Report unpaid wages to labor inspectors, then use labor arbitration; both are free

Neither complaints nor arbitration carry an application fee. Gather your employment contract, payslips, attendance records, bank transfers, and messages, and expect one to three visits to the human-resources bureau or arbitration commission. The usual arbitration limitation period is one year. For unpaid wages while still employed there, that one-year limit does not apply in the same way; after leaving, apply within one year of the end of employment. Repeated visits and evidence gathering can be discouraging.

First, make a labor-inspection complaint through 12333 or the local human-resources and social-security bureau. Investigations should finish within 60 working days after filing, with a further 30 working days possible for complex cases. Inspectors can order payment and, for failure to pay by the deadline, additional compensation of 50%–100% of the amount due. In 2024, Chinese labor-inspection agencies handled 137,000 cases and recovered RMB 8.65 billion in wages for 654,000 people. If the debt is clear and supported by an acknowledgment or payroll record, you may also apply to a basic-level people’s court for a payment order, issued within 15 days after acceptance when the requirements are met. Second, apply for labor arbitration. The statutory period is 45 days from acceptance, extendable by 15 days. Wage claimants can seek advance enforcement of part of the claim before the full case concludes. Wage awards within 12 times the local monthly minimum wage fall within the category of final arbitration awards, limiting the employer’s ability to relitigate the merits. In 2024, mediation and arbitration bodies handled 4.257 million cases and concluded 4.156 million, involving RMB 93.47 billion. The reported mediation success rate was 79.6%, arbitration case-conclusion rate 98.2%, and arbitration final-resolution rate 73.7%. Reports of proceedings taking six months or a year often concern cases continuing into court: ordinary first-instance proceedings have a six-month period, simplified proceedings three months, and appeals another three months. In 2024, courts concluded 88,000 wage-recovery cases, recovered RMB 28.54 billion, and sentenced 998 people for the criminal offense of refusing to pay labor remuneration.

The 98.2% conclusion rate means proceedings finished, not that claimants collected their money. With no company assets or an absconding owner, recovery may still fail. The Supreme People’s Court reported total enforcement recoveries of RMB 2.3 trillion in 2024 and described the completion rate as high, but did not publish the proportion of unpaid-wage awards actually received by workers. The statistical bulletin did not define “arbitration final-resolution rate”; the original author interprets it as cases not proceeding to court. Wage arrears can meet criminal thresholds: more than three months owed to one person, totaling a locally set amount between RMB 5,000 and 20,000, or arrears to at least ten people totaling a locally set amount between RMB 30,000 and 100,000, together with continued refusal after an official payment order and the other legal conditions. Provincial high courts and procuratorates set and publish the exact threshold within those ranges. Check it and raise it when complaining. Construction-sector migrant workers also have dedicated wage-account and general-contractor advance-payment protections; approaching the general contractor may be more effective than pursuing a labor subcontractor alone. Migrant workers applying for legal aid to recover wages are exempt from financial-hardship screening. The Labor Contract Law and Civil Procedure Law links are official reposts on tax and Guizhou market-regulation sites because the National People’s Congress pages were unavailable. The source author checked Criminal Law Amendment VIII using an alternative retrieval method after the usual page retrieval failed.

Ministry of Human Resources and Social Security (2025). 2024 Statistical Bulletin on Human Resources and Social Security Development. https://www.mohrss.gov.cn/SYrlzyhshbzb/zwgk/szrs/tjgb/202506/W020250616518526345602.pdf; Supreme People’s Court (2025). Work Report. https://www.gov.cn/yaowen/liebiao/202503/content_7013680.htm; State Council (2004). Labor Security Supervision Regulations, Order 423, Articles 9, 17, and 26. https://www.gov.cn/gongbao/content/2004/content_63042.htm; Standing Committee of the National People’s Congress (2007). Labor Dispute Mediation and Arbitration Law, Presidential Order 80, Articles 27, 43, 44, 47, 50, and 53. https://chinajob.mohrss.gov.cn/h5/c/2022-07-15/356212.shtml; Standing Committee of the National People’s Congress (2012 amendment). Labor Contract Law, Articles 30 and 85. https://fgk.chinatax.gov.cn/zcfgk/c100009/c5193025/content.html; Standing Committee of the National People’s Congress (2023 amendment). Civil Procedure Law, Articles 109, 152, 164, 183, 225, and 227. https://amr.guizhou.gov.cn/zwgk/xxgkml/jcxxgk/zcfg/fl/202401/t20240129_83645867.html; Standing Committee of the National People’s Congress (2011). Criminal Law Amendment VIII, Article 41, adding Criminal Law Article 276-1. http://www.npc.gov.cn/cwhhdbdh/c6626/c14002/c14003/201905/t20190523_390477.html; Supreme People’s Court (2013). Interpretation on criminal cases involving refusal to pay labor remuneration, Judicial Interpretation 2013 No. 3, Article 3. https://www.court.gov.cn/fabu/xiangqing/5041.html; State Council (2019). Regulations on Ensuring Payment of Migrant Workers’ Wages, Order 724, Articles 10, 26, 30, 31, 32, and 41. https://www.gov.cn/gongbao/content/2020/content_5469641.htm; Standing Committee of the National People’s Congress (2021). Legal Aid Law, Articles 31 and 42. https://www.beijing.gov.cn/zhengce/zhengcefagui/qtwj/202504/t20250402_4053713.html.