The boss owes the peasants wages and doesn t know what to do

OK. In accordance with the Regulations on the Supervision of Labor and Social Security, the employer shall be supervised and inspected in accordance with the law, and ordered to pay the arrears of wages. However, because the boss's arrears of wages are generally a labor dispute, it will be difficult to deal with them after reporting to the police.

In practice, it is best for employees who are owed wages to take the following measures: 1. Negotiate with the boss. In order to save time and energy, it is recommended to try to negotiate directly with the boss first.

2. Complain to the labor department. When complaining, it is usually to go to the labor inspection department, and after the complaint, the boss will order the boss to pay wages in a timely manner. 3. Find a labor arbitration institution for arbitration.

If an employee is found to be in arrears of wages, the employee will not be subject to the statute of limitations for arbitration if he or she is found to be in arrears of wages, and once he or she leaves the company, he or she must file a claim within one year from the date of termination of the employment relationship. 4. Find a court to file a lawsuit. If it is found that the salary cannot be recovered after the above methods, then the employee can finally go to the court to file a lawsuit.

According to the Labor Dispute Mediation and Arbitration Law, the party initiating labor arbitration shall submit a written application to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute. Unless the parties apply for arbitration due to force majeure or other justifiable reasons, the arbitration commission shall not accept the application if the time limit for arbitration has expired as prescribed by law. Finally, if it is found that the boss has been looking for excuses to default on wages, it is best for employees to be vigilant, and once they find that something is wrong, such as the boss running away, then it is recommended to take active measures.

If there are a large number of people who are owed wages and the total amount of wages is large, then if necessary, you can also report to the police. However, it is best to resolve the matter in accordance with the general labor dispute settlement method. Circular of the Ministry of Labor on Printing and Distributing the Interim Provisions on the Payment of Wages (No. 1994 489) Article 18 The labor administrative departments at all levels have the right 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 worker's wages and economic compensation, and may also order the employer to pay compensation. deducting or defaulting on the wages of workers without reason; refusal to pay wages for extended working hours to employees; The wages of workers are paid below the local minimum wage standard. The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court. Article 15 Where an employer compels a worker to terminate the labor contract under any of the following circumstances, the employer shall pay the worker's remuneration and economic compensation, and may also pay compensation:

Forced labor by means of violence, threats, or unlawful restrictions on personal freedom; Failure to pay labor remuneration or provide working conditions in accordance with the labor contract; deducting or defaulting on the wages of the workers without reason; refusal to pay wages and remuneration for extended working hours; The wages of workers are paid below the local minimum wage standard.

What to do if migrant workers' wages are in arrears. The easiest way is to file a complaint with the local labor law enforcement inspection brigade. 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.

If you still have no compensation, you can apply to the court for compulsory enforcement.

Legal analysis: There are the following solutions for the boss to default on the wages of migrant workers: For this kind of illegal behavior, the easiest way for Xiangli Peng is to complain to the local labor law enforcement supervision brigade, supervise and inspect the employer in accordance with the law, and order it to pay the arrears of wages.

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 court shall issue a payment order in accordance with the law. The most effective way is to apply for labor arbitration directly to the local labor administrative department, 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 arbitration is not accepted or the arbitration is unfair, a civil lawsuit can be filed with the court within 15 days and the court judgment will be directly enforced.

Legal basis: Article 50 of the Labor Law of the People's Republic of China stipulates that wages shall be paid to the worker himself in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Legal analysis: 1. Workers can file complaints with the local labor bureau for labor inspection;

2. You can apply for arbitration at the local labor bureau and demand payment of wages. If the employer terminates or dissolves the labor relationship with the employee in accordance with the law, it shall settle the labor relationship and pay the employee's wages in a lump sum on the day of termination or dissolution.

3. Resolve the matter by filing a lawsuit with the court.

Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China 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 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 pay additional compensation to the worker according to the standard 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 without paying economic compensation to the worker in accordance with these Regulations.