I. Complaining to the labor inspection department
According to Article 85 of the Labor Contract Law and Article 9 of the Labor Dispute Arbitration and Mediation Law, if the employer is in arrears or fails to pay the labor remuneration in full, it may complain to the labor inspection, which shall accept and order the employer 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% to 100% of the default amount.
Complaints to the labor inspection can be made orally or in writing, and I need to submit my ID card and the evidence that the employer is in arrears with wages.
Second, apply for labor dispute arbitration
Labor dispute arbitration is an effective way to recover labor remuneration, which can generally be finally resolved.
Arbitration of labor disputes shall be under the jurisdiction of the labor dispute arbitration committee in the place where the employing unit has its domicile or where the labor contract is performed. To apply for labor dispute arbitration, an arbitration application and a copy of the respondent's ID card shall be submitted 1 copy; Copies of relevant evidence and 2 copies of evidence list; Some areas also need to provide information about the employer's industrial and commercial registration. The application for arbitration shall contain the following items:
(a) the name, sex, age, occupation, work unit, domicile, mailing address and telephone number of the laborer, the name, domicile, mailing address and telephone number of the employer, and the name and position of the legal representative or principal responsible person;
(2) The arbitration claim and the facts and reasons on which it is based;
(3) Evidence and its sources, names and residences of witnesses.
If a copy is submitted, the original shall be submitted to the Arbitration Commission for inspection.
According to the fourth paragraph of Article 27 of the Labor Dispute Arbitration and Mediation Law, the special limitation period is applicable to the workers' recourse for labor remuneration, which is one year from the date of dissolution or termination of labor relations.
Third, apply to the people's court for a payment order.
According to Article 30 of the Labor Contract Law and Article 16 of the Labor Dispute Arbitration and Mediation Law, if the employer defaults on the wages of the workers or fails to perform the payment agreement, the workers may directly apply to the people's court for a payment order.
To apply for a payment order, you need to submit an application, a debit note and the applicant's identity document. The application shall include the following contents:
1, basic information such as employee's name and employer;
2, the amount of wages paid by the laborer to the employer;
3. The facts and evidence on which the laborer's request is based;
4. The property status of the employer and the property available for execution.
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.