Whether the migrant workers are responsible for the round trip expenses of the wages of the losing p

Updated on society 2024-04-30
11 answers
  1. Anonymous users2024-02-08

    The round-trip costs of the peasants' wages are included in the litigation costs and can be requested to be borne by the losing party.

    Measures for Payment of Litigation Costs

    Article 6. The litigation fees that the parties shall pay to the people's court include:

    1) Case acceptance fees;

    b) Application fee;

    3) Transportation expenses, lodging expenses, living expenses, and compensation for lost work incurred by witnesses, evaluators, translators, and adjusters appearing in court on the date designated by the people's court.

    Article 12. In the course of litigation, the people's court decides that the parties shall directly pay the expenses that shall be borne by the parties in accordance with law due to appraisals, announcements, inspections, translations, appraisals, auctions, sales, warehousing, safekeeping, transportation, ship supervision, and so forth, and the people's courts must not collect and pay on behalf of the parties. Where people's courts provide translations in the common language or script of the local ethnic group in accordance with paragraph 3 of article 11 of the Civil Procedure Law, no fees are charged.

    Article 29.

    The litigation costs shall be borne by the losing party, except where the winning party voluntarily bears them. Where the case is partially won and the case is partially lost, the people's court is to decide the amount of litigation costs to be borne by each party on the basis of the specific circumstances of the case. Where the parties to the joint litigation lose the lawsuit, the people's court shall decide on the amount of litigation costs to be borne by each party on the basis of their interest in the subject matter of the litigation.

  2. Anonymous users2024-02-07

    Yes, but these costs should be enumerated in the lawsuit so that the court can refer to them.

  3. Anonymous users2024-02-06

    if it is found to be a case involving property, pay 50 yuan; If it is determined to be a labor dispute case, 10 yuan shall be paid. It is paid in advance by the plaintiff and ultimately borne by the losing party.

    Article 13: Case acceptance fees are to be paid in accordance with the following standards:

    1) In property cases, according to the amount or value of the litigation claim, the following proportions shall be paid cumulatively:

    1.if it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece;

    4) 10 yuan for each labor dispute case.

  4. Anonymous users2024-02-05

    According to the Measures for Payment of Litigation Costs, the case of an employee's claim for labor remuneration may not be paid in advance, and the losing party shall bear the final fee. Legal basis: Article 20 of the Measures for Payment of Litigation Fees The case acceptance fee shall be paid in advance by the plaintiff, a third party with independent claims, and the appellant.

    Where the defendant raises a counterclaim and needs to pay the case acceptance fee in accordance with the provisions of these Measures, the defendant is to pay it in advance. Cases of recourse to labor remuneration may not be required to pay the case acceptance fee in advance.

  5. Anonymous users2024-02-04

    If you are in arrears of wages, it is recommended that you apply for free legal aid from the legal aid center of the local judicial bureau.

  6. Anonymous users2024-02-03

    Hello! If the two parties fail to reach an agreement on the dispute, either party has the right to file a lawsuit in court. It is necessary to prepare a copy of the plaintiff's ID card, pleadings, relevant evidence and other materials. The litigation costs shall be paid by the plaintiff in advance and ultimately borne by the losing party.

  7. Anonymous users2024-02-02

    1. If the wages are in arrears, you can complain to the security supervision brigade of the labor department, or you can directly apply for labor arbitration. First of all, you should go to the labor bureau in the city where you are located to file a complaint against your company, and the labor inspection brigade will file a case and leave your basic information. Then go to your company to investigate and find out that the matter is true, they will come forward to mediate, and warn you that the company's behavior has violated the labor law, and they will enforce it if they encounter a company that refuses to implement it.

    Wage arrears are a common problem that you can solve by:

    1).Report to the labor administrative department (usually the labor management inspection brigade.

    2).You can also apply for arbitration directly (the arbitration fee is 200-300 yuan, and if you win, the company will bear all of it.

    3).If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.

    4).According to the provisions of the state, in the event of arbitration or litigation, you may request that in addition to the full payment of the employee's wages and remuneration within the prescribed time, you must also pay an additional economic compensation equivalent to 25% of the wages and remuneration. (See the reference section for the specific legal basis).

    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 within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to <>

    Additional compensation shall be paid to the employee at the rate of between 50% and 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 and failing to pay economic compensation to the worker in accordance with this Regulation.

    Legal consequences of non-payment of wages.

    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.

    Paragraph 1 of Article 30 of the Labor Contract Law Risk Impact:

    1.The employee can terminate the contract.

    According to Article 38 of the Labor Contract Law, if an employer fails to pay the employee in full and in a timely manner, the employee may terminate the labor contract.

    2.Payment of compensation.

    Article 91 of the Labor Law: "If an employer infringes upon the lawful 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, and may also order the employer to pay compensation

    1) Deducting or defaulting on the wages of those who have worked late without reason;

    2) Refusal to pay wages and remuneration for extended working hours;

    3) Paying wages to workers at a lower rate than the local low-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. It can be seen that if the wages of employees are in arrears without reason, the employer must pay the arrears of wages, compensation (25% of the arrears of wages) and, if necessary, compensation (provided that actual damage is caused).

  8. Anonymous users2024-02-01

    That's a question that really stumped me. But I think that since it is a salary bargain, first go to register, and then summon the person in charge of the enterprise according to some information you provide, there is a handling fee of dozens of yuan at most, and it is impossible to increase the charge of any other fees. Even if there is a fee, it will be levied on the company!

    Moreover, if the enterprise is at a loss, the practice is unreasonable and illegal, the labor bureau can also impose a fine of thousands or tens of thousands on them!

    If you encounter a high arbitration fee imposed by the Labor Bureau, you can report and complain to the higher labor department. How can a migrant worker who asks for a salary have how much money to pay the bills? If you don't receive your salary, do you have to pay a lot of money first?

    If there is really a labor bureau that dares to do this, it must be neither reasonable nor legal, and if you report them, there will definitely be leaders and classes!

  9. Anonymous users2024-01-31

    **The department is a department that works for the people, and all expenses are borne by the finance. Therefore, the expenses incurred to help migrant workers solve their wages do not need to be borne by the migrant workers themselves.

  10. Anonymous users2024-01-30

    You can apply for deferred payment and exemption. And if the case is won, the costs of the lawsuit will be borne by the losing party. Alternatively, you can apply for prior enforcement.

  11. Anonymous users2024-01-29

    According to the relativity of contract, migrant workers cannot directly sue the employer for wages.

    However, according to the specific circumstances of the case, when suing the contractor, the employer shall be listed as a co-defendant.

    Hope it helps, thank you!

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