First file a complaint with the Human Resources and Social Security Bureau, then apply for final and binding one-instance arbitration — both options are free, and most cases yield results within a few months

There are no fees for either option. You’ll need to gather your employment contract, pay stubs, attendance records, bank transfer statements, and any relevant chat logs, then visit the local Human Resources and Social Security Bureau or arbitration commission one to three times. There is a one-year deadline (known legally as the arbitration statute of limitations) for filing an arbitration claim. Employees still working for the employer are exempt from this deadline; those who have already left must file within one year of their departure. The main difficulty lies in making repeated trips and collecting all necessary evidence, which can be discouraging.

The first step is to complain. Call 12333, or complain to labor inspection at the local human resources and social security bureau. By law the investigation finishes within 60 working days after filing; complex cases may be extended by another 30 working days. If confirmed, the company can be ordered to pay by a deadline. If it still does not pay after the deadline, it must add compensation of 50% to 100% of the amount due. In 2024, inspection agencies nationwide handled 137000 cases and recovered 8650000000 yuan in wages for 654000 people. If you have an IOU or a clear wage sheet, you may also apply directly to a grassroots court for a payment order. A payment order is a court order telling the company to pay; the court issues it within 15 days of accepting the case. The second step is to apply for arbitration. By law the case is closed within 45 days of acceptance, extendable by another 15 days. For unpaid wages you may apply for advance enforcement: part of the award can be enforced before the whole case is finished. If the amount owed does not exceed 12 times the local monthly minimum wage, it is final in one arbitration: after the award the company cannot sue again. In 2024, 4257000 cases were handled nationwide and 4156000 were closed. The closed amount was 93470000000 yuan. The mediation success rate was 79.6%, the arbitration closure rate 98.2%, and the arbitration termination rate 73.7%. Some people say this takes “half a year to a year”; that refers to cases that go on to court after arbitration. Those cases take 6 months at first instance (3 months under the summary procedure), plus 3 months for a second instance. In 2024 courts closed 88000 cases seeking labor remuneration and recovered 28540000000 yuan; 998 people were sentenced for the crime of refusing to pay labor remuneration (nationwide)

人力资源社会保障部 (2025). 2024 年度人力资源和社会保障事业发展统计公报. https://www.mohrss.gov.cn/SYrlzyhshbzb/zwgk/szrs/tjgb/202506/W020250616518526345602.pdf；最高人民法院 (2025). 最高人民法院工作报告. https://www.gov.cn/yaowen/liebiao/202503/content_7013680.htm；国务院 (2004). 劳动保障监察条例（国务院令第 423 号，第九、十七、二十六条）. https://www.gov.cn/gongbao/content/2004/content_63042.htm；全国人大常委会 (2007). 劳动争议调解仲裁法（主席令第八十号，第二十七、四十三、四十四、四十七、五十、五十三条）. https://chinajob.mohrss.gov.cn/h5/c/2022-07-15/356212.shtml；全国人大常委会 (2012 修正). 劳动合同法（第三十、八十五条）. https://fgk.chinatax.gov.cn/zcfgk/c100009/c5193025/content.html；全国人大常委会 (2023 修正). 民事诉讼法（第一百零九、一百五十二、一百六十四、一百八十三、二百二十五、二百二十七条）. https://amr.guizhou.gov.cn/zwgk/xxgkml/jcxxgk/zcfg/fl/202401/t20240129_83645867.html；全国人大常委会 (2011). 刑法修正案（八）第四十一条，即刑法第二百七十六条之一. http://www.npc.gov.cn/cwhhdbdh/c6626/c14002/c14003/201905/t20190523_390477.html；最高人民法院 (2013). 关于审理拒不支付劳动报酬刑事案件适用法律若干问题的解释（法释〔2013〕3 号，第三条）. https://www.court.gov.cn/fabu/xiangqing/5041.html；国务院 (2019). 保障农民工工资支付条例（国务院令第 724 号，第十、二十六、三十、三十一、三十二、四十一条）. https://www.gov.cn/gongbao/content/2020/content_5469641.htm；全国人大常委会 (2021). 法律援助法（第三十一、四十二条）. https://www.beijing.gov.cn/zhengce/zhengcefagui/qtwj/202504/t20250402_4053713.html

These pathways are effective, but it’s crucial to distinguish between “case closure” and actual payment receipt. The 98.2% closure rate reflects only procedural completion; many workers still receive nothing if employers lack assets or abscond. The Supreme People’s Court publishes only total enforcement figures (2.3 trillion yuan in 2024) and a “high completion rate,” offering no data on how much of that actually reaches workers. The term “arbitration termination rate” lacks an official definition here; it is interpreted as cases never appealed to court. Criminal prosecution thresholds apply either when a single worker is owed wages for three months or more, totaling 5,000 to 20,000 yuan, or when ten or more workers are owed a combined 30,000 to 100,000 yuan. In either case, failure to pay after an order to pay can trigger criminal proceedings. Provincial courts set exact amounts within these ranges; check your local figure before filing. Construction workers benefit from dedicated wage accounts and guarantees by general contractors, making an approach to the general contractor more effective than approaching the subcontractor. Both complaint and arbitration routes require an employer. Unlicensed workshops and shops still qualify, but private work for a family or individual, such as domestic nanny work, is not an employment relationship and must be pursued in court (see Item 22). Legal aid for migrant workers seeking unpaid wages is granted regardless of financial status. Legal citations derive from State Taxation Administration and Guizhou Market Supervision Administration pages (both on gov.cn), as the National People’s Congress website remains inaccessible; verification of the Eighth Criminal Law Amendment relied on manual curl checks.