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Go to the labor office and get your contract.
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Hello dear, glad to answer for you. First, you can find the law enforcement brigade of the Human Resources and Social Security Bureau, and the law enforcement supervision brigade of the Human Resources and Social Security Bureau is the administrative department responsible for the wage of migrant workers.
If the contractor is in arrears of wages, if the migrant worker is dealt with in the following way:
1. Famous agricultural workers should first collect evidence, chat records, and proof of work on the construction site, such as work cards, on-site **, etc.; It's all possible.
2. After the preliminary collection of evidence, you can go to the court to prosecute the issue;
The parties can directly file a lawsuit with the people's court to demand the payment of wages from the contractor.
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Legal analysisIf the contractor is in arrears of wages, he can file a complaint with the Labor Bureau Inspection Brigade and demand payment of the wages he deserves. If the complaint is useless, then the worker can apply for labor arbitration, and if it is useless, then the worker can also sue the people's court and sue the contractor for payment of wages and a certain amount of compensation.
Legal basisArticle 91 of the Labor Law of the People's Republic of China 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 payment of wages and remuneration and economic compensation to the worker, and may also order the payment of compensation: (1) deducting or defaulting on the wages of the worker 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) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.
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Summary. Hello dear, I'm honored to answer for you <>
How do I get my salary back for a contractor? If not, you can go to the local labor bureau to complain about the labor inspection, or you can apply to the labor committee for arbitration or early mediation.
How do I get my salary back for a contractor?
Hello dear, very honored Sun Zhongxing to answer for you <>
How do I get my salary back for a contractor? If not, you can go to the local labor bureau to complain, or you can apply for arbitration from the labor committee or mediation by the labor committee.
Valid ID card of the worker; 2.A copy of the employer's business registration information or business license; 3.Statement of Claim for Arbitration; 4.
The claimant shall submit a written application for arbitration to the labor arbitration commission at the place where the labor contract is performed or where the employer is located, and submit copies according to the number of respondents. 2.The arbitration commission shall make a decision on whether to accept or disapprove the arbitration application within five days from the date of receipt of the arbitration application.
3.The arbitral tribunal shall, five days before the date of **, notify the parties in writing of the date and place of **. If the applicant refuses to appear at the hearing without justifiable reasons or withdraws from the hearing without the consent of the arbitral tribunal, the claimant shall be dismissed from the hearing at its own discretion, and a default award may be made against the respondent.
4.The arbitral tribunal shall first mediate the labor dispute and promote the parties to reach an agreement voluntarily on the basis of ascertaining the facts. If an agreement is reached through mediation, the arbitral tribunal shall prepare a mediation statement based on the content of the agreement, which shall have legal effect from the date of service; If no agreement is reached through mediation, the arbitral tribunal shall make a ruling in a timely manner.
5.The arbitral tribunal's decision on a labor dispute case shall be concluded within 45 days from the date on which the labor arbitration commission accepts the application for arbitration. Where the case is complicated and an extension is required, an extension may be granted upon approval and the parties may be notified in writing, and the extension period shall not exceed 15 days.
Still have questions? Kiss, can you talk about it specifically? Or is there anything you'd like to talk about? <>
What is the ** of the Labor Inspectorate.
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1. First of all, it is necessary to determine whether the loan is a personal loan from the contractor or a loan from the construction company, if it is a personal loan, then it has nothing to do with the company. If the contractor borrows money on behalf of the construction company, the construction company bears full responsibility. 2. After the above problems are clearly solved, the problem of whether it is necessary to take preservation measures and withhold the construction company's project money can be solved.
3. In addition, you need to check whether the construction company has defaulted on the project payment of the contractor, and if there is any arrears, it can be temporarily withheld and resolved through litigation.
Article 85 of the Labor Contract Law.
In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation for the failure to sell the sedan chair 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; Regression.
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.
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Summary. Dear, hello, legal analysis: the unit owes the money to the contractor, and the processing method of the contractor's wages owed to the worker can pass 1
Lodge a complaint with the Labour Inspectorate. If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, the worker may file a complaint with the labor administrative department, which shall handle the matter in accordance with law. 2.
Labor arbitration. 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, or if they are unwilling to mediate, fail to mediate, or fail to perform after reaching a mediation agreement, they may apply to the labor dispute arbitration commission for arbitration; If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
The money owed by the unit to the contractor, and how to deal with the wages owed by the contractor.
Dear, hello, legal analysis: the unit owes the money to the contractor, and the processing method of the contractor's wages owed to the worker can pass 1Lodge a complaint with the Labour Inspectorate.
If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, the worker may file a complaint with the labor administrative department and the labor administrative department shall handle the matter in accordance with law. 2.Labor arbitration.
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, or are unwilling to mediate, fail to mediate, or fail to perform after reaching a mediation agreement, they may apply to the labor dispute arbitration commission for arbitration; If the applicant is not satisfied with the arbitral award, he or she may file a lawsuit with the people's court.
Legal analysis: It is also possible to contract the foreman to pay the surplus salary of the workers before the bright in advance, and then take the wage flow records to the unit to repay, if the unit does not repay the loan, you can sue the unit.
Legal basis] Article 9 of the Labor Dispute Mediation and Arbitration Law stipulates that if an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or defaulting on 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. Article 5 of the Labor Dispute Mediation and Arbitration Law provides that 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; Except as otherwise provided in this Law, a person who is dissatisfied with the arbitral award may file a lawsuit in the people's court.
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Summary. According to article 3 of the "Supreme People's Court Interpretation on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Refusal to Pay Labor Compensation", in any of the following circumstances, it shall be found to be a "relatively large amount" as provided for in paragraph 1 of Criminal Law article 276-1:(1) Refusal to pay a worker's labor remuneration for more than three months, and the amount is between 5,000 and 20,000 RMB; (2) Refusal to pay labor remuneration to 10 or more workers in an aggregate amount of 30,000 to 100,000 RMB.
The High People's Courts of all provinces, autonomous regions, and directly governed municipalities may, on the basis of the economic and social development situation of that region, research and determine the specific amount standards for enforcement in that region within the range of amounts provided for in the preceding paragraph, and report to the Supreme People's Court for filing.
The money owed by the unit to the contractor, and how to deal with the wages owed by the contractor.
Hello, the unit owes the money to the contractor, and the contractor owes the workers wages, which will be handled separately.
According to article 3 of the "Supreme People's Court Interpretation on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Refusal to Pay Labor Compensation", in any of the following circumstances, it shall be found to be a "relatively large amount" as provided for in paragraph 1 of Criminal Law article 276-1:(1) Refusal to pay a worker's labor remuneration for more than three months, and the amount is between 5,000 and 20,000 RMB; (2) Refusal to pay labor remuneration to 10 or more workers in an aggregate amount of 30,000 to 100,000 RMB. The High People's Courts of all provinces, autonomous regions, and directly governed municipalities may, on the basis of the economic and social development situation of that region, research and determine the specific amount standards for enforcement in that region within the range of amounts provided for in the preceding paragraph, and report to the Supreme People's Court for filing.
First of all, this situation is handled separately, but the contractor is more complicated as the middle.
In the absence, there are some key points that we still need to communicate.
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Summary. Hello, this question is up to me The unit owes the money to the contractor, and the contractor owes the wages to the worker: directly submit labor arbitration to the labor arbitration department.
1. Report to the labor administrative department. 2. Apply for arbitration to the Labor Arbitration Commission. 3. If you are not satisfied with the arbitration result, you should file a lawsuit in the court within 15 days after getting the arbitration letter.
The law stipulates that if an employer fails to pay the employee's remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state, the labor administrative department shall order the employer to pay the remuneration within a time limit.
The money owed by the unit to the contractor, and how to deal with the wages owed by the contractor.
Hello book, this question is up to me The unit owes the money to the contractor, and the contractor owes the wages to the workers: directly submit labor arbitration to the labor arbitration department. 1. Report to the administrative department of labor burial.
2. Apply for arbitration to the Labor Arbitration Commission. 3. If you are not satisfied with the arbitration result, you should file a lawsuit in the court within 15 days after getting the arbitration letter. The law stipulates that if an employer fails to pay the employee's remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state, the labor administrative department shall order the employer to pay the remuneration within a specified period.
Legal basis: Article 48 of the Labor Law of the People's Republic of China stipulates that the state implements a minimum wage guarantee system. The specific standard of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record.
Employers do not pay workers wages that are lower than the local minimum wage.
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Legal Analysis: The following measures can be taken by the contractor in arrears of wages at the construction site:
1.The employee can negotiate with the employer.
2.If a complaint or report is made to the Ministry of Labor and Social Security, the Labor Inspection Brigade shall order it to pay within a time limit, and if it fails to pay within the time limit, it may request additional compensation, and the standard of compensation shall be between 50% and 100% of the amount payable.
3.Apply to the Labor Dispute Arbitration Commission for labor arbitration, request the termination of the labor relationship and the payment of wages and economic compensation. If you still want to maintain the employment relationship, you can only ask for payment of wages.
Legal basis: Article 48 of the Labor Law of the People's Republic of China The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported to the Sakuraiwa case.
The wages paid by the employer to the employee shall not be lower than the local minimum wage.
Labor Contract Law of the People's Republic of China
Article 3 The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the worker in full and in a timely manner. 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.
Article 44 Under any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) if the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.
Khan, I said you can explain this to her, and since she loves you, then you go to her and explain it to her, and she doesn't listen, and she keeps saying it until he is moved, and it will be done, I wish you happiness, Khan, your own lifelong happiness, in this way, love face may be ruined by friends, but it depends on the situation, unless you don't like the girl.
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