Can you lock the door of a restaurant if you are in arrears of wages

Updated on Restaurant 2024-06-02
4 answers
  1. Anonymous users2024-01-24

    If the employer is in arrears of employees' wages, the employees cannot privately affect the operation of the unit, otherwise they need to bear legal responsibility, and the employees should protect their rights through legal means.

    If the company owes employees wages, employees can call 12333 to complain to the local labor department, or they can apply for labor arbitration to protect their rights.

    In accordance with the Interim Regulations on the Payment of Wages

    Article 7 Wages must be paid on the date agreed between the employer and the worker. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.

    Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with law, the employer shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract.

    Article 18 The labor administrative departments at all levels shall have the right 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.

    Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

    Labor Dispute Mediation and Arbitration Law

    Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

    1) Disputes arising from the confirmation of labor relations;

    2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

    3) Disputes arising from removal, dismissal, resignation, or resignation;

    4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

    5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

    6) Other labor disputes as stipulated by laws and regulations.

  2. Anonymous users2024-01-23

    No, it must be handled through legal channels.

  3. Anonymous users2024-01-22

    No. If wages are in arrears, workers can call 12333 to complain, or they can complain to the Supervision Brigade of the Labor Bureau.

    If the company fails to pay the remuneration on time, the employee can apply for the termination of the labor contract and labor relationship, and demand economic compensation. The worker may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages. If the labor arbitration conclusion is refused, it may apply to the court for compulsory enforcement.

    Article 85 of the Labor Contract Law: In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

    1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

    2) Paying wages to workers at a rate lower than the local minimum wage standard;

    3) arranging overtime work without paying overtime pay;

    4) Dissolving or terminating a labor contract and failing to pay economic compensation to the worker in accordance with this Regulation.

  4. Anonymous users2024-01-21

    1. In the case of arrears of wages by the employer, the employee shall first negotiate with the employer, and if the negotiation cannot be resolved, the employee can resolve the matter through the following legal means:

    1) Complain and report to the local labor and social security inspection agency;

    2) To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application should be submitted to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute;

    3) Resolve through litigation. This is divided into three situations: first, for labor dispute cases, if any party is dissatisfied after labor arbitration, it can file a lawsuit with the court; Second, if the employer does not enforce the labor arbitration award after the labor arbitration award takes effect, the employee may apply to the court for compulsory enforcement; Third, those who belong to the category of labor arrears can directly file a civil lawsuit with the court.

    2. It should be particularly pointed out that when encountering a situation in which rights and interests such as arrears of wages are infringed, we must not resort to radical acts such as climbing buildings and blocking roads, and we must not resort to violent means, and we must rely on legal means to solve the problem. Otherwise, impulsiveness will not only be useless, but may also be held accountable for violating the criminal law.

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Lodge a complaint directly with your local labour inspectorate. It's best to go in a group of more than three people, so the problem will be solved faster.

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First of all, it is recommended that you log in to the local enterprise credit supervision system to check whether the restaurant is regular, whether it has a business license, if it is formal, you can apply for labor arbitration at the local labor arbitration commission with relevant evidence of work, if it is not formal, it is recommended to hold evidence to protect your rights through the channel of judicial litigation.