If the employer is in arrears with wages, the employee may submit an application for arbitration, a copy of the application and the corresponding evidential materials to the labor dispute arbitration committee, and apply for arbitration according to law. After that, the Arbitration Commission will handle it according to the procedures of acceptance, trial, mediation or adjudication.

After receiving a copy of the arbitration application, the respondent shall submit a written reply to the labor dispute arbitration committee within ten days. After receiving the defense, the labor dispute arbitration commission shall deliver a copy of the defense to the applicant within five days. The failure of the respondent to submit the written defense shall not affect the arbitration proceedings.

If an agreement is reached through mediation, the arbitration tribunal shall make a conciliation statement. The conciliation statement shall specify the arbitration request and the result of the agreement between the two parties. The conciliation statement shall be signed by the arbitrator, stamped with the seal of the Labor Dispute Arbitration Commission and served on both parties. The conciliation statement shall have legal effect after it is signed by both parties. Before the conciliation statement is served, if the conciliation fails or one party reneges, the arbitration tribunal shall make an award in time.

Calculation standard of economic compensation

The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.

If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years. The monthly wage refers to the average wage of workers in the twelve months before the dissolution or termination of the labor contract.