Where can I complain if the company does not pay my salary for no reason? How can I deal with the situation if my boss does not pay my salary?

The full name of wage arrears should be unjustified wage arrears, which means that the unit does not pay the wages of employees on time or in full if the circumstances are not stipulated by law. In recent years, the phenomenon of enterprises delaying or not paying employees' wages has increased year by year. Faced with such a situation, many workers do not know how to protect their legal interests, nor do they know which department to go to for resolution. So how long does wage arrears last before it is considered illegal? How can workers recover their wages? Let's take a look at the specific answers with the editor of Encyclopedia Knowledge Network.

Contents of this article

1. What to do if the boss does not pay wages
2. What are the circumstances in which wages are withheld without reason?
3. How long does it take for wage arrears to constitute a violation of the law?
4. Where can I complain if the company does not pay wages?

What to do if the boss doesn't pay wages

1. For this type of illegal behavior, the easiest way is to file a complaint with the local labor law enforcement and supervision brigade. They will supervise and inspect the employer in accordance with the Labor and Social Security Supervision Regulations and order it to pay the overdue wages.

2. According to Article 30 of the Labor Contract Law, if the employer fails to pay labor remuneration or fails to pay 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.

3. The most effective way is to apply for labor arbitration directly to the local labor administrative department (free of charge, no lawyer required), and claim compensation from the unit through the award issued by the labor arbitration. If the unit still refuses to pay compensation, you can apply to the court for compulsory execution.

4. If the labor arbitration is not accepted or the arbitration is unfair, you can also file a civil lawsuit with the court within 15 days and directly enforce it through the court judgment.

5. While claiming wages through the above channels, you can also require the employer to pay you additional compensation at a rate of not less than 50% and not more than 100% of the amount payable in accordance with Article 85 of the Labor Contract Law.

What are the circumstances of unjustified wage arrears?

Article 50 of the Labor Law of the People's Republic of China stipulates that "wages shall be paid monthly to the laborer in cash. The wages of the laborer shall not be deducted or delayed without reason." "Delay without reason" here should be understood as the employer intentionally not paying the laborer's wages within the prescribed time without a legitimate reason. The Ministry of Labor's "Supplementary Provisions on Issues Related to the Interim Provisions on Wage Payment" has made an exclusionary provision for "without reason": "Delay without reason" of laborers' wages does not include:

1. The employer is unable to pay wages on time due to natural disasters, wars and other reasons beyond human control;

2. If an employer is truly experiencing difficulties in production and operation or is affected in capital turnover, it may, after obtaining the consent of the employer's trade union, temporarily postpone payment of employees' wages. The maximum limit on the extension period may be determined by the labor and social security administrative departments of provinces, autonomous regions, and municipalities directly under the central government based on local conditions.

Reminder: Wage arrears in other cases are considered to be unjustified.

If in real life your boss does not pay your wages on time, you can go to the local labor supervision department to file a complaint and arbitration. You must learn to use legal means to protect yourself.

How long does it take for wage arrears to constitute a violation of the law?

According to the provisions of the Labor Law, wage arrears of 30 or more constitute illegal wage arrears.

my country's laws and regulations mainly provide for the following:

my country's Labor Law stipulates that "wages shall be paid to the worker in cash on a monthly basis. The worker's wages shall not be deducted or delayed without reason." "Monthly payment" includes that wages should be paid in the form of monthly salaries and that they should be paid monthly. Therefore, employers should settle wages within 30 days of the end of the natural month. If it exceeds 30 days, it constitutes wage arrears.

If the employer is unable to pay wages on time due to production and operation difficulties and capital turnover is affected, the employer may postpone the payment of wages to employees within one month after consultation with the labor union of the employer. The time for delayed payment of wages should be notified to all employees and reported to the competent department for record. If there is no competent department, it should be reported to the municipal, district or county labor and social security administrative department for record.

The "Interim Provisions on Wage Payment" stipulates that "wages must be paid on the date agreed upon by the employer and the employee. In the event of holidays or rest days, they should be paid in advance on the nearest working day. Wages must be paid at least once a month, and if a weekly, daily or hourly wage system is implemented, wages may be paid on a weekly, daily or hourly basis."

Generally, the specific salary payment date is agreed upon by both parties, and there is no mandatory provision in the law. So, as long as the company pays once a month, it is legal. As for whether it is the current month or the previous month, there is no strict regulation. Therefore, as long as your company pays your salary on time, it is in compliance with the law even if the salary of the previous month is paid in the next month.

From the above introduction on how long it takes to be considered illegal to withhold wages, we can know that if the employer does not pay the employee's wages for more than 30 days after the end of the natural period, it can be considered as wage arrears. At this time, the employee can not only ask the employer to pay the wages in time, but also make a claim.

Where can I complain if the company doesn’t pay my salary?

It is abominable that a company deducts workers' wages, but some companies go even further and simply do not pay workers' wages. In such a situation, where should workers who cannot get their wages go to complain?

1. File a complaint with the labor bureau in the employer’s location.

2. File a complaint with the labor arbitration committee in the employer’s location.

When workers are defending their rights against wage arrears, they should pay attention to the following:

1. Confirm the facts of the labor relationship between you and the company, such as payroll, attendance records, and document records of the work process.

2. After confirming the labor relationship, if the unit violates the law by withholding wages, you can negotiate with the boss and ask the unit to pay the back wages.

3. If the negotiation fails, take the relevant materials to the Labor Bureau to file a complaint, or directly go to the Labor Arbitration Committee in the unit's location to file a labor arbitration.

4. If the amount of unpaid wages is relatively large, you can directly hire a lawyer to file a lawsuit and recover the unpaid wages through litigation.

Relevant legal provisions:

Article 18 of the Interim Provisions on Wage Payment:

Labor administrative departments at all levels have the right to monitor the wage payment of employing units. If an employing unit violates the lawful rights and interests of employees in the following ways, the labor administrative department shall order it to pay the employee's wages and economic compensation, and may order it to pay compensation:

(1) deducting or delaying the payment of wages to workers without reason;

(2) Refusing to pay workers wages for overtime work;

(3) The wages paid to workers are lower than the local minimum wage standard. The standards for economic compensation and damages shall be implemented in accordance with relevant national regulations.

Article 19 of the Interim Provisions on Wage Payment:

If a labor dispute arises between an employee and an employer over wage payment, the parties may apply to the labor dispute arbitration authority for arbitration in accordance with the law. If they are dissatisfied with the arbitration award, they may file a lawsuit in the People's Court.

If the company does not pay the workers' wages, the workers can file a complaint with the labor bureau or labor arbitration committee where the company is located.