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Migrant workers, because they have been working outside for a long time, neglect their wives and discipline their children, and eventually have rebellious children in their families, and their wives and children are separated. Even if he earns a lot of money, he is alone and withered for the rest of his life.
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Neglect to take care of the elderly and children at home, causing the family to fall ill or encounter danger, and the use of money cannot be recovered.
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If you don't educate your children well, you can't save them with money. The problem of children's education is a big problem nowadays.
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Legal analysis: 1. You can complain to the local labor bureau for labor inspection; Pros: Simple way.
Disadvantages: Enforcement may not be very strong in various places; 2. You can apply for arbitration at the local labor bureau and demand payment of wages. If you do not have an employment contract, you can also 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.
Legal basis: Labor Contract Law of the People's Republic of China Article 85 In any of the following circumstances, if the employer is ordered by the labor administrative department to pay the labor remuneration, overtime pay or economic compensation within a specified period of time, it shall pay the difference and fails to pay the difference in the period, and order the employer to pay additional compensation to the employee according to the standard of 50% to 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.
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What should I do if the hard-earned money of migrant workers is not returned? Expert: Keep these "3 points" in mind and suffer less.
What should I do if the hard-earned money of migrant workers is not returned? Expert: Keep these "3 points" in mind and suffer less.
It is normal to have some conflicts on the construction site, and there will always be many conflicts between migrant workers and contractors. So if you don't go through the legal process, how can you get back the hard-earned money of migrant workers? Expert:
Keep these "3 points" in mind and suffer less. Experts say that before you go to ask for accounts, you should first change your concept and not regard the contractor as your friend, but as a robber. Then you'll be able to put your face down and go to him for the money he owes you.
First of all, you can consult with someone or a lawyer who has experience in this area. Why? Because you are going to ask for accounts, not to cause trouble, then you must know that your bottom line is **, and don't do something illegal.
It should be carried out within the scope of the law, and it should not be solved by force. Otherwise, it is very likely that the money will not be returned, but you will go in. You should often see this kind of news in the news, some migrant workers went to ask for money, but they were arrested.
So the loss is great.
Secondly, many bosses nowadays are not given money when they have money, which is very lacking in morality. If you find someone else, then you can follow him all day long, jokingly and seriously asking him for money. But the thing to remember is not to get into a physical altercation with him, because your main purpose is to get the money back.
If he hits you, then you can go down and call 110 for the police to come. If you can't find someone else, you can follow his family and tell them that you can't hide. Of course, it's best not to scare the child.
Finally, pay attention to your words when you go to ask for accounts. For example, when many people go to ask for money now, it is because the language is not enough, so they can't get the money back. The specified time and place are not specified, for example, if the other party says that he will wait for a few more days, you can directly ask him, will it be okay in another 5 days?
If he says yes, you ask him again, is it morning or afternoon? If he says morning, you ask him, what time is it, in **? Anyway, the more careful the better.
If he doesn't come after the end of the day, then the next time you look for him, you can say, "Didn't we agree, but you didn't come, and I think there was a reason, so I didn't bother you." At this time, he will definitely give you another reason, such as a financial business trip, etc., and then you can directly ask him when the financial is available.
Anyway, the more specific the better, don't agree on a vague time. In this case, after a few times, no matter how thick the skin is, you can't stand it. Finally, remind everyone that your purpose must be to get the money back, don't have a physical fight, get the money, and leave immediately.
If the other party really doesn't give the money, and he doesn't give it after saying it several times, then it's better to use the law to get the money back.
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Take legal means, it's hard not to let yourself be weak, only through the law to sue, and then someone will pay attention to you, maybe so, it's enough to have a chance to come.
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Now migrant workers can't get money is really no way, they all say that they will sue, slowly lawsuits, who has that lot of time to go to lawsuits, besides, it takes time to fight lawsuits, and it also costs money, there is really no way, I think it is better to earn less, as long as the money is not bad, and do not take risks to make more money, you say, it is not easy for ordinary people to live.
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With your work record. Time cards and the like, just go to the local labor and social security bureau to complain, and now the state attaches great importance to this and will solve it for you.
If you don't have any of these things, take a phone that can record or something, and talk to your boss to prove that you worked in that place as evidence.
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Two paths.
1. You can complain to the local labor bureau.
2. You can apply for arbitration at the local labor bureau and demand payment of wages and 25% economic compensation.
Labor Law", "Measures for Economic Compensation for Violation and Termination of Labor Contracts".
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If migrant workers don't get money, they can call 12345 City**Citizen Service** to complain, and usually they will transfer it to the local labor department for processing!
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Chinese law stipulates that as long as there are facts (including oral agreements), there are legal responsibilities and obligations between the parties. According to the regulations, the labor bureau has the right and obligation to directly manage and deal with such issues, but if there is a large difference between the views of the two parties, it can only apply for labor arbitration and file a lawsuit.
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Who do migrant workers have to find to get the money?
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Find someone to hack him to death!! The Axe Gang.
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Landlord I also have the same problem and don't know what to do.
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Working on the construction site with private individuals in Wuxi. It's been two years. I want to go this year. No one can be found. Go to your local police station. The police station didn't pay attention. What should I do? Come and run away from this than money.
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What should I do if I can't get the money at the end of the year?
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Legal analysis: If a migrant worker does not receive his wages, he or she can file a complaint with the labor bureau where the employer is located, or he can apply to the labor arbitration commission where the employer is located for labor arbitration. Labor administrative departments at all levels have the right to supervise the payment of wages by employers.
If an employer infringes upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the worker's wages and economic compensation, and may also order the employer to pay compensation.
Legal basis: Labor Law of the People's Republic of China
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.
Article 91 Where 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 payment of compensation:
1) Withholding or defaulting on the wages of workers without reason;
2) Refusal to pay wages and remuneration to workers for extending the working hours of the suspected shed;
3) Paying wages to workers lower than the local minimum wage standard;
4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.
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Migrant workers who are in arrears of wages can go to the local labor and social security administrative department, or they can directly write a complaint and submit a request for labor arbitration. However, no matter what method is adopted, migrant workers need to produce evidence that a certain unit or citizen should pay wages to them, but they do not pay them.
1. Which department to find for migrant workers' wage arrears?
1. Migrant workers can contact the local labor and social security administrative department if they are in arrears.
According to 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 employee to pay the employee's wages and remuneration, 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) Termination of labor contract without giving economic compensation to the employee in accordance with the law.
2. 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 Wang Zhihao unit through the award issued by labor arbitration, and if it is not compensated, it 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 with the court within 15 days and directly executed through the court judgment.
5. While claiming wages in accordance with the above-mentioned channels, the employer may also require the employer to pay additional compensation to the employee according to the standard of 50% to 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law.
2. How long does it take to be in arrears of wages to be considered illegal?
Article 50 of the Labor Law of the People's Republic of China stipulates that "wages shall be paid to the workers themselves in the form of money on a monthly basis, and wages shall not be deducted or owed to the workers without reason", and the "monthly payment" includes that wages should be paid in the form of monthly wages and should also be paid monthly, so the employer shall settle the wages within 30 days after the end of the natural month, and more than 30 days will constitute wage arrears.
After discovering that the unit is in arrears of wages, the staff can choose more ways to protect their own rights and interests, and the staff can choose a more beneficial way in light of the actual situation. However, no matter what method is adopted, before the employer is required to pay back wages, it is first necessary to collect evidence to prove that the employer is in arrears of wages.
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If a migrant worker cannot get the money, he or she can report it to the local labor administrative department, or apply to the labor arbitration commission at the place where the labor contract is performed or where the employer is located.
On the grounds that wages were not paid in full and on time, the employer applied to the Labor Dispute Arbitration Commission at the place where the employer is located or the place where the labor contract is performed for arbitration, requesting the termination of the labor relationship and the payment of wages and economic compensation. If you still want to maintain the employment relationship, you can only ask for payment of wages. When applying for labor arbitration, a written application for arbitration (2 copies) shall be submitted; List of evidence and corresponding evidence materials (2 copies), the main evidence materials are labor contracts, salary bank statements; Copy of ID card (1 copy).
The statement of claim for arbitration shall contain the following particulars:
1.The name, gender, age, occupation, place of work and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person of the employer;
2.the claim for arbitration and the facts and reasons on which it is based;
3.Evidence and evidence**, names and residences of witnesses.
4.If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party.
Legal basis
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.
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If you don't have money, you can find the relevant departments to solve it, or you can go through the law and trap the law procedure, when Wang Chun erects in ordinary times, you have to prevent the problem of Senfan, so it is best to calculate every amount of money at the site to ensure that you can have evidence.
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