How Do I Collect Back Pay?

"Arrears of wages" refers to the scope of protection, including: overpaid wages payable by an enterprise; social insurance premiums that are not paid in full by an enterprise. The "guarantee" is to explain the guarantee conditions. The so-called wage arrears protection does not mean that one or a group of employees are in arrears of wages, and they can immediately come to claim advances. Its advances (also known as "claims") have certain application requirements. It mainly refers to the following: 1. The enterprise entered into liquidation procedures due to going out of business or declaring bankruptcy, but its assets could not be realized for the time being, or its assets were insufficient to pay the wages owed or social insurance premiums. 2. The legal representative (or operator) of the enterprise is concealed, and the suspension of operations results in the same consequences as above.

Wages in arrears

Arrears of wages in enterprises have long-term damage to labor rights. Various disputes caused by arrears of wages also easily cause potential hidden dangers and threaten normal social order. Especially for workers, they often face difficulties in recovering wages on their own. Due to such deficiencies, the labor department and the court have imposed lesser punishment on labor arrears than expected. Under such circumstances, strengthening administrative intervention, collecting security deposits in advance, buffering and reducing the risk of arrears of wages should have an effect on protecting labor rights.

Earlier in the construction industry, some provinces and cities have tried to collect security funds to rectify this area of high wage arrears. As for the actual effect, it is also uneven. Even with a good vision of preventing wage arrears, once the practice of collecting wage arrears is extended to all businesses, it becomes a costly conventional expenditure, and it is controlled and operated by the government-that is, it becomes a Before this public decision is made, it is necessary to give the business and society sufficient time to discuss, carefully clarify the interests and balance the legitimate rights and interests of labor and business.

According to the timetable given by the Provincial Labor Insurance Department, under the premise that the key provisions are ambiguous, the provision for the collection of wages in arrears only leaves the society for two or three months to discuss. In such a short period of time, how to fully listen to the opinions of all parties, including enterprises, is the challenge faced by the draft to establish credibility. In particular, how to calculate the charging standards, whether to distinguish between arrears of wages and malicious arrears caused by operating difficulties, how to balance the industries with high wages and low wages, whether good companies will pay for bad business owners, too many details To be considered.

It is reasonable to talk about the phenomenon of arrears of wages in a general way, and endless sympathy can be reported. If reference is made to the provisions on the protection of wages in arrears in the plan, and then to review the methods and measures to solve the phenomenon of wages arrears, a new discussion context and decision-making framework should be established. Following the existing thinking of establishing rules and regulations, in essence, all enterprises must bear the cost of arrears of wages, and it is mandatory. Therefore, it is stipulated that the drafting department is obliged to investigate the law and distribution of wage arrears in Guangdong, supplemented by targeted policy recommendations, which is a necessary condition for the legitimacy of the regulation.

Before establishing a system of wages in arrears, assessing the impact it will have on the labor and enterprise dimensions. Protecting labor and protecting enterprises should be a timely, appropriate, and applicable measure of this system. We must see that with the social issue of arrears of wages, the relevant departments have successfully incorporated the new universal fee policy into the agenda. As a result, the interests of labor, business and government may be adjusted again. Fairness is no longer just a response to unpaid workers, it has also risen to the government's responsibility to enterprises, and it should not be taken lightly.

The scope of advances for wages in arrears includes:

1. Salaries payable by the enterprise but not paid to employees overdue;

2. Enterprises that fail to pay in full and on time according to law

An enterprise that pays arrears of wages in accordance with regulations must meet one of the following conditions to apply for advance payment of arrears of wages:

I. Enterprise enters due to closure of business, bankruptcy declared by the people's court, etc.

1. Any person who violates the minimum wage standards and issues the provisions of Articles 2, 6, and 8 shall be ordered to make corrections by the department in charge of labor security administration under the State Council.

2. The enterprise did not pay the minimum wage in legal currency; the overtime pay and the allowances under special working conditions such as middle shift, night shift, high temperature, low temperature, high altitude, underground, poisonous and harmful were included in the minimum wage standard; Workers are informed of the relevant provisions on the minimum wage; if they do not regard the family visit leave, marriage and funeral leave, and state and social activities that they have participated in according to law as providing normal labor, the local government s labor security administrative department shall order them Correct within a time limit.

If no correction is made within the time limit, the employer and the responsible person shall be given economic punishment.

3. If the enterprise violates the provisions of Article 2 on the implementation of minimum wage protection and supervision, the local government's labor security administrative department shall order it to repay the wages owed to the workers within a time limit, and pay the workers based on the length of the wages owed Compensation. If the arrears are within one month, pay the workers 20% of the wages owed; if the arrears are within three months, pay the workers 50% of the wages owed; the arrears are within three months For workers who are more than one month old, 100% of the wages owed shall be paid to the workers. If the wages and compensations owed are refused, economic sanctions shall be imposed on the enterprise and the person responsible.

4. If the party disagrees with the punishment decision, the parties may apply for reconsideration in accordance with the provisions of the Administrative Reconsideration Regulations. If they are not satisfied with the reconsideration decision, the parties may file a lawsuit in a people's court in accordance with the provisions of the Administrative Procedure Law of the People's Republic of China.

5. If the applicant for reconsideration fails to sue and fails to implement the reconsideration decision, it shall be implemented in accordance with the provisions of the Administrative Reconsideration Regulations.