If the employer is in arrears with the wages of the workers, the workers can demand payment in three ways:
1, workers can go to the local human resources and social security bureau to complain about labor inspection; Advantages: The method is simple. Disadvantages: law enforcement in various places may not be very strong;
2. You can apply to the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau for arbitration and demand payment of wages. If a labor contract is not signed, you can ask for double salary without signing a labor contract. If the termination of labor relations is based on unpaid wages, you can also ask for economic compensation. Advantages: In addition to wages, you can also advocate economic compensation and double wages. , and generally can be finally solved; Disadvantages: applying for labor arbitration is a labor lawsuit, which requires more procedures and professional guidance.
3. If there is an iou, you can directly sue to the court and demand payment of the wages in the iou.
Solutions to wage arrears:
(a) to complain to the labor inspection department where the employer is located, the informant shall provide the complainant's name, gender, age, occupation, work unit, residence and contact information, as well as the name, address and telephone number of the complained employer, and the name, position and telephone number of the legal representative or principal responsible person. If it is inconvenient to come forward, you can choose to call the complaint number: 12333 to make an oral complaint, which will be recorded by the reception staff of the report center and signed or sealed by the complainant after confirmation. If the complainant refuses to sign, it shall indicate the situation; If the receptionist wants to record the complaint process, she needs the consent of the reporter.
(2) Apply for labor arbitration to the labor arbitration committee where the employer is located, with two arbitration applications and a copy of the applicant's ID card 1 copy; Copies of relevant evidence and 2 copies of evidence list, as well as information of the employer industrial and commercial registration. After the materials are submitted, the arbitration commission shall file a case within 5 working days, and then give both parties a period of proof and a period of defense; Then hold a hearing, and then mediate between the two sides. If mediation fails, the Arbitration Commission shall issue an award; Labor arbitration shall be closed within 60 days; If you are dissatisfied with the ruling, you can bring a lawsuit to the court.
Legal basis:
Labor Contract Law
Article 18 If the labor contract does not clearly stipulate labor remuneration and working conditions, and the labor contract does not clearly stipulate labor remuneration and working conditions and other standards, if there is a dispute, the employer and the employee may negotiate again; If negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or there is no agreed labor remuneration in the collective contract, equal pay for equal work shall be implemented; If there is no collective contract or the collective contract does not stipulate working conditions and other standards, it shall be implemented in accordance with relevant state regulations.
Article 30 The employing unit of labor remuneration shall pay laborers' labor remuneration in full and on time in accordance with the labor contract and state regulations.
If the employer is in arrears or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order according to law, and the people's court shall issue a payment order according to law.