In 2003, the wages of migrant workers were not paid, can they get it back now?

1. The easiest way is to file a complaint with the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the "Labor Security Supervision Regulations" and order it to pay the arrears of wages.

2. According to Article 30 of the Labor Contract Law, if the employer is in arrears or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

3. Apply for labor arbitration directly to the local labor administrative department (no fee, no lawyer), and claim compensation from the unit through the award issued by the labor arbitration, and if you still do not pay compensation, you can apply to the court for enforcement.

4. If the labor arbitration is not accepted or the arbitration is unfair, a civil lawsuit can be filed with the court within 15 days and directly executed through the court judgment.

5. While claiming wages in the above ways, you can also request the employer to pay you additional compensation according to the standard of 50% to 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law.

No, the statute of limitations has long passed.

1. Statute of limitations, that is, once the dispute between the two parties clearly occurs, the employee must submit an arbitration application to the labor arbitration department within a certain period of time, if this time limit is exceeded, the employee submits an arbitration application, the law considers that the statute of limitations has expired, and the employee loses the right to win the lawsuit.

2. Statute of limitations for physical recourse. According to the relevant regulations of the Shanghai High Court, since the Interim Provisions on Wage Payment of the Ministry of Labor stipulate that an employer shall keep employee wage records for at least two years, if an employee applies for labor arbitration within one year from the date of the dispute over labor remuneration, the statute of limitations for substantive recourse to labor remuneration is limited to two years.

If migrant workers cannot get their wages, they can report to the labor inspection department and ask for their wages back, and they have the obligation to collect evidence of wage claims for migrant workers in accordance with the law and help them defend their rights. Of course, in order to speed up the negotiation of wages and facilitate the enforcement of the law by the labor inspection department, migrant workers should pay more attention when working and try to collect evidence that can prove that you are indeed working on the construction site.

1. What should I do if I can't get my wages for migrant workers?

If migrant workers cannot get their wages, they can report to the labor inspection department and ask for their wages back, and they have the obligation to collect evidence of wage claims for migrant workers in accordance with the law and help them defend their rights. Of course, in order to speed up the negotiation of wages and facilitate the enforcement of the law by the labor inspection department, migrant workers should pay more attention when working and try to collect evidence that can prove that you are indeed working on the construction site.

For example, when you are working, the employer will issue you with a work permit, a pass and other identity documents, and when you pay wages, the contractor will have a work schedule, a settlement table, a budget table, a salary table, etc., these evidence generally have the official seal of the employer or the signature of the relevant person in charge.

II. Judicial Interpretations

Labor law is a general term for the legal norms that regulate labor relations and other social relations that are closely related to labor relations. The manifestations of labor laws vary from country to country, but most of them include the following basic contents: labor and employment law, labor contract law, working hours and rest time system, labor remuneration, labor safety and health procedures, special protection system for women workers and juvenile workers, labor discipline and reward and punishment system, social insurance and labor insurance system, employee training system, trade union and employee participation in democratic management system, labor dispute settlement procedures, and supervision and inspection system for the implementation of labor law.

According to the provisions of the Labor Contract Law, the employer shall sign a wheel and limb labor contract with the migrant worker within one month from the first day of entering the construction site to work. If the employer insists on not signing a labor contract for more than one month but less than one year, the migrant worker may file a complaint with the labor inspection department, and the employer must pay the migrant worker double the salary.

For the illegal act of refusing to sign a labor contract, migrant workers have to choose "illegal work" in order to support their families, and the labor inspection department will also protect their legitimate rights and interests in accordance with the law. According to the relevant laws and regulations, as long as the migrant worker has paid labor for the employer, in fact, the two parties have formed a de facto employment relationship.

The problem of migrant workers' difficulty in obtaining wages is relatively common in China, mainly because the bosses of some construction sites have violated the relevant provisions of the labor contract and refused to pay the wages and benefits of migrant workers. In judicial practice, migrant workers shall apply to a labor arbitration institution for labor arbitration, and the labor inspection department shall investigate and deal with it.

Summary. Hello dear! If migrant workers do not receive their wages, they can file a complaint with the labor administrative department or apply to the arbitration commission for arbitration.

Hello dear! If migrant workers do not receive their wages, they can file a complaint with the labor administrative department or apply to the arbitration commission for arbitration.

Dear, the following is the legal basis I have compiled for you: Article 85 of the Labor Contract Law stipulates that if an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable: (1) Failing to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the empty labor contract or the provisions of the state; Wang Jinsheng (2) paying wages to workers below the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

Sleepy and old. Hello dear! Have you negotiated with your employer?

I told him, and he said that he would wait until the 28th day of the lunar month.

Dear, how did the employer reply?

What should I do if he doesn't give me money until the twenty-eighth day of the lunar month, and then it will be a holiday.

Dear, you can apply to the Labor Bureau for labor arbitration.

Dear, do you have any evidence of relevant chats?

Dear, if it's convenient to provide it to me to see?

Workers can look for proof of the existence of an employment relationship with the employer, such as: work permit or work card (preferably stamped with the official seal), salary card transaction records, wage slips, tooling with the name of the company, individual income tax payment certificate printed and stamped by the local taxation bureau, temporary residence permit handled by the employer for the employee, attendance records, social insurance payment records, work orders, colleague testimonies (preferably on the job), audio and video recordings, or other written materials with the employee's name and official seal or the boss's signature, etc. As long as the employment relationship between the two parties is proved, the employee can apply for labor arbitration and demand the employer to pay the arrears of wages.

How to Apply for Labor Arbitration:

1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).

2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court;

3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.

Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Article 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages for extended working hours;

3) Paying wages to workers at a rate lower than the local minimum wage.

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

Migrant workers not being able to get their wages is a big deal, and today the labor department has put the issue of peasants' wages in the first place in its work, and I suggest that you immediately go to the local labor department to complain to the unit.

Your question is:

At the end of the year, what should I do if migrant workers can't get their wages?

First of all, the state has repeatedly ordered enterprises to delay the payment of wages to their employees, so in this case, workers can unite and report the situation to the local labor supervision and management department, and they will come forward to solve the problem.

If they can't solve the problem, then they can only go to the people's court.

Require the protection of their legitimate rights and interests.

Since wage arrears do not belong to the scope of ordinary civil litigation and are not subject to the limitation of the statute of limitations, they can continue to recover after collecting evidence and materials, and of course there is a possibility of recovery.

Clause. 1. Collect evidence that can prove the de facto employment relationship.

When encountering this kind of thing, you must take the opportunity to collect evidence related to yourself as soon as possible! For example, keep the following physical evidence that you can prove that you have worked here: 1).Work clothes, work cards, etc.

2).Time cards, salary cards, social security cards, etc. 3).Colleague certificates, work contacts, etc.

Clause. 2. Initiate labor arbitration with the Labor Arbitration Commission.

Labor disputes can first apply for labor arbitration, and if they are not satisfied with the arbitration, they can file a lawsuit with the people's court.

Generally, labor arbitration has a time limit, low cost, and relatively simple procedures, so if the disagreement is not particularly large and the content is particularly complicated, labor arbitration can be initiated first, and if you are not satisfied with the arbitration result, you can also file a lawsuit in court.

So, who should you go to for labor arbitration? Generally looking for: the labor arbitration commission where the unit is located!

The labor arbitration committee asks you for evidence that can prove the de facto employment relationship, in this case, you only need to take out all the evidence you collected at the beginning (such as work clothes, work cards, etc.).