On the issue of arrears of wages for migrant workers, the issue of arrears of wages for migrant work

You can negotiate with the boss first and let the boss settle the salary as agreed. If the boss does not agree, he can apply to the labor arbitration commission for labor arbitration. When applying for labor arbitration, it is best to have evidence that your fellow villagers have worked for a construction boss.

For example, the agreement signed before work, work records, etc., can also be used as witnesses. The best way is to negotiate with the boss and talk to him, which is more convenient and fast. Remember not to take extreme methods, beating and intimidating people will not only not solve the problem, but also lead to greater trouble, you must be calm!

3) Clarify the main responsibilities of all parties involved in wage payment. Fully implement the responsibility of enterprises to pay wages to migrant workers, urge all types of enterprises to pay wages in full and monthly to migrant workers in strict accordance with the law, and strictly prohibit the payment of wages to organizations and individuals that do not have the qualifications to be the main body of employment. In the field of engineering construction, general construction contracting enterprises (including professional contracting enterprises that directly contract construction units to contract projects, the same below) are generally responsible for the payment of migrant workers' wages for the contracted projects, and subcontracting enterprises (including professional enterprises that contract construction general contracting enterprises, the same below) are directly responsible for the payment of the wages of the migrant workers recruited, and shall not deduct or default on the wages of migrant workers on the grounds that the project funds have not been paid, and shall not transfer the business risks such as project receivables to migrant workers.

4) Strictly regulate the management of labor and employment. Urge all types of enterprises to sign labor contracts with migrant workers recruited in accordance with the law and strictly perform them, establish a roster of employees and handle labor employment filings. In the field of engineering construction, we insist that construction enterprises sign labor contracts with migrant workers before entering the construction site, fully implement the real-name management system for migrant workers, establish a labor remuneration manual, record the identity information, labor attendance, wage settlement and other information of migrant workers working on the construction site, and gradually realize the information-based real-name management.

The general construction contractor shall strengthen the supervision and management of the labor employment and wage payment of the subcontractor, assign the labor management staff in the project department, establish the registration system for the entry and exit of construction personnel, and the management ledger of attendance measurement and wage payment, so as to grasp the employment and wage payment of the construction site in real time, and shall not be managed by the contractor. The general construction contractor and the subcontractor shall keep the written record of wage payment signed and confirmed by the migrant worker for more than two years for future reference.

5) Implement the system of paying wages on behalf of banks. Promote all kinds of enterprises to entrust banks to pay migrant workers' wages on their behalf. In the field of engineering construction, the implementation of the method of entrusting the wages of migrant workers of subcontracting enterprises to the general contractor of construction is encouraged to be paid directly.

The subcontractor is responsible for applying for a bank personal wage account for the recruited migrant workers and handling a real-name wage payment bank card, assessing the workload of migrant workers on a monthly basis and preparing a wage payment table, and after the migrant workers themselves sign and confirm, hand over to the construction general contracting enterprise to entrust the bank to directly transfer the wages to the migrant workers' personal wage accounts through the special account for migrant workers' wages (labor fees) established by the migrant workers.

refusal to pay a worker's labor remuneration for more than three months and the amount is between 5,000 and 20,000 RMB; Refusal to pay labor remuneration to 10 or more workers with a cumulative amount of 30,000 to 100,000 RMB. and where payment is still not made after being ordered to do so by the relevant departments, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine of ......

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.

If the employer dismisses the employee without cause, it shall pay compensation to the employee at the rate of two months' salary for each year of service.

Article 47 of the Labor Contract Law of the People's Republic of China Economic compensation shall be paid to the worker according to the standard of one month's salary for each full year of the employee's service in the employer. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

China's labor law stipulates that, under normal circumstances, migrant workers who are owed wages can negotiate directly with their employers, telling them that it is illegal to pay wages in arrears. You can file a complaint with the local labor administrative department and report the employer's wage arrears. You can also apply for labor arbitration at the local labor arbitration commission and seek legal advice.

In addition, if the employer owes serious wages, it can also report to the local public security organ that the employer has refused to pay wages and remuneration. When an employer recruits a worker, it shall truthfully inform the worker of the work content, working conditions, work location, occupational hazards, work safety status, labor remuneration, and other information that the worker requires to know; The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it. Article 8 of the Labor Law of the People's Republic of China stipulates that when an employer recruits a worker, it shall truthfully inform the worker of the work content, working conditions, work location, occupational hazards, safety production status, labor remuneration, and other information that the worker requires to know; The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it.

Hello dear, according to your description, the problem of arrears of wages for migrant workers; Answer; 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. In accordance with 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. 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.

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 the court judgment can be directly enforced. While claiming wages through the above means, you may also request the employer to pay you additional compensation according to the standard of between 50% and 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law. For your reference, I hope it can help you and wish you a happy life.

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, the employer shall be ordered to pay additional compensation to the employee at the rate of 50% to 100% of the amount payable

1) Failure 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.

Go to the Labor, Personnel and Social Security Bureau where the enterprise is located.

It is illegal to not be able to stop the construction, and you cannot use illegal means to protect your legitimate rights and interests.

You can file a complaint with the local labor inspection brigade, or file a labor arbitration or court lawsuit. As to whether it is arbitration or litigation, it depends on whether the contract signed is an employment contract or a contract contract.

Report to the labor inspection brigade where the employer is located.

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. Excavation workers may apply to the local people's court for a payment order in accordance with law, and the people's court shall issue a payment order in accordance with law.

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