Traditional Culture Encyclopedia - Hotel franchise - What should I do if the hotel defaults on wages?
What should I do if the hotel defaults on wages?
1, settled through negotiation. First of all, try to negotiate with the hotel to see if the problem of wage arrears can be solved as soon as possible.
2, the labor administrative department complaints. If negotiation fails, a lawsuit may be brought to the local labor security supervision institution or the labor and personnel dispute arbitration commission? Complaints and reports. These institutions have the right to deal with employers' arrears of wages according to law.
3. Apply for labor arbitration. Workers can apply to the local labor dispute arbitration committee for labor arbitration, and ask the hotel to pay the wages and compensation in arrears. When applying for labor arbitration, you need to pay attention to submit a written application within one year from the date of labor dispute.
4. Court prosecution. If you are not satisfied with the result of labor arbitration, you can bring a lawsuit to the people's court within 15 days after receiving the arbitration.
5. Apply for a payment order. In some cases, you can apply to the local people's court for a payment order to recover your wages.
When a person's wages are in arrears, we must first find out whether this time is in arrears in the legal sense, and it does not mean that not paying wages at the agreed time constitutes arrears in wages. Usually within 30 days of the agreed payment time, in fact, you can't think so. After that, it is necessary to choose the right way to protect rights, so that it is possible to recover your salary.
To sum up, when encountering the problem of wage arrears, we must take up legal weapons to defend our legitimate rights and interests.
Legal basis:
People's Republic of China (PRC) labor contract law
Article 30
If the employer is in arrears or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order according to law, and the people's court shall issue a payment order according to law.
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