It is a common phenomenon for employers to default on wages. If negotiations fail, they can complain to the labor inspection, apply for labor dispute arbitration, or apply to the People's Court for a payment order if there is an IOU.
1. If there is an IOU, you can apply directly to the People's Court for a payment order.
To apply for a payment order, you need to submit an application form, IOU, and the applicant's identity document. The application should contain the following contents:
1. Basic information such as the name of the worker and the employer;
2. The amount of wages that the worker requires the employer to pay;
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3. Facts and evidence on which the worker’s request is based;
4. The property status of the employer and the property available for execution
2. Complaints to the labor inspection , the labor inspectorate shall order payment within a time limit; if payment is not made within the time limit, compensation shall be ordered to be paid based on the arrears amount of 50-100 yuan.
You can make a complaint to the labor inspection orally or in writing. You need to submit your ID card and evidence of the employer's wage arrears.
Advantages: The method is simple; Disadvantages: Law enforcement in various places may not be very strong.
3. Apply for arbitration to the labor dispute arbitration committee at the place where the employer is domiciled or where the labor contract is performed.
To apply for labor dispute arbitration, you must submit an arbitration application and a copy of the number of applicants according to the number of respondents, a copy of the applicant’s ID card; 2 copies of relevant evidence and an evidence list; in some areas, The employer’s industrial and commercial registration information is required. The arbitration application shall specify the following matters:
(1) The name, gender, age, occupation, work unit, residence, mailing address and contact number of the employee, and the name, residence, mailing address of the employer , contact number and name and position of the legal representative or principal responsible person;
(2) Arbitration request and the facts and reasons based on it;
(3) Evidence and sources of evidence , name and residence of the witness.
If you submit a copy, the original must be submitted to the arbitration committee for inspection.
Advantages: In addition to wages, you can also claim compensation, etc., and it can usually be settled eventually; Disadvantages: There are many procedures, professional guidance is required, and it will take a long time if the employer encounters malicious litigation.