In the past two years, the relevant departments have paid great attention to this issue, however, there are still some enterprises that have failed to pay their employees' wages normally due to various reasons, which is indeed deeply regrettable.
How should workers respond when companies are in arrears of wages?
First of all, workers should not immediately assume that the company is wrong. China's law divides wage arrears into two categories: "unjustified" and "justifiable" to treat them differently. If you handle it blindly, you may bring unnecessary trouble to yourself.
Article 50 of the Labor Law stipulates that "wages shall be paid to the worker himself on a monthly basis in the form of money, and shall not be in arrears without reason." According to the Explanation of the Ministry of Labor on Several Articles of the Labor Law of the People's Republic of China, the so-called "monthly payment" means that wages are paid at least once a month. The monthly salary system must pay wages every month, and it is not paid on a monthly basis if it exceeds the agreed time or the time specified in the labor contract.
Article 50 of the Labor Law defines "unjustified arrears" as the failure of an employer to pay an employee's wages within a specified period of time without justifiable reasons. What are the "good causes"? According to the Supplementary Provisions on Issues Concerning the Payment of Wages, justifiable reasons include: natural disasters, wars, etc., which are beyond human resistance; Production and operation difficulties, capital turnover is affected, and the payment is temporarily overdue after the consent of the unit's labor union. In all other cases, it is considered unexcused arrears.
If the employer is indeed in arrears of wages without reason, the employee should first fully communicate with the employer. Communication is the best way to solve problems, and being open and honest will help you gain understanding and respect from the other party. When dealing with such disputes, it is not wise to make a big noise, but it can exacerbate the conflict.
If the negotiation fails, the employee may choose to report the employer's wage arrears to the local labor inspection department, or apply to the labor dispute arbitration commission for labor arbitration. Article 91 of the Labor Law and Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts clearly stipulate the penalties for employers who deduct wages or default on wages without reason, including ordering them to pay wages, economic compensation, and even compensation.
In short, workers should remain calm and take appropriate measures to solve the problem of wage arrears. At the same time, ** and relevant departments should also continue to strengthen supervision to ensure that the rights and interests of workers are fully protected.