Introductory remarks:Claims for wages can be resolved through settlement negotiations, mediation, labor arbitration, complaints, lawsuits, and reporting to the police.
Recently, our ** consultation channel has received a lot of inquiries on how to quickly ask for wages, for this topic of general concern, this article will answer for you from multiple perspectives. Whether it's a delay in wages due to a system error, human negligence, or something else, we should know how to respond.
Article 50 of China's Labor Law stipulates that wages shall be paid to the workers themselves in the form of money on a monthly basis, and the wages of the workers shall not be deducted or owed without reason. Wage arrears are illegal and can constitute a crime in serious cases. For such cases, workers can try to solve the problem from the following channels:
Contact the unit's finance, there may be a technical problem
First, stay calm and find out what your salary holds. Double-check your pay stubs to make sure there are no errors. If you find a problem, remember to record it in time to provide strong evidence for subsequent communication. By connecting with the finance staff, you can understand the reasons for the delay in payroll and remember to be polite and patient to better facilitate cooperation. If it is a technical problem, I believe it can be solved quickly.
Reflect the situation to the leaders of the unit and the trade union
Sometimes, the company's finances may not be aware of specific reasons. In this case, it is advisable to seek help from your immediate supervisor or your union (if you have one). They may be able to identify and resolve problems more quickly through their power, while also helping to maintain a good relationship with the company.
External means
If the above avenues do not solve the problem, then you can only seek external help.
(1) Mediation organization:You may apply for mediation to local mediation organizations, including enterprise labor dispute mediation committees, grassroots people's mediation organizations established in accordance with law, and organizations with labor dispute mediation functions established in townships and neighborhoods.
(2) Labor inspection complaints:The Labour and Social Security Department receives complaints about labour cases, including wage arrears. It is also a more convenient way for the parties to find local labor inspection complaints through the Internet.
(3) Labor arbitration:Apply to the local labor arbitration commission for labor arbitration. The limitation period for applying for arbitration of labor disputes is one year, and the limitation period for arbitration is calculated from the date on which the parties know or should know that their rights have been infringed. The adjudication of labor dispute cases by the arbitral tribunal in accordance with law shall be concluded within 45 days from the date on which the labor dispute arbitration commission accepts the arbitration application.
(4) Litigation and litigationIf you are not satisfied with labor arbitration, you can file a lawsuit with the people's court, and it should be noted here that labor arbitration is a prerequisite for litigation and litigation, and arbitration must be conducted before litigation. Moreover, for disputes that do not exceed the local monthly minimum wage standard for 12 months, a lawsuit cannot be filed, and the first award will be final.
Finally, a little trick, for some individual enterprises, small scale, and the amount of arrears of wages is not much, the parties can also call the police to deal with it, ** intervention will generally mediate, and many can be resolved.
Guohui Injury Lawyer reminds you
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