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Although the debtor is in a foreign country and how to get the debt back reasonably and legally, although the country where the debtor is located is different, the effective collection steps in practice are roughly divided into the following stages:
Stage 1: Confirmation of the authenticity of the debt
The authenticity of the debt is to ensure the legitimacy of all future processes, which must be confirmed by the judiciary of the country where the debtor is located, the effective judgment of the court with the creditor's rights is required in China, and the certification of the embassy of the country where it is located needs to be obtained abroad, and three documents are indispensable: 1. Notarization of the translation of the effective judgment of the Chinese court, 2. Authentication of the notarial document by the Chinese embassy;3. The certification of the embassy of the host country to the Chinese embassy is a bit troublesome, and the real operation can be done in one month
Phase 2: Identify the contact city to contact with.
After obtaining the above three documents, the next step is to determine the city where the debtor is located, and after comprehensive sorting, you can contact the debtor, and the collection expert can try to contact the debtor, you can call, email, mail a letter or visit the debtor's residence or place of work. If the collection specialist successfully establishes contact with the debtor, it will enter into substantive debt collection;
Stage 3: Debt evasion tracking.
If the debtor's address cannot be determined, debt evasion tracing is required, and when the collection specialist has inaccurate or invalid contact information that makes it impossible to establish contact with the debtor, the debt evasion tracing stage will begin. The techniques used in debt evasion usually include searching public or exclusive databases, conducting credit checks, communicating with the debtor's present and past persons, and other techniques used depending on the debtor's likely location, or requesting assistance from the appropriate authorities in the host country with certified documents from the embassy of the host country;
Stage 4: Debt Settlement:
Find the debtor, discuss how to repay the loan, set up a repayment plan, etc., and if it goes well, it can be effective within a week;
The end result is to pay back the debts owed to the creditors, and the result is the most important.
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Summary. Hello dear and happy to answer for you. 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. In accordance with the provisions of 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. The most effective is to apply for labor arbitration directly to the local labor administrative department (no fees, no lawyer), and claim compensation from the unit through the award issued by labor arbitration, and if it is not compensated, it can be applied 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.
How can I get back the wages owed to migrant workers?
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Hello dear and happy to answer for you. 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" in accordance with the law, and order it to pay the arrears of wages. 2. In accordance with the provisions of Article 30 of the Labor Contract Law, 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.
3. The most effective is to apply for labor arbitration directly to the local labor administrative department (no fees, no lawyer), and claim compensation from the unit through the award issued by labor arbitration, and if it is not compensated, it can be applied 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.
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Summary. When migrant workers encounter wage arrears, they can first negotiate and mediate with the boss, and it is best to ask the boss to write an IOU; If the negotiation fails, the applicant may file a complaint with the labor administrative department or apply for labor arbitration; If none of the above methods can be solved, a civil lawsuit can be filed with the court. It should be noted that employees should collect and keep evidence such as salary IOUs and employment certificates in a timely manner to support and protect their legitimate rights and interests.
In any of the following circumstances, the labor administrative department shall order the employer 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 labor contract or the provisions of the state; (2) Paying wages to workers lower than 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.
When migrant workers encounter wage arrears, they can first negotiate and mediate with the boss, and it is best to ask the boss to write an IOU; If the negotiation fails, the applicant may file a complaint with the labor administrative department or apply for labor arbitration; If none of the above methods can be solved, a civil lawsuit can be filed with the court. It should be noted that employees should collect and keep evidence such as salary IOUs and employment certificates in a timely manner to support and protect their legitimate rights and interests. In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If Lao Yuxiang's air 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 lower than 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.
Article 85 If an employer falls under any of the following circumstances, the Ministry of Labor Administration 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 labor contract or the provisions of the state; (2) Paying wages to laborers who are lower than 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.
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Migrant workers who are in arrears of wages can call 12333 to complain, or they can complain to the local (construction site) labor department, apply for labor arbitration, and file a civil lawsuit with the court if they have objections to the arbitration result.
Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes
Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:
5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;
Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
Article 7 Where there are more than 10 workers in a labor dispute and there is a common request, a representative may be nominated to participate in mediation, arbitration or litigation activities.
Article 28 The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents.
The statement of claim for arbitration shall contain the following particulars:
1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;
2) the claim for arbitration and the facts and reasons on which it is based;
3) Evidence and evidence**, names and addresses of witnesses.
If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party.
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Depending on the specific situation, you can report to the labor and social security administrative department, or you can apply for labor arbitration, and if you have already settled the settlement and there is a wage IOU, you can also directly file a lawsuit with the people's court. Of course, some places also have wage settlement centers for migrant workers in the construction industry, which is also reflected in the first place.
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You can go directly to the arbitration committee of the local labor department and sue them, demanding that: 1) all wages due to them be paid, 2) double severance due to the company's fraudulent behavior and suspected illegal termination of the employment relationship, and 3) additional compensation for the arrears of wages according to the labor law. The labor department will solve it.
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1. Find the relevant local labor department!
2. Go to the local court to file a civil lawsuit!
3. Find a local **** and put pressure on him!
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It would be better to go through the normal judicial procedures to ask for it.
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**How to ask for arrears of wages for migrant workers.
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You can go to the labor bureau to complain about whether you have a contract.
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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.
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. >>>More
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.
If the wages of migrant workers are in arrears, it will definitely be useful for migrant workers to call **12345 to complain, but whether it is effective depends on the evidence and jurisdiction submitted by the specific complaint facts. >>>More
I didn't sign a contract, I didn't have an IOU, what if the boss didn't give money.
Migrant workers cannot be in arrears.
You can go to the local labor and social security department, they will take care of this matter, if you don't leave it alone, it will be dereliction of duty. Alternatively, you can ask your local mayor for help. >>>More