What to do if you maliciously default on the wages of migrant workers for three years

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.

It was too late to sue the people's court.

Find a reporter to expose the newspaper, quickly, don't let the boss run away.

You can defend your legal rights with the law.

1. In the case of arrears of wages by the employer, the employee shall first negotiate with the employer, and if the negotiation cannot be resolved, the employee can resolve the matter through the following legal means:

1) Complain and report to the local labor and social security inspection agency;

2) To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application should be submitted to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute;

3) Resolve through litigation. This is divided into three situations: first, for labor dispute cases, if any party is dissatisfied after labor arbitration, it can file a lawsuit with the court; Second, if the employer does not enforce the labor arbitration award after the labor arbitration award takes effect, the employee may apply to the court for compulsory enforcement; Third, those who belong to the category of labor arrears can directly file a civil lawsuit with the court.

2. It should be particularly pointed out that when encountering a situation in which rights and interests such as arrears of wages are infringed, we must not resort to radical acts such as climbing buildings and blocking roads, and we must not resort to violent means, and we must rely on legal means to solve the problem. Otherwise, impulsiveness will not only be useless, but may also be held accountable for violating the criminal law.

Legal analysis: 1. Complain to the local labor law enforcement inspection brigade, which will supervise and inspect the employer in accordance with the law and order the payment of arrears of wages. 2. Apply to the local people's court for a payment order.

3. Apply to the local labor administrative department for labor arbitration (no fee, no lawyer), and claim compensation from the unit through the award issued by the labor arbitration, and if you still do not pay compensation, you can apply to the court for enforcement. 4. If the labor arbitration is not accepted or the arbitration is unfair, a civil lawsuit can be filed directly with the court within 15 days. 5. While claiming wages in accordance with the above-mentioned channels, the unit may also be required to pay additional compensation according to the standard of 50% to 100% of the amount payable.

Legal basis: Article 9 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration.

If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears in medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle the matter in accordance with law.

Article 26 of the Regulations on the Supervision of Labor and Social Security.

If an employer commits any of the following acts, the labor and social security administrative department shall order the employer to pay the employee's wages and remuneration within a specified period of time, the difference between the employee's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50 to 1 time of the amount payable

1) Deducting or defaulting on the wages and remuneration of workers without reason;

2) The wages paid to the workers are lower than the local minimum wage;

3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.

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 state regulations, 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.

Article 77.

If the lawful rights and interests of a worker are infringed, he or she has the right to request the relevant department to handle it in accordance with the law, or to apply for arbitration or file a lawsuit in accordance with the law.

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.

The 2016 Opinions made it clear that non-payment of wages to migrant workers constitutes a crime. In case of wage arrears, the first thing to do is to file a complaint with the Labor and Social Security Bureau, and the Labor and Social Security Department will instruct the unit and the person in charge to pay. If they still refuse to pay, the public security organs may file a case for investigation.

Legal LiabilityArticle 50 of the Labor Law Wages shall be paid to the workers themselves in the form of money on a monthly basis, and the wages of the workers shall not be deducted or delayed without reason. Article 91 of the Labor Law stipulates that 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 it to pay the worker's wages and remuneration and economic compensation.

Legal basis]: Article 276 of the Criminal Law of the People's Republic of China [Crime of Refusal to Pay Labor Remuneration] Whoever evades the payment of labor remuneration of a laborer by means of transferring property, escaping, or other methods, or has the ability to pay but fails to pay the laborer's remuneration, and the amount is relatively large, and the payment is still not paid after being ordered to do so by the relevant department, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Where there are acts in the preceding two paragraphs, but serious consequences have not yet been caused, and the laborer's labor remuneration is paid before the public prosecution is initiated, and the corresponding liability for compensation is borne in accordance with law, the punishment may be commuted or waived.

There are several ways to maliciously default on the wages of migrant workers: 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 Article 26 of the "Labor Security Supervision Regulations" and order it to pay the arrears of wages2. 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

If migrant workers are maliciously owed wages, they can file a complaint with the local labor inspection brigade.

Find the labor arbitration department, ** department, find ****, and the problem will be solved.