit. The hotel still owes me half a month’s salary, and it has refused to give me my salary after asking for it multiple times. How should I get my salary back? If this happens, you should work with other workers who are owed wages to collect and retain the specific facts and conclusive evidence of the other party's arrears of wages, and send a representative to the local labor inspection department with jurisdiction to report and complain, and ask them to Help you collect unpaid wages.
If the problem still cannot be solved or you are not satisfied with the outcome, file a lawsuit in court. Be careful to stay calm and restrained, and do not engage in other conflicts with the other party through excessive behavior.
The unified reporting hotline for wage arrears is 12333. Asking the labor inspection department to help you collect wages is low cost, short in time, and simple in procedure. It is the first choice to collect arrears of wages.
Question 6: What should I do if the hotel owes the chef wages? Both parties can negotiate and resolve labor remuneration issues.
If an agreement cannot be reached, you can apply for labor arbitration to the Labor Arbitration Commission. If you are not satisfied with the arbitration result, you can file a civil lawsuit in court.
For wage arrears, you can also complain to the labor inspection department.
"Labor Dispute Mediation and Arbitration Law of the People's Republic of China"
Article 2 The following labor disputes between employers and workers within the territory of the People's Republic of China , this law shall apply.
(5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or damages, etc.;
Article 5 When a labor dispute occurs, the parties are unwilling to negotiate, fail to reach an agreement, or If a settlement agreement is not performed after reaching a settlement, it may apply to a mediation organization for mediation; if it is unwilling to mediate, mediation fails, or the mediation agreement is not performed after reaching a mediation agreement, it may apply for arbitration to the Labor Dispute Arbitration Commission; if one is dissatisfied with the arbitration award, unless otherwise provided in this law In addition, a lawsuit can be filed in the People's Court.
Article 9 If an employer violates state regulations and defaults on or fails to pay labor remuneration in full, or defaults on medical expenses, economic compensation or compensation for work-related injuries, workers may complain to the labor administrative department, which It should be handled in accordance with the law.
Question 7: The hotel is about to close down. What should I do if the hotel is in arrears with employees’ wages? The company must go through legal procedures when it goes bankrupt, one of which is to pay employees’ wages and pay corresponding economic compensation.
Question 8: What should I do if the hotel waiter’s wages are in arrears? If you signed a contract
the contract should indicate when the payday is
You can ask him for it on the specified payday according to the labor contract
Salary
If he postpones, he must compensate the employee for the number of days of deferment
with late payment
Of course, the employee can also choose not to receive late payment
Normal salary payment
If the company forcibly postpones salary payment
You can take the contract to the local labor bureau for assistance
If there is no contract
Then it’s not a regular company
Then just absenteeism while doing it
Leave as soon as you get last month’s salary
Question 9 : How to resolve the money the hotel owes its employees can only go to labor arbitration. The premise is that there must be evidence, otherwise it will not be accepted. If the amount is not large, it is recommended to give up. It is a waste of time and the gain is not worth it
Question 10: In the hotel What should I do if I am a *** and have been unpaid wages? According to the law, unpaid wages after one month are considered unpaid wages. You can report it
1. Complain to the local labor inspection department, or call the hotline 12333.
2. Go to the Human Resources and Social Security Bureau to apply for labor arbitration.
3. Go to the local People’s Court to file a lawsuit and apply for a payment order.
According to the "Labor Contract Law"
Article 30 The employer shall pay labor remuneration in full and in a timely manner in accordance with the labor contract and national regulations.
If the employer defaults or fails to pay labor remuneration in full, the employee may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
Article 77 If the legitimate rights and interests of workers are infringed upon, they have the right to request the relevant departments to handle the matter in accordance with the law, or to apply for arbitration or initiate litigation in accordance with the law.
Article 85 If an employer has any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; if the labor remuneration is lower than the local minimum wage standard, it shall pay other If the balance is not paid within the time limit, the employer shall be ordered to pay additional compensation to the employee at a rate of not less than 50% but not more than 100% of the amount payable.
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