What to do if migrant workers are in arrears

According to the law, a complaint can be filed with the Labor Inspection Brigade, an application to the Arbitration Commission for arbitration, and a lawsuit filed in court. If you do not repay the money after receiving the verdict, you can report the case to the public security and pursue criminal responsibility.

From May 1, 2020, the Regulations on Guaranteeing the Payment of Wages to Migrant Workers came into force. If the migrant worker is owed wages and the employer is unable to pay it for a while, or the employer in arrears of wages has escaped, the county level or above may use the emergency working capital to advance part of the arrears of migrant workers' wages or basic living expenses, and then recover from the employer.

If the employer deducts or defaults on the employee's wages, the worker may file a complaint with the Labor and Social Security Supervision Brigade against the employer.

When going to the labor inspection brigade to complain, bring the following information: the identity card, the full name of the employer, the name and contact information of the person in charge, and relevant evidence that can prove that the employee works in the employer, and the labor and social security inspection brigade will issue a correction within a time limit. If the enforcement is not within the time limit, apply to the court for compulsory enforcement. At the same time, if you fail to make corrections within the time limit, the employee can claim that the employer should pay you 50%-100% of the amount of wages in arrears.

Article 50 of the Labor Law stipulates that wages shall be paid to the workers themselves in the form of money on a monthly basis, and the wages of the workers shall not be deducted or delayed without reason.

Article 30 of the Labor Contract Law The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner.

Article 9 of the Interim Provisions on Payment of Wages When both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

Article 85 of the Labor Contract Law 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 labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2) Paying wages to workers at a rate lower than the local minimum wage standard;

3) arranging 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.

What to do if migrant workers' wages are in arrears. The easiest way is to file a complaint with the local labor law enforcement inspection brigade. The worker 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.

If you still have no compensation, you can apply to the court for compulsory enforcement.

Legal Analysis: Application for Labor Arbitration; Report it to your local authority or file a lawsuit in your local court. If migrant workers are in arrears of wages, they can report to the local labor law enforcement department, and the law enforcement inspectors of the labor department will help coordinate and resolve the problem; You can also go to the local labor dispute agency to apply for arbitration, and if you are not satisfied with the arbitration, you can also go to the people's court to file a lawsuit.

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China: The employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract and national regulations.

If the employer is in arrears or fails to pay the labor remuneration in full, the worker 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.

If migrant workers are in arrears of wages, they can file a complaint with the labor inspection brigade and request the unit to pay their wages; or may also apply to an arbitration institution for labor arbitration;

If the contractor has made an IOU and there are no other labor disputes, he can directly file a lawsuit with the court with the IOU, and the court will handle it as an ordinary civil dispute.

Legal basis] Article 91 of the Labor Law stipulates that if an employer infringes upon the legitimate rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the employee's wages and remuneration and economic compensation, and may also order the payment of compensation:

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

2) Refusal to pay wages and remuneration for extended working hours;

3) Paying wages to workers lower than the local minimum wage standard;

4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

1.I have been engaged in human resources work for many years, and I have also communicated with enterprise leaders, and some enterprises will pay migrant workers' salaries in a timely manner and purchase social insurance for migrant workers in line with the business philosophy of "people-oriented"; In the eyes of some enterprises, they think that migrant workers lack legal awareness, do not know much about some legal contracts, and are more likely to be fooled. Even the signing of yin-yang contracts has added a lot of difficulty to the arbitration in the later stage, so that many of them have a large number of wage arrears, and even squeezed the labor force of migrant workers, resulting in more than 12 hours of working hours a day.

How many migrant workers have purchased social insurance.

2.Recently, many enterprises are facing a large number of layoffs, business operations are struggling, many enterprises are facing this triangular debt situation, it is difficult to collect money, and it is difficult to pay some wages, there will be a large number of migrant workers in arrears, and even enterprises can not pay wages when they go bankrupt.

3.Migrant workers find a relatively narrow information channel, they are also facing the stage of the old and the young, they are relative to some jobs, as long as the wages are okay, the wages are in arrears but not not paid, so they will continue to do it here, to many employers to cause some you leave me can not live a mental debate wheel, so for the salary payment of employees can be delayed.

4.The wages of migrant workers are always due to farming, and the problems left over from history cannot be completely solved, and at the same time, new problems are constantly emerging.

Always try all kinds of ways to calculate interest and default on the wages of migrant workers.

On the whole, migrant workers have a low level of education, a relatively weak sense of law, and relatively few ways to ask for wages, so it is difficult to have a relatively perfect method for asking for wages.

Migrant workers are sometimes afraid that it will be more difficult to get the money they deserve after the conflict intensifies, so they are generally more low-key and gentle when asking for wages.

Many migrant workers lack the corresponding contract when they work, so that there is no formalities to bring a letter to come up with after the work.

I asked the company for it, but the company didn't go to the labor bureau, so I really couldn't find a lawyer and go to the court to sue.

In this case, it is recommended to collect relevant evidence materials, such as labor contracts and arrears of wages, such as quarrels, and other evidence materials, and complain to the local labor inspection department to reflect and resolve.