How can a company protect its own rights and interests if it does not sign a labor contract and is in arrears with its employees' wages?

Yi Rong Information Network recently reported that Weibo netizen @ Nianjieniu broke the news: Beijing Pink Monkey Culture defrauded employees and owed millions of wages and services.

I've had enough! Beijing pink monkey culture (boss nickname: Wan Wan, real name: Mona; The boss's younger brother's nickname: Shui Gu Zero, real name: Ni Huan) has been employed for a long time, has not signed a labor contract, and is in arrears with employees' wages for several months. However, the company's projects have been advanced by employees and delayed. And the boss and the boss's brother are very red and spicy every day. What company is this? Can you really do it?

At the end of the year, pink monkeys are recruiting again. Do you know why they are so diligent? Not because the company is big, but because employees frequently leave on a large scale. It is estimated that the only serious employees are the boss and the boss's brother.

I have long heard that the foreign cooperation of Pink Monkey is a knot every year, with a game of 300 yuan. I didn't expect even my own employees to be spared!

Someone in their prop department paid nearly 80 thousand RMB (really a good man), and it has been delayed until now!

Even their travel expenses are paid in advance by employees of the brokerage department, and the amount is about 60,000 RMB. So far, it has been delayed!

Artists, photographers, makeup artists, directors ... I just want to ask, have you received the money? Has it been delayed for half a year?

When you recruit new people, it is estimated that you will be bolder not to give them. Anyway, when you leave, the pink monkey will laugh black, and the boss's pink mustang with the Mona Lisa bent can get new wheels and new paint!

Advise practitioners in the industry to be more careful. It is illegal for them not to sign the contract. Five insurances and one gold, no social security.

Above, the most awesome is 20 18 1 month! I just got my salary from September to June of 20 17 10! A whole quarter's salary is in arrears!

Here, I just want to talk to the leaders of pink monkeys (especially Bend). Being a company is not like this. Please act in accordance with national laws! We are all honest people who do things and be human beings. If we are in a hurry, we can only meet in labor arbitration.

(Image from Weibo Netizen @ 中中中中中)

What are 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.

Therefore, the company shall abide by the following provisions.

1, timely payment of wages According to Article 7 of the Interim Provisions on Payment of Wages, wages must be paid on the date agreed by the employer and the employee. In case of holidays or rest days, payment should be made in advance on the nearest working day. Wages are paid at least once a month. If the weekly, daily and hourly wage system is implemented, wages can be paid by the week, day and hour. The specific date of wage payment shall be agreed by the enterprise and the laborer. Once the date of payment of wages is determined, workers' wages shall be paid in strict accordance with the stipulated date, and those who fail to pay wages within the time limit shall be treated as arrears of wages.

2. No wages will be deducted. On the premise that the laborer has provided normal labor, the employing unit shall pay all labor remuneration to the laborer according to the standards agreed in the labor contract, and shall not arbitrarily "deduct wages". Deducting wages, like defaulting on wages, also belongs to "not paying labor remuneration in full and on time", and it will also face the risk of "the laborer can terminate the contract" and "paying compensation" for defaulting on wages.

3. Payment in the form of loan currency According to the relevant provisions of the Labor Law, wages should be paid in legal tender, and it is not allowed to pay in kind or marketable securities instead of loan currency.

4. The date of salary payment should be as loose as possible. In order to avoid wage arrears, the agreement on the date of wage payment should be as loose as possible, so as to give enterprises sufficient time to calculate wages and raise funds. In particular, it is necessary to set aside time for financial personnel to calculate wages when implementing piece-rate wages and benefit wages. In order to avoid some special circumstances, the enterprise can stipulate in the labor contract that the laborer confirms that the delay caused by financial settlement or bank transfer is not an act of wage arrears.

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How to deal with the company's arrears of wages

If the employer is in arrears with wages, it may complain to the safety supervision brigade of the labor department or directly apply for labor arbitration.

First of all, you should go to the labor bureau in the city center to complain about your company, and the labor inspection brigade will file a case and leave your basic information. Then go to your company to find out, if it is true, they will come forward to mediate and warn you that your company's behavior has violated the labor law, and they will enforce it when they encounter companies that refuse to implement it.

Unit wage arrears is a common problem, which can be solved by the following methods:

1, reported to the labor administrative department (generally the labor management supervision brigade).

2. You can also apply for arbitration directly (the arbitration fee is 200-300 yuan, and the company will bear all the winning cases).

3. 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.

According to the national regulations, in arbitration or litigation, you can demand that in addition to paying the wages and salaries of the workers in full within the specified time, you also need to pay economic compensation equivalent to 25% of the wages and salaries.

What should I do if the company defaults on wages after leaving the company?

The relevant laws and regulations on wage arrears are as follows:

Article 9 1 of the Labor Law stipulates that:

Where an employing unit infringes upon the lawful rights and interests of a laborer in any of the following circumstances, the labor administrative department shall order it to pay wages and economic compensation to the laborer, and may also order it to pay compensation:

(1) Deducting or delaying the wages of workers without reason;

(2) Refusing to pay overtime wages to laborers;

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

(4) Failing to give economic compensation to the laborer in accordance with the provisions of this Law after the termination of the labor contract.

Payment of wages beyond the date agreed or unilaterally decided by both parties without reason, or failure to pay wages in full beyond the specified date, are all arrears of wages, violating the provisions of the above-mentioned labor laws and regulations.

Article 4 of the Supplementary Provisions of the Ministry of Labor on Issues Related to the Interim Provisions on Wage Payment. The Ministry of Labor 1995226 stipulates that "non-payment without reason" as mentioned in Article 10 of the Regulations (No.KLOC-0/994489 of the Ministry of Labor) refers to the behavior that the employer fails to pay the wages of workers beyond the prescribed time without justifiable reasons.

The Criminal Law Amendment (VIII) added a new charge to the crime of infringing on property-the crime of malicious unpaid wages.

Article 41 of the Criminal Law Amendment (VIII) stipulates: One article is added after Article 276 of the Criminal Law as one of Article 276: "Whoever evades paying laborers' labor remuneration by transferring property or escaping, or fails to pay laborers' labor remuneration in a large amount, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or shall only be fined; If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph. If the acts mentioned in the preceding two paragraphs have not caused serious consequences, the punishment may be mitigated or exempted if the laborer is paid labor remuneration and is liable for compensation according to law before prosecution. "

There are many sources of wage arrears, but the most important one is the State Council's Opinions on Solving the Problem of Migrant Workers, among which:

Three, pay close attention to solve the problem of low wages and arrears of migrant workers.

(six) the establishment of migrant workers wage payment security system. Strictly regulate the employer's wage payment behavior, ensure that the wages of migrant workers are paid to me in full and on time, and pay wages on a monthly basis or according to the labor contract. Establish a wage payment monitoring system and a wage guarantee system to fundamentally solve the problem of arrears and deduction of wages for migrant workers. Labor and social security departments should focus on monitoring the wage distribution of employers where migrant workers are concentrated. For employers who are in arrears with wages, they are forced to deposit the wage deposit in the bank on schedule and implement special account management. Effectively solve the problem of arrears in government investment projects. All construction units shall timely allocate the project funds in accordance with the contract. If the construction funds are not implemented, the relevant departments shall not issue the construction permit or approve the commencement report. Focus on monitoring the implementation of wage guarantee system in construction enterprises. Increase the punishment for employers who default on the wages of migrant workers. Those who are in arrears in bad faith and the circumstances are serious may be ordered to suspend business for rectification, reduce or cancel their qualifications until their business licenses are revoked, and the relevant personnel shall be punished according to law. All localities and units should continue to increase wage arrears to ensure that no new arrears occur.

(seven) reasonably determine and improve the wage level of migrant workers. Standardize the wage management of migrant workers, and effectively change the situation of low wages and different pay for equal work. All localities should strictly implement the minimum wage system, reasonably determine and timely adjust the minimum wage standard, and formulate and implement the hourly minimum wage standard. Formulate industry reference standards for labor quotas of related posts. The employing unit shall not refuse to implement the minimum wage system on the grounds of piecework wage, and shall not lower the wage level in disguise by raising the labor quota. Strictly implement the national regulations on employees' rest and vacation, extend working hours, rest days and legal holidays according to law, and pay overtime wages. Migrant workers and other workers should receive equal pay for equal work. The relevant departments in the State Council should strengthen the guidance and supervision over the local formulation, adjustment and implementation of the minimum wage standard. All localities should scientifically determine the wage guidance line, establish a collective wage negotiation system for enterprises, and promote the reasonable growth of migrant workers' wages.

Among them, there are regulations on the supervision of arrears of wages, and the punishment for malicious arrears of wages will be heavier.

How to handle such events?

1. Confirm the facts of labor relations with the company, such as payroll, attendance records, documents during work, etc. 2. After confirming the labor relationship, you can negotiate with the boss to ask the unit to reissue the salary for the illegal behavior of the unit in arrears. 3. If negotiation fails, bring relevant information to the Labor Bureau to complain, or directly file a labor arbitration with the Labor Arbitration Committee where the unit is located. Complain to the Labor Bureau or the Labor Arbitration Commission about wage arrears.

If the company defaults on wages before leaving the company in life, it can generally be solved by the above means. If you feel troublesome or still have not solved the problem, or the amount of arrears is relatively large, you can directly file a lawsuit with a lawyer and get back the arrears of wages through litigation.