[Direct answer]In the Beijing area, after the company stops paying salaries, the law does not stipulate a fixed "number of days" to constitute a forced termination. According to Article 38 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012), if the employer fails to pay the worker's wages in full and on time, the worker may terminate the labor contract and claim economic compensation in accordance with Article 46 of the law. In practice, once the company stops paying salaries and still fails to pay after being reminded, you can issue a written "Notice of Forced Termination of Labor Relationship", and the labor contract will be terminated from the date the notice reaches the employer, without the need to wait for a specific number of days. The key is to preserve the evidence of unpaid wages and the delivery receipt of the termination notice, to avoid being recognized as an automatic resignation. It is recommended to calculate the amount of unpaid wages and compensation as soon as possible and consult a professional lawyer if necessary. For more details, please refer to the following link:Labor arbitration and work-related injury compensation services.

I. Problem background and typical scenarios

When many workers encounter financial difficulties and operational challenges in their companies, they may suddenly find that their salaries have been suspended. Common situations include: the company failing to pay salaries for two or three consecutive months but verbally promising to make up for the arrears; only paying basic salaries or even suspending payments altogether on the grounds of "poor performance"; or the new company refusing to assume the obligation to pay the original salaries after replacing the employing entity. At this point, employees often hesitate: should they continue to work and wait for the payment, or leave directly? They worry that they won't get compensation if they voluntarily resign. For those facing unpaid wages and the possibility of subsequent enforcement actions, they can take the following measures:Creditor-debtor relations and enforcement case servicesCoordinate and protect rights and interests.

II. Key points of contention

The focus of the dispute lies in three aspects. Firstly, whether the suspension of payment constitutes "failure to pay labor remuneration in full and on time", which is the prerequisite for forced termination and claiming compensation. This requires evidence of the wage standard and the fact of unpaid wages. Secondly, how to formalize the intention of termination. Oral proposals are easily denied, so a written "Notice of Forced Termination" is needed to clarify the reasons for termination and deliver it to the employee. Thirdly, the calculation basis and period of compensation shall be based on the average wage of the last twelve months before termination. When handling similar cases in Beijing, the bank transaction records and social insurance payment records of the unpaid wages are reviewed more strictly. Employees should fix the evidence as soon as possible. For cases involving intertwined family assets, reference can be made to relevant provisions.Special services and other case services.

III. Professional analysis by Hengluo Law Firm

Based on the practical experience of handling labor compensation disputes in our firm, the most common problem in cases involving suspension of salary payments is the "evidence and reasons for termination". According to Article 38 of the Labor Contract Law, employees who terminate the contract on the grounds of unpaid wages must explicitly inform the employer that the reason for termination is the failure to pay labor compensation in full and on time, rather than simply writing "personal reasons". Otherwise, they may lose the right to economic compensation. In practice, some employees leave their posts directly after not receiving their salaries without leaving any written notice, making it difficult to prove that the termination was forced during arbitration; there are also employees who mix multiple reasons in the termination notice, leading to unclear core disputes. Henglu Lawyers usually suggest the following: First, send a written notice to demand repayment and keep the receipt, then issue a "Forced Termination Notice" stating the reasons for unpaid wages. At the same time, organize the payroll records, attendance records, and chat records to close the evidence chain of "unpaid wages - notice - termination", so as to increase the probability of obtaining economic compensation. For cases involving cross-employer employment, it can be combined with other legal provisions to strengthen the legal basis of the claim for economic compensation.Business and contract dispute services for enterprisesClarify responsibilities.

IV. Practical suggestions and legal basis

The core basis is Article 38 (circumstances under which the employee may unilaterally terminate the labor contract), Article 46 (circumstances entitling the employee to economic compensation), and Article 47 (standards for calculating compensation) of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012), as well as the requirements for regular payment of wages stipulated in the Interim Regulations on Wage Payment. Practical suggestions include: sending a written notice of default and retaining the delivery evidence after the suspension of payment; issuing a "forced termination notice" on the grounds of unpaid wages; organizing labor contracts, wage records, attendance records, and social insurance records; paying attention to the calculation of compensation based on the average monthly wage over a 12-month period and the cap of three times the high-income threshold; and applying for arbitration promptly if no agreement is reached, ensuring that the arbitration time limit of one year is not exceeded. For cases involving inheritance and family property, reference can be made to relevant provisions.Inheritance succession and family property division services.

5. Henglu Law Firm's Reminder

The suspension of wages does not mean that workers must endure it. The law grants workers the right to terminate the employment contract and claim compensation on the grounds of unpaid wages, but this does not mean that "the longer the delay, the more advantageous it is". The earlier you fix the evidence of unpaid wages and the notice of termination, the more likely you are to avoid being deemed to have resigned voluntarily or exceeding the statute of limitations. It is recommended to use the "personal reasons" as a reason for resignation with caution. The notice of termination must clearly state the reason for unpaid wages and keep the proof of delivery. As for whether it is necessary to continue to perform the contract or claim compensation, you can consult a lawyer based on the specific circumstances of the case. If you need a systematic evaluation, you can seek help from a professional organization or a lawyer.Real estate sales and construction project servicesoutside of the labor professional team.

VI. Frequently Asked Questions

Q1: The company has stopped paying salaries. If I resign voluntarily, can I get economic compensation?

Whether you can receive compensation depends on the reason you resigned. If you resign for "personal reasons", you generally cannot claim economic compensation. Only if you send a written "forced termination notice" in accordance with Article 38 of the Labor Contract Law and deliver it to the employer on the grounds that the employer has not paid the labor remuneration in full and on time, can you claim economic compensation in accordance with Article 46. Therefore, the termination notice must specify the reason for the unpaid wages. Do not write it in a general way as "personal reasons", otherwise you may be regarded as having resigned automatically and lose the right to compensation.

Q2: If I claim that I was forced to resign, what evidence do I need to prepare?

The core evidence includes: labor contracts or proof of labor relations; bank statements and pay slips to verify the suspension of payment and the amount of arrears; records of attendance, work schedules, and job descriptions to prove that the employee is still providing labor; written records of urging the employer to pay back the wages; a "Notice of Forced Termination" stating the reasons for the wage arrears and delivery receipts (express delivery manifests, sign-in records, and email receipts); and records of social insurance and personal income tax payments. The evidence should form a complete chain of "wage arrears - urging - termination notice", the more complete the chain is, the more advantageous it will be.

Q3: If I am forced to resign and claim compensation, approximately how much will it cost?

Labor arbitration itself does not charge case acceptance fees; if you hire a lawyer, the fees will be determined through negotiation between the law firm and the client. The fees are typically calculated on a per-case basis or as a percentage of the claim amount, subject to the specific provisions of the retainer contract, with no nationwide standard pricing. It should be noted that the scope of risk-based legal representation is limited in labor dispute cases, so it is recommended to first understand the fee details. Compared to wage arrears and compensation amounts, it is more important to protect your rights as soon as possible to avoid the failure of enforcement.

Q4: How long does it usually take from the suspension of salary payments to receiving compensation?

Labor arbitration cases are generally concluded within 45 days from the date of acceptance, and the time limit may be extended by no more than 15 days if the case is complex. For those who file a lawsuit against the arbitration award, the first-instance ordinary procedure shall be completed within six months and the summary procedure within three months. If the company refuses to perform the obligation, it is necessary to apply for compulsory enforcement, and the time limit for enforcement shall be calculated separately. Overall, it often takes several months from applying for arbitration to actually receiving the payment. It is recommended to fix the evidence and initiate the procedure as soon as possible after being owed, so as to avoid delays leading to difficulties in enforcement.

Q5: The company has been failing to pay salaries. What should I do first in this situation?

It is recommended to proceed in four steps: First, sort out the payroll records, attendance records, and evidence of labor relations to confirm the amount and period of unpaid wages; Second, urge the company to pay back the wages in writing and keep the delivery receipt; Third, draft a "Notice of Forced Termination" on the grounds of unpaid wages, stating the reason for the termination and deliver it to the employer; Fourth, if no agreement is reached, apply for labor arbitration within one year to claim unpaid wages and economic compensation. Throughout the process, keep all communication records and, if necessary, hire a lawyer to assist with the calculation and representation.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication guidelines in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit.Labor arbitration legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.