After discovering that wages have been owed or deducted, the employee can first try to negotiate with the employer to settle the problem. You can ask the financial department or personnel department of the employer about the situation, ask the reason for the non-payment of wages, and ask for a solution as soon as possible. If the employer agrees to resolve the issue, it is best to reach a written agreement so that it can be defended later.
If the negotiation with the employer fails, the employee can file a complaint with the local labor inspection department. The Labor Inspectorate is the leading body responsible for supervising employers' compliance with labor laws and regulations, and they will investigate and handle complaints in accordance with the law.
Complaint process: The employee needs to prepare relevant evidence, such as labor contract, salary slip, bank transfer records, etc., to prove the existence of an employment relationship with the employer and the fact that wages are in arrears or deducted.
Submit a written complaint to the local labor inspection department and attach relevant evidence.
After receiving a complaint, the labour inspectorate will investigate and verify it in accordance with the law. If this is the case, they will order the employer to pay wages within a time limit and impose corresponding administrative penalties.
If, after being dealt with by the labour inspectorate, the problem is not resolved, the worker can also apply for labour arbitration or file a lawsuit. Labor arbitration refers to a legal system in which labor dispute arbitration commissions mediate and adjudicate labor disputes. If the employee is dissatisfied with the outcome of the labor arbitration, the employee can also file a lawsuit with the people's court.
Xiao Wang works for a private company, but the company has not paid his salary on time for three consecutive months. Xiao Wang first communicated with the company's financial department and learned that the company was temporarily unable to pay wages due to operational difficulties. As a result, Xiao Wang submitted a written complaint to the local labor inspection department, attaching the labor contract and salary slips as evidence. After investigation and verification, the labor inspection department ordered the company to pay wages within a time limit and imposed administrative penalties on the company. In the end, Xiao Wang successfully got the arrears of wages.
Labor Law of the People's Republic of China: Article 50 stipulates that wages shall be paid to the worker himself in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Labor Contract Law of the People's Republic of China: Article 30 stipulates that an employer shall pay labor remuneration to an employee in full and in a timely manner in accordance with the provisions of the labor contract and national regulations. If the employer is in arrears or fails to pay the labor remuneration in full, the worker 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.
Interim Provisions on Payment of Wages: Article 18 stipulates that labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the worker's wages and economic compensation, and may also order the employer to pay compensation.