What should I do if I owe migrant workers wages and do I owe them wages or not?

If the employer deducts or defaults on the employee's wages, the worker may file a complaint with the Labor and Social Security Supervision Brigade against the employer.

When going to the labor inspection brigade to complain, bring the following information: the identity card, the full name of the employer, the name and contact information of the person in charge, and relevant evidence that can prove that the employee works in the employer, and the labor and social security inspection brigade will issue a correction within a time limit. If the enforcement is not within the time limit, apply to the court for compulsory enforcement. At the same time, if the employee fails to make corrections within the time limit, the employee can claim that the employer pay you 50%-100% of the amount of wages in arrears (Article 26 of the Regulations on Labor and Social Security Inspection).

Article 50 of the Labor Law stipulates that 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 30 of the Labor Contract Law 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.

Article 9 of the Interim Provisions on Payment of Wages When both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

If you owe migrant workers, you have wages, and migrant workers are really pitiful, and all they earn are debts, and they can report to the labor arbitration department.

Legal analysis: Migrant workers can directly file complaints and reports with the local labor inspection department, demanding that they pay their wages and pay compensation.

Legal basis: Labor Law of the People's Republic of China

Article 46 The distribution of wages shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented.

The level of wages has been gradually raised on the basis of economic development. The state implements macroeconomic regulation and control over the total amount of wages.

Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Legal Analysis: If migrant workers are not paid wages, they can directly file a complaint and report to the local labor inspection department, demanding that they pay wages and give compensation.

Legal basis: Labor Dispute Mediation and Arbitration Law of the People's Republic of China 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, and if the mediation fails, or if they fail to perform after reaching a mediation agreement, they may apply to the labor dispute arbitration commission for arbitration and the arbitral award is not satisfied, except as otherwise provided in this Law, they may file a lawsuit with the people's court.

1. The wages owed to migrant workers will not be dealt with as follows:

1) Complaints and reports can be made directly to the local labor inspection department, requiring them to pay wages and give compensation;

2) You can report to the local labor law enforcement department, and the law enforcement inspectors of the labor department will help coordinate and solve the problem;

3) You can go to the labor dispute arbitration institutions in various places to apply for arbitration, and if you are not satisfied with the arbitration, you can also go to the people's court to file a lawsuit.

2. 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 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 46.

Under any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

2. What are the standards according to which the employer should pay wages and remuneration higher than the wages of the employees for normal working hours?

1. If a worker is arranged to work longer hours, he or she shall be paid a wage remuneration of not less than 150% of the wage;

2. If the worker is arranged to work on a rest day and cannot arrange a compensatory break, the wage remuneration shall not be less than 200% of the wage;

3. If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300% of the wage.

1. If the worker works for the employer, there are two ways to request payment of wages:

1. Workers can complain to the local human resources and social security bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in some areas;

2. You can apply for arbitration at the labor dispute arbitration committee in the local human resources and social security bureau and request payment of wages. If you do not have an employment contract, you can demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

2. If it is for an individual, it is not considered an employment relationship. The parties can directly go to the court to sue the individual boss and demand payment of labor remuneration.

Article 85 of the Labor Contract Law If an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation for renting a room 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;

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.

Article 2 of the Law on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

Disputes arising from labor remuneration, work-related injury medical expenses, economic compensation or compensation, etc.;

Article 50 of the Labor Law Wages shall be paid to the worker himself on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed.

Article 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages for extended working hours;

3) Paying wages to workers at a rate lower than the local minimum wage.

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

According to Article 85 of the Labor Contract Law, the labor administrative department shall order the payment within a time limit; If the payment is not made within the time limit, the employer and the grinding position shall be ordered to pay additional compensation to the worker according to the standard of between 50% and 100% of the amount payable.

The first paragraph of Article 267-1 of the Criminal Law stipulates that anyone who evades the payment of labor remuneration to a laborer by means of transferring property, escaping, etc., 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. ...

According to Article 3 of the 2013 Interpretation on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Refusal to Pay Labor Remuneration, the standard of "relatively large amount" is a refusal to pay a worker's labor remuneration for more than three months and the amount is between 5,000 and 20,000 yuan; The amount of labor remuneration refused to be paid to more than 10 workers is between 30,000 and 100,000 yuan. All provinces, autonomous regions, and municipalities directly under the Central Government may take into account the economic and social development status of their respective regions....OK....The specific amount standards are to be reported to the Supreme People's Court for filing.

If the wages owed to the migrant workers are not paid, the result is obvious, and the labor bureau enforces the sale of Zheng.

** And the Prime Minister has repeatedly ordered to protect the wage rights and interests of migrant workers, and he would like to praise the crime against the wind.

If the wages owed to the migrant workers are not paid, as long as the migrant workers defend their rights, the company must pay the wages in full, and may also be subject to certain penalties.

This is a violation of the law, and will be held accountable in accordance with the law, fined, detained, and even criminally punished, so if you want to hire migrant workers, you must pay even if you want to pay.

The state expressly prohibits the arrears of wages of migrant workers in the case of splitters, and may report the problem to the labor inspection department, and after the preliminary investigation results are out, if the problem cannot be solved, the lawful rights and interests of the self-reckless can be safeguarded through legal channels.

If the wages of migrant workers are in arrears and they have not been resolved, the enterprise legal person of the unit in serious arrears will be investigated for criminal responsibility.

If wages are in arrears or deducted, the employee may negotiate with the unit to settle the issue.

If the negotiation fails, the employee may apply to the local district and county-level labor and pure arbitration court (the labor arbitration court is located in the Human Resources and Social Security Bureau) for arbitration and request back wages.

If the farmer owes his wages to the worker, according to the law, it is an illegal act, and the migrant worker can sue him, and he will also be supported by macro and receive double compensation!

If you don't give it, you can be detained, and then your account can be frozen, and if he sues you, then if it is enforced, you still have to pay money and compensate for losses.

If the worker does not take the initiative to claim payment, it will always be hanging on the company's books.

If they owe more wages to migrant workers and do not pay them, they will not be sanctioned by the labor department.

Lodge a complaint with the Human Resources and Social Security Bureau.

Measures such as handling and fines by the Human Resources and Social Security Bureau.

Article 85 of the Labor Contract Law stipulates this.

You can ask the boss to borrow money to pay your salary, and if the negotiation fails, you can file a lawsuit with the people's court on the basis of evidence.

will be sentenced, illegal and criminal acts. It is also possible that the debtor will not survive and will die with the boss...

will be on the blacklist of enterprise dishonesty and will be severely punished.

1. Regulations on guaranteeing the payment of wages to migrant workers.

Article 42: Where the administrative department of human resources and social security makes a decision to order the payment of the arrears of wages to migrant workers, and the relevant units fail to pay, they may apply to the people's court for compulsory enforcement in accordance with law.

Article 41, if the administrative department of human resources and social security discovers that the illegal act of delaying the wages owed to migrant workers is suspected of constituting the crime of refusing to pay labor remuneration, it shall, in accordance with the relevant provisions, promptly transfer it to the public security organ for review and make a decision containing suspicion.

2. The above provisions are for reference.

If migrant workers are owed wages, such as wage arrears caused by illegal contracting, subcontracting, illegal subcontracting, affiliation, or arrears of project payments in construction fields such as housing and construction, transportation, and water conservancy, they should first file a complaint with the arrears settlement agency of the competent department in each field;

You can also file a complaint with the two-level labor and social security supervision agency in the urban area according to the place where the celery potato project belongs. When complaining on site, you should bring: your ID card, the name and contact of the person in charge of the project, and relevant evidence that can prove your work in the project.

In addition, if there is a dispute between the two parties over the formation of a de facto labor relationship and the amount of wages, it shall be handled through the labor dispute arbitration procedure.

Legal basis] Article 54 of the Regulations on Guaranteeing the Payment of Wages to Migrant Workers, in any of the following circumstances, the administrative department of human resources and social security shall order corrections to be made within a set period of time; If the correction is not made within the time limit, a fine of between 20,000 and 50,000 yuan shall be imposed on the unit, and a fine of between 10,000 and 30,000 yuan shall be imposed on the legal representative or principal responsible person, the directly responsible person in charge and other directly responsible personnel

1) Paying migrant workers' wages in kind, in the form of valuable** instead of money;

2) Failing to compile a wage payment ledger and keep it in accordance with law, or failing to provide a list of wages to migrant workers;

3) Seizure or covert seizure of the migrant worker's own social security card or bank card bound to the bank account used to pay the migrant worker's wages.