Legal analysis
According to the relevant laws and regulations of our country, it is the legal obligation of the employer to pay the wages of workers in full and on time. As long as the labor relationship is determined by both employers and employees, the company should pay the labor remuneration according to the agreement in the labor contract. The training period belongs to the performance period of the labor contract, and employees are required to go to work during the training period, and the employer shall pay the employees according to the labor contract. China implements the minimum wage guarantee system, and it is illegal not to pay workers during training. Due to the weak position of workers, many workers don't know how to get their wages back when the company doesn't pay them. In fact, there are many ways to solve this problem. Workers can negotiate with the company first and ask the company to pay wages in time. If negotiation fails, you can complain to the relevant departments. Laborers may complain to the labor administrative department, which shall order the employer to pay wages within a time limit. If the payment is not made within the time limit, the employer shall be ordered to pay compensation to the laborer according to the standard of more than 50% 100% of the payable amount. If the complaint is fruitless, the laborer can also apply for labor arbitration or file a labor lawsuit.
legal ground
Labor law of the people's Republic of China
Article 48 The State implements the minimum wage guarantee system. The specific standard of the minimum wage shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record. The wages paid by the employer to the workers shall not be lower than the local minimum wage.
Article 79 After a labor dispute occurs, the parties may apply to the labor dispute mediation committee of their own unit for mediation. If mediation fails and one party requests arbitration, it may apply to the Labor Dispute Arbitration Committee for arbitration. One party may also directly apply to the Labor Dispute Arbitration Commission for arbitration. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.
Article 91 Where an employing unit infringes upon the lawful rights and interests of laborers in any of the following circumstances, the labor administrative department shall order it to pay the laborers' wages and economic compensation, and may also order it to pay compensation: (1) Deducting or delaying the laborers' wages 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.
Article 77 of the Labor Contract Law of People's Republic of China (PRC) * * * If the legitimate rights and interests of workers are infringed, they have the right to request the relevant departments to handle it according to law, or apply for arbitration or bring a lawsuit according to law.