1. According to Article 30 of the Labor Contract Law and Article 16 of the Labor Dispute Arbitration and Mediation Law, if Qinghai Haolong issues a wage debt to the employee, the employee may directly apply to the people's court for a payment order.
To apply for a payment order, you need to submit an application, an iou and the applicant's identity document. The application shall contain the following contents:
1, the names of workers and Qinghai Haolong, and other basic information;
2, the amount of wages paid by the employee to the employer;
3. Facts and evidence on which the laborer's request is based;
4. Property status and executable property of Qinghai Haolong.
Second, according to Article 85 of the Labor Contract Law and Article 9 of the Labor Dispute Arbitration and Mediation Law, if Qinghai Haolong is in arrears or fails to pay the labor remuneration in full, he can complain to the Xining Labor Inspection Brigade, and the labor inspection shall accept it and order Qinghai Haolong to pay it within a time limit; If it fails to pay within the time limit, it shall be ordered to pay compensation according to the default amount of 50% to 100%
Complaints to the labor inspection can be made orally or in writing. You need to submit your ID card and evidence of Qinghai Haolong's arrears of wages.
3. Apply to Xining Labor Dispute Arbitration Committee for arbitration.
Labor dispute arbitration is an effective way to recover labor remuneration, which can generally be finally solved. To apply for labor dispute arbitration, the applicant shall submit an arbitration application and * * * copies according to the number of respondents, and a copy of the applicant's ID card 1 copy; Copies of relevant evidence and 2 copies of evidence list; Some areas also need to provide industrial and commercial registration information of employers. The application for arbitration shall contain the following items:
(1) The name, sex, age, occupation, work unit, domicile, mailing address and telephone number of the laborer, the domicile, mailing address and telephone number of Qinghai Haolong, and the name and position of the legal representative or principal responsible person;
(2) The arbitration claim and the facts and reasons on which it is based;
(3) Evidence and its sources, and the name and domicile of the witness.
If a copy is submitted, the original shall be submitted to the Arbitration Commission for inspection.
According to the fourth paragraph of Article 27 of the Law on Arbitration and Mediation of Labor Disputes, the special limitation period applies to workers' recourse for labor remuneration, which is one year from the date of dissolution or termination of labor relations.
Labor law
Article 50 Wages shall be paid to labourers themselves on a monthly basis in the form of currency. The wages of workers shall not be deducted or delayed without reason.
Ministry of Labour
Interim Provisions on Wage Payment
Seventh wages must be paid on the date agreed by the employer and the employee. In case of holidays or rest days, it should be paid in advance on the nearest working day. Wages are paid at least once a month, and wages can be paid by the week, day and hour if the weekly, daily and hourly wage system is implemented.
Labor contract law
Article 85 In any of the following circumstances, the employer shall be ordered by the labor administrative department 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 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 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;
(three) arrange 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 Arbitration and Mediation of Labor Disputes
Article 9 If the employing unit violates the provisions of the state, it is in arrears or fails to pay the labor remuneration in full, or is in arrears with the medical expenses for work-related injuries, economic compensation or compensation, the employee may complain to the labor administrative department, which shall handle it according to law.
Article 16 If a mediation agreement is reached for payment of arrears of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, and the employer fails to perform it within the agreed time limit, the employee may apply to the people's court for a payment order according to law with the mediation agreement. The people's court shall issue a payment order according to law.
Article 27 The limitation period for applying for arbitration of labor disputes 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 stipulated in the preceding paragraph shall be interrupted because one party claims the rights of the other party, or requests the relevant departments for rights relief, or the other party agrees to perform its obligations. The limitation period for arbitration shall be recalculated from the time of interruption.
If, due to force majeure or other legitimate reasons, the parties cannot apply for arbitration within the time limit stipulated in the first paragraph of this article, the time limit for arbitration 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 laborer'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 filed within one year from the date of termination of the labor relationship.
Article 51 The parties shall perform the legally effective conciliation statement or award within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for execution in accordance with the relevant provisions of the Civil Procedure Law. The people's court that accepts the application shall execute it according to law.
Ministry of Human Resources and Social Security
Rules for Handling Labor and Personnel Disputes by Arbitration
Article 29 An applicant applying for arbitration shall submit a written application for arbitration and submit copies according to the number of respondents.
The application for arbitration shall contain the following items:
(1) The name, sex, age, occupation, work unit, domicile, mailing address and telephone number of the laborer, the name, domicile, mailing address and telephone number of the employer, and the name and position of the legal representative or principal responsible person; (2) The arbitration claim and the facts and reasons on which it is based;
(3) Evidence and its sources, and the name and domicile of the witness.
If it is really difficult to write an arbitration application, you can apply orally, which will be recorded by the Arbitration Commission and confirmed by the applicant's signature or seal.
If the applicant's written arbitration application materials are complete, the arbitration commission shall issue a receipt.