1. If there is an iou, you can directly apply to the people's court for a payment order.
Two, complaints to the labor inspection, the labor inspection shall be ordered to pay within a time limit; If it fails to pay within the time limit, it shall be ordered to pay compensation according to 50- 100% of the default amount.
Advantages: simple method; Disadvantages: law enforcement in various places may not be very strong.
3. Apply for arbitration to the labor dispute arbitration committee of the employer's domicile or the place where the labor contract is performed.
Advantages: in addition to salary, you can also claim compensation. Generally, it can be finally solved; Disadvantages: there are many procedures and professional guidance is needed. It will take a long time in case of malicious litigation by the employer.
As some provinces and cities have not paid compensation within the labor inspection period, it is suggested to complain to the labor inspection first, and apply for labor dispute arbitration if they fail to pay within the time limit.
labour law
Article 50 Wages shall be paid to labourers themselves on a monthly basis in the form of currency. The wages of workers shall not be deducted or delayed without reason.
Ministry of Labour
Interim provisions on wage payment
Seventh wages must be paid on the date agreed by the employer and the employee. In case of holidays or rest days, payment should be made in advance on the nearest working day. Wages are paid at least once a month. If the weekly, daily and hourly wage system is implemented, wages can be paid by the week, day and hour.
Labor Contract Law
Article 85 In any of the following circumstances, the employer shall be ordered by the labor administrative department to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay compensation to the employee according to the standard of more than 50% 100% of the payable amount:
(1) Failing to pay laborers' remuneration in full and on time in accordance with the stipulations of the labor contract or the provisions of the state;
(2) Paying workers' wages below the local minimum wage standard;
(3) Arranging overtime without paying overtime;
(four) the dissolution or termination of the labor contract, not in accordance with the provisions of this law to pay economic compensation to the workers.
Law on Arbitration and Mediation of Labor Disputes
Article 9 If the employing unit violates the provisions of the state, it is in arrears or fails to pay the labor remuneration in full, or is in arrears with the medical expenses for work-related injuries, economic compensation or compensation, the employee may complain to the labor administrative department, which shall handle it according to law.
Article 16 If a mediation agreement is reached on the payment of unpaid labor remuneration, work-related injury medical expenses, economic compensation or compensation, and the employer fails to perform it within the agreed time limit, the employee may apply to the people's court for a payment order according to law with the mediation agreement. The people's court shall issue a payment order according to law.
Article 51 The parties shall perform a legally effective conciliation statement or award within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for execution in accordance with the relevant provisions of the Civil Procedure Law. The people's court that accepts the application shall execute it according to law.
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