When you experience non-payment of wages, you have the option of reporting or complaining to the Labour and Social Security Inspectorate. According to the Regulations on the Supervision of Labor and Social Security, any unit or individual has the right to report any violation of labor security laws, regulations or rules to the labor and social security administrative department. Workers can also file a complaint with the labor and social security administration department if they believe that their employer has violated their labor rights and interests. The time limit for the investigation of the case after receiving the case is 60 working days, and the investigation results will make a corresponding decision on handling and punishment in accordance with the law within 15 working days.
In addition, when applying for labor dispute arbitration, you can also apply to the Labor and Personnel Dispute Arbitration Commission for arbitration. According to the Labor Dispute Mediation and Arbitration Law, in the event of a dispute over labor remuneration, work-related injury medical expenses, economic compensation or compensation, the parties concerned shall submit an application for arbitration to the labor dispute arbitration commission within one year of knowing or should have known that their rights and interests have been infringed. The arbitral award shall be final in the event that the amount in dispute does not exceed the local monthly minimum wage for 12 months. In the case of recourse for labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, the arbitral tribunal may, at the request of the parties, make an award for enforcement in advance and transfer the case to the people's court for enforcement.
If you are experiencing unpaid wages, you may also choose to file a lawsuit in court or apply for a payment order. According to the Regulations on Guaranteeing the Payment of Wages to Migrant Workers, migrant workers who are owed wages have the right to file a complaint in accordance with the law, or to apply for mediation and arbitration of labor disputes and file a lawsuit. If there is conclusive evidence, you can apply for a payment order. According to the provisions of the Labor Contract Law, if an employer is in arrears 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 3 of the Labor Law stipulates that workers enjoy the right to equal employment and choice of occupation, the right to receive labor remuneration, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights and interests prescribed by law. Article 50 of the Labor Law stipulates that wages shall be paid to the worker in monetary form on a monthly basis, and wages shall not be deducted or delayed without reason. The Regulations on Guaranteeing the Payment of Wages to Migrant Workers stipulate that migrant workers have the right to receive their wages on time and in full, and no unit or individual may be in arrears with their wages. The wages of migrant workers shall be paid to the migrant workers themselves in the form of money through bank transfer or cash, and shall not be substituted in kind or in other forms such as valuable**. The employer shall pay the wages in full in accordance with the wage payment cycle and specific payment date stipulated in the written agreement with the migrant worker or the rules and regulations formulated in accordance with the law. At the same time, the specific payment date agreed in writing between the employer and the migrant worker or formulated in accordance with the law shall be paid in the current or next period in which the migrant worker provides labor. If the specific payment date falls on a statutory holiday or rest day, the payment shall be made by the aforementioned date. If the employer fails to pay wages on time, it should pay as soon as possible after the force majeure is eliminated.
When you encounter the problem of unpaid wages, you can protect your rights in the following ways: report or complain to the labor and social security inspectorate, apply to the labor and personnel dispute arbitration commission for arbitration, file a lawsuit with the court or apply for a payment order. The corresponding laws, regulations and regulations provide measures to protect the wage rights and interests of migrant workers, and workers should take the initiative to protect their rights and interests in accordance with the law and do not tolerate the occurrence of wage arrears. At the same time, employers should also comply with relevant laws and regulations, pay employees' wages in full and in a timely manner, and promote the harmony and stability of labor relations.