On the 15th of the next month, the restaurant was paid last month s salary and was still in arrears,

Updated on Restaurant 2024-05-07
2 answers
  1. Anonymous users2024-01-23

    If an employee resigns normally and the employer owes him or her 15 days' wages without reason, the employee may file a complaint with the local labor inspection department and request the employer to pay the arrears of wages.

    The employee can apply for labor arbitration to demand payment of the arrears of wages from the employer.

    How to Apply for Labor Arbitration:

    1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).

    2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then the hearing will be held, and then the two of you will be mediated, and the mediation will not result in the arbitration committee issuing an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court;

    3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.

    Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

    Article 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:

    1) Withholding or defaulting on the wages of workers without reason;

    2) Refusal to pay wages for extended working hours;

    3) Paying wages to workers at a rate lower than the local minimum wage.

    The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

  2. Anonymous users2024-01-22

    You can file a complaint with your local labor department.

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