Traditional Culture Encyclopedia - Hotel accommodation - What if the hotel doesn't pay employees when the labor contract expires?

What if the hotel doesn't pay employees when the labor contract expires?

You can complain to the labor administrative department or apply for labor arbitration.

If the labor administrative department refuses to pay after ordering it, the employer needs to pay extra compensation to the laborer. When applying for labor arbitration, you need to bring an arbitration application, a copy of your ID card, relevant evidence, the employer's industrial and commercial registration information or a copy of your business license.

Article 85 of the Labor Contract Law stipulates that if the employing unit is under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay compensation to the employee according to the standard of more than 50% 100% of the payable amount:

(1) Failing to pay laborers' labor remuneration in full and on time in accordance with the stipulations of the labor contract or the provisions of the state;

(2) Paying workers' wages below the local minimum wage standard;

(3) Arranging overtime without paying overtime;

(four) the dissolution or termination of the labor contract, not in accordance with the provisions of this law to pay economic compensation to the workers.

Law on mediation and arbitration of labor disputes

Article 2 This Law shall apply to the following labor disputes between employers and employees in People's Republic of China (PRC):

(1) Disputes arising from the confirmation of labor relations;

(2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts;

(3) Disputes arising from delisting, dismissal, resignation or resignation;

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

(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;

(six) other labor disputes as prescribed by laws and regulations.

Twenty-first labor dispute arbitration committee is responsible for the jurisdiction of labor disputes.

Labor disputes shall be under the jurisdiction of the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located. Where both parties apply for arbitration to the labor dispute arbitration committee in the place where the labor contract is performed and the place where the employer is located, it shall be under the jurisdiction of the labor dispute arbitration committee in the place where the labor contract is performed.

Article 27 The limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed.

The limitation of arbitration prescribed in the preceding paragraph shall be interrupted because one party claims the rights of the other party, or requests the relevant departments to provide rights relief, or the other party agrees to perform its obligations. The limitation of arbitration shall be recalculated from the time of interruption.

If the parties fail to apply for arbitration within the time limit stipulated in the first paragraph of this article due to force majeure or other legitimate reasons, the arbitration period shall be suspended. The limitation period of arbitration shall continue to be counted from the date when the reasons for suspension of limitation are eliminated.

If there is a dispute over the arrears of labor remuneration during the existence of labor relations, the employee's application for arbitration is not limited by the limitation period of arbitration stipulated in the first paragraph of this article; However, if the labor relationship is terminated, it shall be proposed within one year from the date of termination of the labor relationship.