What should I do if I am not given the arrears of wages on the construction site?

The employee can apply for labor arbitration to demand payment of the arrears of wages from the employer.

How to Apply for Labor Arbitration:

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 the employee is not satisfied with the award, he or she can sue the court;

3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.

Article 50 of the Labor Law of the People's Republic of China 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 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels 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.

It doesn't matter if you don't have a labor contract, you can also have witnesses and relevant proof of labor relations, mainly to sue him.

Fight a lawsuit or apply for mediation. However, the premise is that you have signed an employment contract.

The worker may request the labor administrative department to order the employer to fail to pay, or may apply for arbitration, file a lawsuit, or apply to the court for a payment order in accordance with the law.

Legal basis: Labor Law of the People's Republic of China

Article 91.

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 the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation: (1) Withholding or failing to pay the wages owed to the worker without reason; (2) Refusal to pay wages and remuneration for extended working hours; 3) Paying wages to workers at a rate lower than the local minimum wage. (4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.

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 77.

If the lawful rights and interests of a worker are infringed, he or she has the right to request the relevant department to handle it in accordance with the law, or to apply for arbitration or file a lawsuit in accordance with the law.

Article 85.

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 according to the standard of 50% to 100% of the amount payable: (1) Failure 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 lower than the local minimum wage standard; (3) Arrange 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.

The solution to the arrears of wages on the construction site is as follows:

1.The easiest way to do this is to file a complaint with the local Labor Law Enforcement Inspection Brigade. They will supervise and inspect the employer in accordance with the Regulations on Labor and Social Security Supervision and order it to pay the arrears of wages.

2.According to Article 30 of the Labor Contract Law, if an 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 sign the payment order in accordance with the law.

3.The most effective way is to apply directly to the local labor administrative department for labor arbitration (no fees, no lawyers), and claim compensation from the employer through the award issued by the labor arbitration. If the compensation is not paid, you can apply to the court for enforcement.

4.If the labor arbitration is not accepted or the arbitration is unfair, a civil lawsuit can also be filed with the court within 15 days and directly enforced through the court judgment.

5.At the same time, according to Article 85 of the Labor Contract Law, you can request the employer to pay you additional compensation according to the standard of between 50% and 100% of the amount payable.

Article 30 of the Labor Contract Law [Labor Remuneration] The employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the labor contract and state regulations.

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.

According to the laws of our country, excluding the force majeure factor, the company owes wages for more than one month, which is considered an illegal act. Workers can file a complaint with the labor inspectorate and apply for labor dispute arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Legal basis: Article 91 of the Labor Law of the People's Republic of China If an employer infringes upon the legitimate rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the payment of wages and remuneration and economic compensation to the worker, and may order the payment of compensation

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages and remuneration for extended working hours to those who are motivated by labor;

3) Paying wages to workers at a rate lower than the local minimum wage.

(4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this 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.

If the wages are not paid at the construction site, they can complain to the labor administrative department or directly apply for labor arbitration. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter. According to the 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 the employer to pay the employee'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 for extended working hours;

3) Paying wages to workers at a rate lower than the local minimum wage standard;

4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of the law.

1. If you don't sign a contract for a week of work, you won't be paid.

As long as the employee provides labor services to the employer, the employer shall pay the employee remuneration regardless of whether the labor contract has been signed or not, and if the employer does not pay, the employee can file a complaint with the labor management department.

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 who has failed to do so, the labor administrative department shall order it to pay wages and economic compensation to the employee, and may also order it to pay compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages for extended working hours;

2. Under what circumstances is the employer ordered by the labor administrative department to pay wages and remunerations?

According to 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 the employer to pay the worker's wages and remuneration, economic compensation, and may also order the payment of compensation: (1) deducting or defaulting on the employee's wages without reason; (2) Refusal to pay wages and remuneration for extended working hours; 3) Paying wages to workers at a rate lower than the local minimum wage. (4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.

Article 9 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes stipulates that if an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, regretting hunger or defaulting on medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with the law. Article 17 of the "Regulations on the Supervision of Labor Security" stipulates that the investigation of violations of labor security laws, regulations or rules by the labor security administrative department shall be completed within 60 working days from the date on which the case is filed. 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.

It is possible to file a complaint with the labour inspectorate about such violations. It is also possible to apply to the labor arbitration commission for labor arbitration. Mammoth liquid.

1. There is no labor contract but pension insurance has been paid.

Regardless of whether or not a contract has been signed with the employer, social insurance should be paid. Paying social security is a legally defined obligation. Not signing a contract and paying insurance are actually two different things, and you can still pay social security without signing a contract.

The law stipulates that as long as the labor relationship exists, the enterprise must fulfill the obligations stipulated in the labor law. If the employee does not actively perform the performance, the employee may file a complaint with the labor inspection department. Therefore, even if there is no employment contract, at least a formal employment relationship has been established, the employer should bear the responsibility of paying social insurance.

If the employer pays social insurance on time and in full, the employee can file a complaint with the labor inspection department. Of course, if the situation is more serious, for example, most employees are subjected to this kind of treatment, then it is recommended to pay attention to collecting relevant evidence in a timely manner and apply for labor arbitration to resolve it.

2. The fastest and most direct solution to the arrears of wages for migrant workers.

China's labor law stipulates that, under normal circumstances, migrant workers who are owed wages can negotiate directly with their employers, telling them that it is illegal to pay wages in arrears. You can file a complaint with the local labor administrative department and report the employer's wage arrears. You can also apply for labor arbitration at the local labor arbitration commission and seek legal advice.

In addition, the employer may also report to the local public security organ that the employer has refused to pay wages and remuneration.

3. Which department is the most effective to find in arrears of wages.

It is illegal to pay back wages. Employees can file a complaint with the local labor inspection department and demand payment of their unpaid wages. If the employer deducts or defaults on the employee's wages, the worker may file a complaint with the Labor and Social Security Supervision Brigade against the employer.

You can also directly apply for labor arbitration to demand payment from Li He.