late wages payment

Posted by Bhuntuu (337 days ago)

Hi all.

I am currently facing a problem with the company I am working for.

The other 2 employees and me have not been paid since 2 months and I am seriously thinking about resigning (it is not the first time).

Although the company director si ensuring the payment will be settled soon (it has been 1 month and a half he is talking like that) now he disappeared somewhere abroad and I am doubting the company of possible insolvency. I read on the Labour Dept. site that i can ask them to investigate on the company financal status and, if it is insolvent, get the money from the Lab. Dept itself. I guess this is a long procedure, isn't it?

The relationship with the company is still friendly, but i just don't want it to take a bad turn, and i want to get prepared.

If I resign before the payment is settled, is there a way for me to get the money back? Should I write ad official claim to the Labour Department? I read on their site I can ask for legal advice there, is that free of charge?

Well, I would really appreciate some guidelines.

Thanks everybody.

(I am based in Shanghai)

Posted by Claire (337 days ago)

If your wages are not paid within one month after they become due, then you can deem that your contract of employment to be terminated by your employer - without notice. You are then entitled to wages in lieu of notice in addition to other statutory and contractual termination payments.

There is a Fund which all employers pay into and makes ex gratia payments to employees owed money from insolvent employers.

Get yourself along to the Labour Relations Division and brush up your resume.

(I am based in Unspecified)

Posted by gdbill (337 days ago)

Original poster is in Shanghai. There is no such thing on the Mainland as a fund that makes payments to workers when the company goes belly up.

(I am based in Guangzhou)

Posted by Bhuntuu (337 days ago)

Ups...I just noticed it, I am actually based in HK. I would have to change the settings.

Sorry for that.

(I am based in Shanghai)