My dad is a contractor, and the boss owes my dad his wages and has always shirked his wages

Looking at the "Interim Provisions on the Payment of Wages" and the "Supplementary Provisions on Issues Concerning the Interim Provisions on the Payment of Wages," there are clear definitions for arrears and deduction of wages. If the arrears or deduction of labor remuneration or wage increase may be resolved in accordance with Article 1 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts or Article 1 of the Labor Contract Law. The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department.

If you have not signed a labor contract, the employer shall pay you double your salary, make up social insurance, and pay economic compensation for the termination of the labor relationship (see Article 1 and Article of the Labor Contract Law and the Regulations for the Implementation of the Labor Contract Law for details). The key point is evidence, which requires evidence that you have an employment relationship with the employer. As for the number of hours worked, the monthly salary, etc., the employer can prove it by using the principle of "reversal of the burden of proof", and if the employer cannot prove it, it will bear adverse consequences.

Reversal of the burden of proof" is widespread in the field of labor law. Article 1 of the Law on Mediation and Arbitration of Labor Disputes, Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I), Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III), Article 1 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, and Article 1 of the Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations. Wage payment vouchers, social security records, recruitment registration forms, name lists, attendance records, etc., can all require the employer to bear the burden of proof.

If you want to fully protect your legitimate rights and interests, it is recommended that you read the Labor Law, the Labor Contract Law, the Regulations for the Implementation of the Labor Contract Law and the Social Insurance Law, so that you can know what aspects the employer has infringed on your rights and interests. For details of the time of payment of wages when the labor contract (or labor relationship) is terminated, please refer to Article 0 of the Labor Contract Law. If the payment is not made on time, it may be handled in accordance with Articles 10 and 10 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts or Article 1 of the Labor Contract Law.

The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department. Special reminder: Look at me above, you must find the content involved in the title of the book, so that you can fully understand what I mean.

My space has the above mentioned legal provisions, which you can check out.

Legal analysis: 1. It is recommended to file a complaint with the labor inspection department. 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.

2. The investigation of violations of labor security laws, regulations or rules by the administrative department of labor and social security shall be completed within 60 working days from the date of filing the case; If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.

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 the unit through the award issued by labor arbitration, and if it is not compensated, it can be applied to the court for enforcement.

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.

Legal analysis: 1. Workers can complain, apply for arbitration and file lawsuits. 2. In the event of a dispute between the parties and 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.

3. If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration, and if he is dissatisfied with the arbitration award, he or she may file a lawsuit with the people's court.

Basis of the law: Article 79 of the Labor Law of the People's Republic of China After the occurrence of a labor dispute, 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.

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.

Legal analysis: If the labor contract is not signed and the site boss is in arrears of wages, the worker can claim wages in the following ways: 1

The employee may negotiate with the employer, or ask the employer or a third party to negotiate with the employer to reach a settlement agreement. 2.If the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, the worker may apply to the mediation organization for mediation; 3.

If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If the applicant is dissatisfied with the arbitral award, he or she may also file a lawsuit with the people's court. If the other party still does not pay after the court makes a judgment, the employee may apply to the court for compulsory enforcement. If no employment contract has been signed, the employee may prove the existence of an employment relationship between the two parties by providing the following evidence:

1.Application registration form, employment registration form, employment notice, sail trembling interview notification SMS, etc.; 2. Work clothes, access cards, brands, work permits, technical certificates, professional certificates and other documents that can prove the identity of the job; 3. Payslip and salary income certificate.

Social insurance records, enterprise annuity certificates, housing provident fund bills or other wage payment records, etc.; 4.Punch-in records, Kauler records, overtime notices, etc.; 5.Testimonies of other workers.

Legal basis: Article 5 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration 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; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Under normal circumstances, there is a labor relationship between the worker and the contractor, and the contractual relationship between the contractor and the company is one, and the worker cannot directly ask the company for wages. However, if the company is in arrears of contract payments or cannot find a contractor to solve the problem, the company is jointly and severally liable, and the worker can claim the arrears of wages through labor arbitration. The basic steps are as follows:

1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing)!

2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If we are not satisfied with the ruling, we can sue the court.

Whether it is the contractor who is in arrears of wages, or the contractor who runs away or is missing, you can directly ask the company for it. Because the project was contracted by the company, the contractor was just a leader in the work. Moreover, according to the current national policy, each company must set aside a part of the money in the company as a wage deposit, in case the contractor does not give money.

Yes, you can also report to the labor department or apply for labor arbitration.