The judge gave the fastest way to get back the arrears

It is understood that in recent years, the number of domestic labor dispute cases has remained high, and new types of labor dispute cases have emerged one after another. According to senior judge Xu Huichun, the case of wages has become the mainstay of labor disputes, accounting for about 80%, and in some areas it is about 90%.

In order to safeguard the legitimate rights and interests of laborers, the Zhejiang Higher People's Court issued the "Special Notice on Doing a Good Job in the Trial Implementation of Employees' Labor Remuneration Cases" at the end of the year, requiring the courts at all levels to actively and steadily handle labor dispute cases. Also issued the "Opinions on Several Issues Concerning the Trial of Labor Dispute Cases (Trial)" and other business guidance opinions, to solve the specific problems of the law applicable in the trial of the third-level courts, the provincial courts actively implement the "people-oriented justice", currently Local grassroots courts have generally established a "green channel" to simplify the procedures and reduce the threshold for litigation, and to facilitate the parties to labor disputes, especially the workers.

What are the best tips for getting back the salary?

On the scene, President Xu Huichun explained to the workers' representatives the introduction and suggestions on the common problems of legal rights protection, and especially taught how to quickly get back the wages through litigation.

"To go to court for a lawsuit is the ultimate way to solve the problem of labor disputes (unpaid wages)." Xu Huichun said that in addition to negotiations (workers and employers negotiate on their own, voluntarily reach an agreement), mediation (by trade unions, people's mediation organizations, etc.) In addition to the negotiation under the auspices of the three parties, the Labor Dispute Mediation and Arbitration Law clearly stipulates the final ruling principle, which means recovering wages, work-related medical expenses, economic compensation or compensation, as long as it does not exceed the local minimum. If the wages of the 12-month amount of wages are disputed, the laborer may apply to the court for execution if he or she does not sue in court.

In order to get the salary faster, the laborer can also apply to the court for payment order according to the Labor Contract Law. If the unpaid enterprise fails to perform the objection within 15 days after receiving the payment order, the laborer can apply directly to the court for enforcement. . In addition, if a worker has a wage owed in his hand, he can sue directly to the court without going through an arbitration procedure.

Xu Huichun emphasized that if the employer defaults, deducts the wages of the laborers and overtime wages, the labor administrative department may order the labor payment, overtime pay or economic compensation to be paid within a time limit; if the labor compensation is lower than the local minimum wage, the difference shall be paid. Partially; if it is not paid within the time limit, the employer shall be ordered to pay compensation to the laborer according to the standard of 50% or more and 100% or less of the amount payable.

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