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1. In the case of arrears of wages by the employer, the employee shall first negotiate with the employer, and if the negotiation cannot be resolved, the employer can solve the problem through the following legal means:
2) To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application should be submitted to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute;
3) Resolve through litigation. This is divided into three situations: first, for labor dispute cases, if any party is dissatisfied after labor arbitration, it can file a lawsuit with the court; Second, if the employer does not enforce the labor arbitration award after the labor arbitration award takes effect, the employee may apply to the court for compulsory enforcement; Third, those who belong to the category of labor arrears can directly file a civil lawsuit with the court.
2. Legal basis:
1) Labor Dispute Mediation and Arbitration Law Article 9 [Labor Inspection] If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with the law.
2) Article 17 of the Regulations on the Supervision of Labor and Social Security: The investigation of violations of labor security laws, regulations or rules by the labor and social security administrative department shall be completed within 60 working days from the date of filing the case; If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.
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Go to the construction committee to report him, and go to the Internet**, it will be dealt with soon.
Now the wages of migrant workers are a sensitive topic, and they generally dare not be in arrears.
The contractor (general contractor) has a wage deposit for migrant workers in the construction committee.
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The solution to the arrears of wages on the construction site is as follows:
1.The easiest way to do this is to file a complaint with the local Labor Law Enforcement Inspection Brigade. They will supervise and inspect the employer in accordance with the Regulations on Labor and Social Security Supervision and order it to pay the arrears of wages.
2.According to Article 30 of the Labor Contract Law, if an employer is in arrears or fails to pay 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.The most effective way is to apply directly to the local labor administrative department for labor arbitration (no fees, no lawyers), and claim compensation from the employer through the award issued by the labor arbitration. If the compensation is not paid, 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 also be filed with the court within 15 days and directly enforced through the court judgment.
5.At the same time, according to Article 85 of the Labor Contract Law, you can request the employer to pay you additional compensation according to the standard of between 50% and 100% of the amount payable.
Article 30 of the Labor Contract Law [Labor Remuneration] The employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the labor contract and state 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.
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If our migrant worker brothers are owed wages by the black-hearted boss, our migrant worker brothers can use the following methods to ask for wages and defend their rights!!
1) The two parties negotiate and settle the matter on their own. The parties negotiate and reach an agreement on a voluntary basis.
2) Mediation process. If the two parties are unwilling to negotiate on their own or fail to reach an agreement, both parties may voluntarily apply for mediation by the enterprise mediation committee and consciously perform the agreement reached through mediation. If the mediation fails, the applicant may apply for arbitration. The parties may also apply directly for arbitration.
3) Complaints. When a worker's rights and interests are infringed upon by an employer or an illegal employment intermediary, he or she may file a complaint with the labor security supervision agency.
According to the Labor Law, the Regulations on the Supervision of Labor Security, etc., any organization or individual has the right to report to the administrative department of labor security any violation of laws, regulations or rules on labor security.
For collective complaints caused by the same cause, the complainant may recommend a representative to file a complaint. The complainant shall submit the complaint document to the labor and social security administrative department. If it is truly difficult to write a complaint document, the complaint may be made orally, and the labor and social security supervision organ shall make a record and the complainant shall sign it.
4) Administrative reconsideration. If a worker is dissatisfied with a specific administrative act taken by the labor and social security administrative department, he or she may apply for administrative reconsideration.
According to the provisions of the Administrative Reconsideration Law and the Administrative Litigation Law, citizens, legal persons or other organizations may apply for administrative reconsideration or initiate an administrative lawsuit if they believe that a specific administrative act taken by an administrative department or an institution with administrative functions has infringed upon their legitimate rights and interests.
5) Arbitration Proceedings. One or both parties may apply to the Arbitration Commission for arbitration. The arbitral tribunal shall first mediate, and if the mediation fails, make an award.
If one party fails to perform the effective arbitration mediation agreement or award, the other party may apply to the people's court for compulsory enforcement. This procedure is a pre-procedure for the people's court to handle labor disputes, that is, the people's court does not directly accept labor dispute cases that have not gone through the arbitration procedure.
6) Court trial procedures. If a party is dissatisfied with the arbitral award, it may file a lawsuit with the people's court as a defendant within 15 days from the date of receipt of the arbitral award. The people's courts shall conduct trials in accordance with civil litigation procedures, and implement a two-instance final adjudication system.
The court trial procedure is the final procedure for the settlement of labor disputes.
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1. What to do if the boss has been in arrearsThe employer owes the wages to the employee, and the worker can request payment of wages in three ways: 1. The worker can complain to the local human resources and social security bureau for labor inspection; 2. You can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request payment of wages. If you do not have an employment contract, you can demand double the wages of the unsigned employment contract.
If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments. 3. If there is an IOU, you can directly sue the court to demand the payment of the salary amount in the IOU. Ways to defend the rights of unpaid wages:
1. The easiest way is to file a complaint with the local labor law enforcement inspection brigade, which will supervise and inspect the employer in accordance with the labor security supervision regulations and order it to pay the arrears of wages. 2. In accordance with the provisions of Article 30 of the Labor Contract Law, the local people's court may also 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. 2. What to do about wage arrears (1) Be calm and reasonable.
The Labor Law of the People's Republic of China stipulates that workers have the right to receive remuneration for their labor, the right to submit labor disputes for settlement, and other labor rights prescribed by law. (2) Learn to use the law to defend rights. If wages are in arrears, they can report to the local labor law enforcement department, and the law enforcement inspectors of the labor department will help coordinate and solve the problem; You can also go to the labor dispute arbitration institutions in various places to apply for arbitration, and if you are not satisfied with the arbitration, you can also go to the people's court to sue and enforce it; If you can't afford to pay for a lawsuit, you can also apply for a waiver of legal fees.
In short, with the help of ** and the law, you should get the remuneration you deserve. (3) The labor and social security departments have asked all localities to attach importance to the protection of the legitimate rights and interests of migrant workers. Make enterprises maliciously defaulting on and deducting migrant workers' wages the focus of labor security supervision and law enforcement, strictly investigate and deal with illegal acts of deducting migrant workers' wages in accordance with the law, and order employers to make up for the arrears of wages, so as to protect the legitimate rights and interests of migrant workers.
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You can report to the labor inspection brigade, or you can apply for labor arbitration, and the information you need to prepare: 1Collect evidence of employment relationship with the unit, 2
Attendance, how long you have been done, convenient for calculating wages, 3Salary standard, or the salary of the same position in the unit. Hope it helps!
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Legal Analysis: to Labor Inspection Complaints. If the employer is in arrears or withholds wages, including the situation that wages are withheld and not paid after resignation, the employer may go to the labor inspection of the place where the employer is located to fill in a complaint form.
Legal basis: 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, and the wages of the workers shall not be deducted or delayed without reason. "Regulations of the People's Republic of China on the Supervision of Labor Security" Article 17 The investigation of violations of labor security laws, regulations or rules by the administrative department for labor security shall be completed within 60 working days from the date on which the case is filed.
If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.
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Go to the local labor arbitration office and spend dozens of dollars to file a lawsuit. The success rate is very high.
It was established for the purpose of labor disputes.
Labor arbitration is final in the first instance and quickly compared to the courts.
If it's good, hopefully.
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Go to the local labor arbitration office and spend dozens of dollars to file a lawsuit. It was established for the purpose of labor disputes.
Labor arbitration is final in the first instance and quickly compared to the courts.
If it's good, hopefully.
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If the construction site boss owes the wages of the workers, you can communicate with the boss to solve it first, and if it fails, you can pick up the law and go to the relevant departments to sue the boss to fight for the greatest interests for yourself.
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In this case, we can file a labor arbitration with the relevant departments, or go to the court to file a lawsuit, and the state has expressly not allowed wage arrears, and it is very easy to defend our rights.
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What should I do if the construction site boss is in arrears and does not pay my wages? If the boss owes you wages, you can take your formalities to labor arbitration and recover your wages through labor arbitration.
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You can sue the court, and as long as you finish doing this kind of thing, he will have to pay his salary. If he goes to court, he will lose the case outright.
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You must not be labeled as a "malicious salary" demand, that is legally responsible, please be calm. Can you file a petition with your local labor arbitration board and see if they can resolve it for you? It's really not okay, file a lawsuit!
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If the construction site boss fails to pay the wages in arrears, the worker can go to the local labor bureau to sue the boss, and the labor bureau will come forward to recover the employee's wages.
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In this case, you can apply to the local labor arbitration department for arbitration, and after applying for arbitration, there is a high probability that the salary will be given to you.
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Unpaid wages can be settled through an application from the labor department.
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What should I do if the construction site boss is in arrears and does not pay my wages? Ah, now that the state is investigating so strictly, this construction site boss is committing a crime against the wind, I suggest you report him and let the ** department treat him.
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Now there are indeed many construction sites, and most of the bosses are in arrears of wages, most of them have been working for more than half a year and have not paid wages for a long time, so they must complain to the labor department.
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It is possible to safeguard one's own interests through the rule of law.
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If the boss of the construction site is in arrears and does not pay the wages, then you should go to the labor bureau.
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More than three months to the labor arbitration lawsuit.
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The easiest way is to file a complaint with the local labor law enforcement inspection brigade, who will supervise and inspect the employer in accordance with the "Labor Security Supervision Regulations" and order it to pay the arrears of wages. The most effective is to apply directly to the local labor administrative department for labor arbitration (no fees, no lawyers), and through the award issued by the labor arbitration, claim compensation from the unit, and if the compensation is not paid, you can apply to the court for enforcement.
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1. In the event of a dispute over unpaid wages, the employee shall first request the employer for payment and take the initiative to communicate and negotiate with the employer. After the parties reach an agreement, the employee can enter into a settlement agreement with the employer, but it should be noted that the agreement is not enforceable.
2. After the occurrence of a labor dispute, the worker may submit a request to the labor dispute mediation committee to preside over the mediation. The labor dispute mediation committee is generally composed of employee representatives, employer representatives and trade union representatives, and can assist both parties in resolving conflicts in a relatively neutral manner.
3. If it is impossible to negotiate with the employer or the negotiation is still invalid, the employee may, within one year from the date of termination of the labor relationship, file an arbitration with the labor dispute arbitration commission at the place where the employer is located or where the labor contract is performed.
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It is advisable to file a complaint with the labour inspectorate about such violations. If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears in medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle the matter in accordance with law.
Legal basis: Article 17 of the Regulations on the Supervision of Labor and Social Security: The investigation of violations of labor security laws, regulations or rules by the administrative department of labor security shall be completed within 60 working days from the date of filing the case. If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.
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On a construction site, if the boss is in arrears of wages, he can go to the arbitration department of the local social security bureau.
At present, many cities have opened green channels for migrant workers to protect their rights.
You can give it a try.
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What should I do if the boss on the construction site is in arrears and does not pay my wages? I don't think it's polite to such a boss. As long as you report him to the labor department, he will give you the salary immediately, don't be afraid, because the labor department is very strict with the boss here, so I think the boss on the construction site should pay him if he is in arrears.
It's okay to send a department to report or sue him against him. This will allow you to recover your wages.