First, what if the intermediary does not pay wages?
In solving the wage problem, if it can be solved through consultation, it is best to solve it through consultation. If not, apply to the labor department for arbitration. If you apply for labor arbitration, you should pay attention to many points: first, apply for labor arbitration within 1 year after the labor dispute occurs, mainly submitting materials. If you are not satisfied with the arbitration award, you should bring a lawsuit within 15 days.
1, settled through negotiation.
2. Report to the labor administrative department (generally the labor inspection brigade in the area where the unit is located).
If the company fails to pay the employee's salary on time, the employee can terminate the labor contract at any time, and immediately ask the company to pay the employee's salary in arrears, and pay 25% of the economic compensation according to the salary in arrears.
3. You can also apply for arbitration directly.
First of all, we must confirm the facts of labor relations with the unit. Secondly, after confirming the labor relationship, you can ask the unit to pay social insurance and reissue wages. Third, the unit should notify the laborer one month in advance when it terminates the labor contract, otherwise it should pay one month's economic compensation as a substitute payment. Fourth, instead of signing a written labor contract to pay double wages, a written labor contract should be signed within one month from the date of employment. Fifthly, if a unit terminates the labor contract illegally, it may demand economic compensation, the amount of which is twice as much as the economic compensation. It is suggested to collect relevant evidence in time and apply to the local labor arbitration department for labor arbitration according to law, requiring the company to fulfill the above obligations.
4. If you are not satisfied with the arbitration result, you can bring a lawsuit to the court within 15 days after receiving the arbitration letter.
Second, the legal consequences of the company's arrears of wages
1. The employee may terminate the contract.
According to Article 38 of the Labor Contract Law, if the employer fails to pay the labor remuneration in full and on time, the employee may terminate the labor contract.
Step 2 pay compensation
According to Article 85 of the Labor Contract Law, if the employing unit fails to pay the laborer's remuneration in full and on time in accordance with the labor contract or the provisions of the state, the labor administrative department shall order it to pay the laborer's remuneration within a time limit; If the wages paid by the employer to the workers are lower than the local minimum wage, the difference between the periods shall be paid; If it fails to pay within the time limit, the employer shall be ordered to pay compensation to the laborer according to the standard of more than 50% and less than 000% of the payable amount.
3. What disputes are handled by labor arbitration?
(1) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection.
Disputes arising from working hours and rest and vacation mainly involve whether the working hours stipulated by the employer comply with the provisions of relevant laws and whether workers can enjoy national statutory holidays and paid vacations. Labor disputes arising from social insurance mainly involve disputes caused by whether the employer pays social insurance premiums such as pension, work injury, medical care, unemployment and maternity for workers in accordance with relevant laws and regulations; Labor disputes arising from welfare and training mainly involve disputes arising from the performance of welfare and training agreed in the labor contract concluded between the employer and the employee; Labor disputes arising from labor protection mainly involve disputes about whether the employer provides workers with labor safety and health conditions that meet the legal requirements.
(two) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation.
The content of this clause involves labor disputes between workers and employers due to monetary payment. Here I mainly talk about "economic compensation" and "compensation". Economic compensation refers to the compensation that the employer should give to the workers when dissolving and terminating the labor contract according to the provisions of the Labor Contract Law. According to the provisions of the Labor Contract Law, due to the fault of the employer, the employee unilaterally proposes to terminate the labor contract with the employer; Or the employer unilaterally decides to terminate the labor contract with the employee for reasons other than the fault of the employee; Or if the employer and the employee propose to terminate the labor contract through consultation, they shall pay economic compensation to the employee. At the same time, if the employer terminates the fixed-term labor contract with the employee, or the enterprise goes bankrupt, is ordered to close down, has its license revoked, or is dissolved in advance, it shall also pay economic compensation to the employee.
Whether it is an intermediary company or other service types, it is a serious illegal act not to pay wages in labor relations. If the company owes employees a lot of wages, the circumstances are very serious, and the legal person in charge of the intermediary company and other direct personnel may even violate the criminal law. The problem is that the local authorities must pay attention to the complaints that the company does not pay wages.