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Request legal assistance. What else can I do?
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Migrant workers are an important labor force in the process of urbanization in China, and they have made important contributions to the construction and development of cities. However, due to various reasons, the survival and development of migrant workers in the city still face many problems. In order to protect their interests, some measures need to be taken by the lead belt.
First of all, migrant workers should be aware of their rights and laws and regulations. In China, migrant workers have a series of rights and guarantees, including wages, social insurance, rest and labor safety. Therefore, migrant workers need to be aware of these rights and guarantees, and if necessary, they need to appeal and defend their rights to the relevant authorities.
Second, migrant workers should strengthen their awareness of self-protection. In cities, migrant workers may suffer from fraud, theft, and other hazards. Therefore, they need to take care to protect their belongings and personal safety to avoid being cheated or harmed.
Third, migrant workers can protect their own interests by forming their own organizations. These organizations can be trade unions, associations, migrant workers' rights organizations, and so on. Through these organizations, migrant workers can unite to help and support each other and jointly defend their rights and interests.
Finally, the society should strengthen the protection and support for migrant workers. ** We can increase the legal protection and supervision of migrant workers, strengthen the training and education of migrant workers, and improve the quality and skills of migrant workers. All sectors of society can also provide help and support to migrant workers to create better living conditions and development opportunities for them.
To sum up, migrant workers face many problems in their survival and development in the city, but there are some measures that can be taken to protect their interests. At the same time, the society should also strengthen the protection and support for migrant workers to create better conditions for their life and development.
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Migrant workers face difficulties in receiving salaries mainly due to the following reasons:1Recruitment through interpersonal relationships: Some intermediary companies and employers recruit migrant workers through interpersonal relationships, which lacks substantive contracts and legal constraints, making it difficult for workers to obtain the wages they deserve.
2.Improper deduction: Some employers trample on the legitimate rights and interests of workers by deducting various expenses (such as accommodation fees, management fees, etc.).
3.Bankruptcy of the employer: In some sudden economic circumstances (such as enterprise bankruptcy, bankruptcy, death of workers, etc.), workers encounter the phenomenon of "unpaid wages" and it is difficult for them to recover their labor remuneration.
It is more difficult for migrant workers to implement the "monthly salary system with only one", because there are many problems that need to be considered in practice. First of all, some employers do not want to bear the pressure of increasing workers' costs, and are unwilling to provide legal deductions, exemptions and incentives, which will affect workers' willingness and enthusiasm to work. Second, employers need to establish a good reputation mechanism to ensure the timeliness, legitimacy and accuracy of workers' wages.
This requires strengthening the supervision and filial piety, formulating a more perfect labor legal system, and strengthening the management and service of employers.
Therefore, we need to take a variety of measures to solve the problem of migrant workers' difficulty in receiving wages, including strengthening the legal awareness of migrant workers, improving the regulatory effectiveness of the regulatory authorities, increasing the punishment of employers, and implementing measures such as advance wages and open wages to protect the legitimate rights and interests of workers.
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Legal analysis: to believe in the law, learn to use the law to protect your legitimate rights and interests, not to use extreme means.
1) If you are deceived by an employment intermediary or infringed by the employer, you can file a complaint with the local labor and social security supervision agency.
2) In the event of a labor dispute with the employer, the employer may apply to the local labor arbitration commission for arbitration, and if the result of the arbitration is not satisfied, a lawsuit may be filed with the local people's court.
3) If the relevant agency of the labor and social security department shirks the blame or is not satisfied with the result, it may apply for administrative reconsideration or file a lawsuit with the local people's court if the relevant agency of the labor and social security department shirks the blame or is not satisfied with the result.
4) If you encounter some complicated lawsuits, you can hire a lawyer, and when you have no money to fight a lawsuit, you can go to the local trade union, women's federation, Communist Youth League organization, local news**, Liang Guan Legal Aid Center and other departments to seek corresponding help.
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.
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The methods for migrant workers to protect their legitimate rights and interests are as follows:
1. When the rights and interests of the worker are infringed by the employer or illegal employment intermediary agency, etc., the worker may file a complaint with the labor security supervision agency.
2. If a worker complains about an illegal act to the labor and social security supervision agency, the labor security supervision agency shall provide facilitation conditions.
3. After a labor dispute arises between an employee and an employer, it can be resolved through a variety of procedures.
4. In the event of a labor dispute between a worker and an employer, if it meets the scope of the case accepted by the Labor Dispute Arbitration Commission, he or she may submit an application for arbitration.
After a labor dispute arises between an employee and an employer, it can be resolved in accordance with the following procedures:
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 Cheng Ling returns to order. 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 Qiqi Jingye Industry Mediation Committee, and consciously fulfill the agreement reached through mediation. If the mediation fails, the applicant may apply for arbitration. The parties may also apply directly for arbitration.
3) 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.
4) Court proceedings. If a party is dissatisfied with the arbitral award, it may, within 15 days from the date of receipt of the arbitral award, file a lawsuit with the people's court as the defendant against the other party. 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.
Legal basis. Article 79 of the Labor Law of the People's Republic of China.
After the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly 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.
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1.Learn to understand the law and use the law to protect your legitimate rights and interests.
2.When migrant workers' rights and interests are infringed upon by their units or illegal employment intermediaries, they may file a complaint with the labor security supervision agency.
3.The parties may negotiate or fail to reach an agreement, and may apply for labor arbitration, and the parties may directly apply for arbitration.
What can be done, the migrant workers cannot change the reality, it is the environment, and the change is too difficult.
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On March 27, 2006, the People's Republic of China published the "Several Opinions on Solving the Problem of Migrant Workers" (Guo Fa 2006 No. 5). The "Opinions" are divided into fully understanding the great significance of solving the problem of migrant workers, the guiding ideology and basic principles of doing a good job in the work of migrant workers, stepping up efforts to solve the problem of low wages and arrears of migrant workers, standardizing the labor management of migrant workers in accordance with the law, doing a good job in employment services and training for migrant workers, actively and steadily solving the problem of social security for migrant workers, effectively providing relevant public services for migrant workers, improving the guarantee mechanism for safeguarding the rights and interests of migrant workers, and promoting the transfer of rural labor force to nearby employment. Strengthen and improve the leadership of migrant workers' work in 10 parts and 40 articles.
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