I am a migrant worker, and my boss has been in arrears of my wages for half a year

Updated on Three rural 2024-05-08
29 answers
  1. Anonymous users2024-02-09

    Non-wage workers can call 12333** to complain, which is the Human Resources and Social Security Bureau**. You can also file a complaint with the Labor Bureau's Inspection Brigade.

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

    Article 7 of the Interim Provisions on the Payment of Wages stipulates that wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day.

    Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.

    If the company fails to pay labor remuneration on time, the employee can resign and ask for financial compensation. The worker may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages. If the labor arbitration award is refused to be enforced, it may apply to the court for compulsory enforcement.

    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 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.

  2. Anonymous users2024-02-08

    If the contract is signed, you can go to the nearest labor bureau to apply for arbitration, or consult whether your situation can be arbitrated; If you have not signed a contract, you should go to the nearest court and apply for a civil lawsuit.

  3. Anonymous users2024-02-07

    Legal analysis: Bosses should ask for wages from three dimensions in arrears of wages to migrant workers. The first is for the migrant worker group to sign up for a group to negotiate with the boss. The second is to go to the local administrative department to file a lawsuit, and the third is to go to the labor arbitration authority to request labor arbitration.

    Legal basis: Article 48 of the Labor Law of the People's Republic of China The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record.

    The wages paid by the employer to the employee shall not be lower than the local minimum wage.

    Labor Contract Law of the People's Republic of China

    Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker 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 44 Under any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) if the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

  4. Anonymous users2024-02-06

    First of all, it is illegal to fail to pay labor remuneration within the time limit. If the boss has been in arrears, the employee can file a complaint with the local labor administrative department. According to the provisions of the Labor Contract Law of the People's Republic of China, the labor administrative department has the obligation to order the employer to pay the labor remuneration within a time limit, and if the employer fails to pay the remuneration within the time limit, it shall pay the employee additional compensation according to the standard of more than 50% and less than 100% of the amount payable.

    In addition, the parties can also apply to the local labor arbitration commission for labor arbitration. If the above methods cannot be solved, a civil lawsuit can also be filed with the people's court where the company is located. Regardless of which method is adopted to protect rights, the parties should collect and keep evidence such as salary IOUs, bank statements, and employment certificates in a timely manner to protect their legitimate rights and interests.

    Labor Contract Law of the People's Republic of China

    Article 85: Legal liability for failure to pay labor remuneration or economic compensation in accordance with 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 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 employee's labor remuneration 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.

  5. Anonymous users2024-02-05

    This has no beginning or end, is it trying to explain something? If the boss owes the wages of the migrant workers, it is enough to let the migrant workers go to the local labor department to complain.

  6. Anonymous users2024-02-04

    Boss, if you owe the wages of the migrant worker, then you can go to the labor arbitration department to sue him, you can apply for arbitration, and you will generally win.

  7. Anonymous users2024-02-03

    It is wrong and has no legal basis for the boss to default on the wages of migrant workers, and it must not be in arrears with the wages of others, because the wages are what everyone deserves.

  8. Anonymous users2024-02-02

    If the boss owes the wages of the migrant workers, he can go to the labor arbitration to apply for a lawsuit to recover the wages he deserves.

  9. Anonymous users2024-02-01

    The boss owes migrant workers wages and can go to the local New Year and New **** to complain, and under normal circumstances, a reply will be received within 24 hours.

  10. Anonymous users2024-01-31

    If the boss owes the wages of the migrant workers, it is not allowed now, so the migrant workers can go to the labor bureau to complain to the boss, then the boss will definitely pay the wages.

  11. Anonymous users2024-01-30

    If the boss owes the wages of migrant workers, he should go to the relevant departments to report the problem. Migrant workers' wages cannot be in arrears.

  12. Anonymous users2024-01-29

    If the wages are in arrears, 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, or you can go to the local labor dispute arbitration institution to apply for arbitration, if you are not satisfied with the arbitration, you can also go to the people's court to file a lawsuit and enforce it, and if you can't afford to pay for the lawsuit, you can also apply for a reduction or reduction of litigation fees.

  13. Anonymous users2024-01-28

    You can go to the Labor Dispute Arbitration Committee of the local social security bureau to complain, and they will help you recover the arrears of wages from your boss in accordance with the law.

  14. Anonymous users2024-01-27

    It is very wrong for the boss to owe the wages of migrant workers, and as a migrant worker, you can go to the local labor and social security department and ask them to help and ask for wages.

  15. Anonymous users2024-01-26

    Now the law clearly stipulates the protection of the rights and interests of migrant workers, and the boss can ask for wages owed to migrant workers through convenient legal channels.

  16. Anonymous users2024-01-25

    As a migrant worker, it is difficult to support the family with the hard-earned money all year round, and the boss should settle the wages as soon as possible.

  17. Anonymous users2024-01-24

    It's very simple, go directly to the local labor department to complain. At present, the state is cracking down on those who are in arrears with the wages of migrant workers.

  18. Anonymous users2024-01-23

    If the boss owes the migrant workers wages, you can choose to go to the local labor arbitration or the housing and urban-rural development bureau.

  19. Anonymous users2024-01-22

    According to the relevant regulations, if the employer is in arrears of wages, 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 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

  20. Anonymous users2024-01-21

    If the wages are in arrears, then the boss has a problem with the cash flow, so you need to put pressure on the boss so that he can come up with the money, after all, the Chinese New Year is coming soon, and the workers need money to go home.

  21. Anonymous users2024-01-20

    If the boss dares to default on the wages of migrant workers, then he must go to the local labor and social security department to complain, and I believe that this will be resolved.

  22. Anonymous users2024-01-19

    Go directly to your local labor arbitration commission or labor inspection brigade to file a complaint.

  23. Anonymous users2024-01-18

    If the boss owes you, you can negotiate first, and if the negotiation is not appropriate, go directly to the procedure, apply for labor arbitration, and if you want to be stable, you can find a construction site in the fish bubble, and this kind of problem will not occur.

  24. Anonymous users2024-01-17

    Summary. Hello, I am a lawyer at Yinghe Law Firm, and I will answer your question after reading it.

    How to deal with the boss's arrears of migrant workers' wages? It's that the boss has been in arrears with my dad's salary for more than a year, and my dad has not been able to ask for it, so this year I can only helplessly go through the legal process, and the boss who pays my dad their salary also needs to get the company's money to pay, and my dad has been asking the boss to deal with the boss has been ignoring it, so my dad went to the province to sue, because the prosecutor is my dad, so I need my dad to sign and handprint all aspects, but my dad just wants to get their salary, and the boss knows that because the company still owes him more than 3 million, He wanted to ask for his more than 3 million in my father's name, and he kept pressing my dad, and he came to the house to ask my dad to sign and press his fingerprint, but my dad was unwilling, because my dad had been going to him to ask for a salary and he had not acted, and my dad was forced to go to the province to deal with it, and now the boss doesn't deal with it himself, and looks for my dad to be the one to grab it. Generally speaking, the boss owes my dad more than 1 million, and the company owes the boss more than 3 million because my dad went through the judicial process, and the boss wants to get his more than 3 million in my dad's name after he knows it, but if he signs his handprint, my dad may not even get their own money, so my dad won't sign for him, and he has been pressing.

    I was always by my dad's side and asked him to sign with his fingerprint. How to deal with this kind of thing?

    Hello, I am a lawyer at Yinghe Law Firm, and I will answer your question after reading it.

    For this question, you can apply for labor arbitration at the local labor bureau and get your father's salary back.

    As for the boss's own company owes him management, this is the boss's own problem, doesn't your father need to help go? That's more than 3 million.

    Your father only needs to get his salary back, in this case, if your boss is not willing to pay, go directly to the local labor bureau for labor arbitration, and do not need to help her ask for this without the obligation to help him.

  25. Anonymous users2024-01-16

    Under normal circumstances, the parties concerned should first file a complaint with the labor inspection department or apply to the labor arbitration commission for arbitration, and only if they still fail to pay after being urged by the labor administrative department to constitute the crime of refusing to pay labor remuneration, so that it will be useful to report to the police. If it is found that the employer is in arrears of wages to the employee, it can deal with it in the following ways: 1. Negotiate and solve the problem first. 2. If the negotiation fails, you can file a complaint with the labor inspection brigade.

    3. You can apply to the Labor and Personnel Dispute Arbitration Court for labor arbitration. 4. If you are not satisfied with the arbitral award, you may file a lawsuit with the people's court. According to Article 79 of the Labor Law of the People's Republic of China [Mediation and Arbitration] After a labor dispute occurs, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration.

    One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

  26. Anonymous users2024-01-15

    The wages of migrant workers generally have to be appealed to the court in order to resolve the wage issue.

  27. Anonymous users2024-01-14

    Hello, glad to answer for you :

    You can go to the local labor administrative department to complain or apply for labor arbitration directly to the labor arbitration commission

    Interim Provisions on Payment of Wages.

    Article 18 The labor administrative departments at all levels shall 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 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.

    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.

  28. Anonymous users2024-01-13

    Whoever asks you to go, you look for whom, and if it's a salary, then go to the labor bureau.

  29. Anonymous users2024-01-12

    1. Ask the local labor and social security department for help, or report to the labor administrative department (usually the labor management inspection team). �0�2

    The people at all levels above the county (including the county) have set up labor and social security bureaus, and the labor and social security supervision departments are under their jurisdiction. The labor and social security inspection department shall comply with Article 10 of the Regulations on Labor and Social Security Inspection.

    2. The third paragraph is: to inspect the employer's compliance with labor security laws, regulations and rules; Accept reports and complaints about violations of labor security laws, regulations or rules. Paragraph 6 of Article 11 is to supervise the payment of wages to workers and the implementation of minimum wage standards by employers.

    Migrant workers can file a complaint with the local labor and social security supervision department without having to go through the trouble of finding the person in charge of the employer, because the labor and social security supervision department can generally find them and help them recover their wages.

    2. You can also apply for arbitration directly (the arbitration fee is 200-300 yuan, and if you win, all will be borne by the defendant).

    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. Migrant workers must have a legal basis for claiming wages, in other words, they must collect evidence of work in the company or construction site, evidence that the company or construction site did not pay wages, etc. If there is no evidence, they are likely to face the legal consequences of losing the case, and with sufficient evidence, the parties' claims can be supported by the law.

    In addition, 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 specified time, an additional economic compensation equivalent to 25% of the wages and remuneration shall be paid.

    4. Please ask TV stations and other ** to help. At present, many TV stations have set up a ** to help the masses solve the problems of life difficulties and help the masses mediate various disputes. Migrant workers can also call the TV station **** to ask for wages, and many TV stations will help, and the effect is also good.

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