Why real estate developers always owe migrant workers wages

It is common for employers to default on wages, and if they fail to reach a successful negotiation, they can file a complaint with the labor inspectorate, apply for labor dispute arbitration, and apply to the people's court for a payment order if they have an IOU.

1. Where there is an IOU, they may directly apply to the people's court for a payment order.

1. Basic information such as the name of the worker and the employer;

2. The amount of wages that the employee requires from the employer;

3. The facts and evidence on which the employee's claim is based;

4. The property status of the employer and the property available for enforcement.

2. If you file a complaint with the labor inspectorate, the labor inspector shall order you to pay within a time limit; If the payment is not made within the time limit, it shall be ordered to pay compensation according to 50-100% of the arrears.

Complaints to the labor inspection can be made verbally or in writing, and the employer needs to submit his or her ID card and evidence of the employer's arrears of wages.

Advantages: simple way; Disadvantages: Enforcement may not be very strong in various places.

3. Apply to the labor dispute arbitration commission at the place where the employer is domiciled or where the labor contract is performed.

To apply for labor dispute arbitration, a copy of the arbitration application and a total of copies according to the number of respondents shall be submitted, and a copy of the applicant's ID card; 2 copies of relevant evidence and a list of evidence; In some areas, it is also necessary to provide the business registration information of the employer. The statement of claim for arbitration shall contain the following particulars:

1) The name, gender, age, occupation, work unit, address, mailing address and contact ** of the worker, the name, address, mailing address, contact ** of the employer, and the name and position of the legal representative or the 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 the copy is submitted, the original shall be inspected by the Arbitration Commission.

Advantages: In addition to wages, compensation can also be claimed, etc., and it can generally be finally settled; Disadvantages: There are many procedures, professional guidance is required, and it takes a long time to meet the malicious litigation of the employer.

Since some provinces and municipalities do not support the payment of compensation within the time limit without the labor inspection, it is recommended to file a complaint with the labor inspection first, and apply for labor dispute arbitration if the payment is not made within the time limit.

If he is paid, he can't use the money to earn money.

Legal analysis: The wages are paid to migrant workers by the construction party, and it is recommended to contact the local construction committee for reflection. The construction unit or the unit directly employing the migrant worker shall pay the wages to the migrant workers, and the employer shall have the responsibility and obligation to pay the wages if the migrant workers provide the labor.

The construction unit may file a lawsuit with the court against the construction unit, but shall not default on the wages of migrant workers on the grounds that the construction unit has not paid the project payment.

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China 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. 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.

Legal analysis: The easiest way is to file a complaint with the local labor law enforcement inspection brigade. The worker may apply to the people's court of Dangshi Block 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 do not pay compensation, you can apply to the Legal Court for compulsory enforcement.

Legal basis: Interim Regulations on the Payment of Wages Article 19 In the event of a labor dispute between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with the law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.