How to ask for the salary of the migrant worker, what should I do if the boss says to give the money

A civil lawsuit can be filed in court under the employment contract.

If the amount is relatively large, he may be found guilty of refusing to pay remuneration for his labor.

1. Hello, because you work on the construction site, you form a labor contract relationship with the boss who lets you work. 2. The labor relationship is legal and valid, and shall be protected by relevant laws and regulations; You shall all perform the corresponding obligations in good faith in accordance with Article 60 of the Contract Law; The boss's behavior of defaulting on your labor remuneration is obviously a breach of contract; 3. According to Article 7 of the Interim Measures for the Administration of Wage Payment of Migrant Workers in the Construction Field, enterprises shall pay wages directly to migrant workers themselves, and it is strictly forbidden to pay wages to "contract foremen" or other organizations and individuals who do not have the qualifications of the employing entity.

At the same time, according to the "Interim Measures for the Administration of Wage Payment of Migrant Workers in the Construction Field" X.

2. The general contractor shall not contract or subcontract the project to an organization or individual that does not have the qualifications of an employing entity in violation of regulations, otherwise it shall be jointly and severally liable for paying off the arrears of wages. 4. As long as your boss does not have the contracting qualifications and does not pay you a salary, you can directly go to the company with contracting qualifications above him to ask for wages. Or list them as co-defendants.

5. According to Article 107 of the Contract Law, if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. So, you can ask the boss to continue to fulfill the contract and pay your salary; 6. If the boss has the contracting qualifications, you can directly sue the boss for payment of wages, and if the boss does not have the contracting qualifications, you can list the boss and the company with the contracting qualifications as co-defendants and require them to bear joint and several liability. After the judgment is pending, the application for compulsory enforcement.

7. If in this case, you have established a labor relationship with a qualified unit, then you can directly go to the unit and ask for payment of wages, and those who do not pay can directly go to the court to sue or protect their rights through other means.

Legal Analysis:1The easiest way is to file a complaint with the local labor law enforcement inspection brigade, who will supervise and inspect the employer in accordance with the "Labor Security Supervision Regulations" and order it to pay the arrears of wages.

2.You can apply for arbitration at the Labor Dispute Arbitration Commission and demand payment of wages. If you do not have an employment contract, you can demand double the wages of the unsigned employment contract.

If the employee relationship is terminated, he or she may also request the payment of severance compensation. 3.Part-time work for a private boss is also considered an employment relationship, collect evidence of working for a private boss, and then go directly to the court to sue the individual boss for labor remuneration.

4.If you don't have an IOU or a labor contract, you can also entrust a lawyer to negotiate for you to ask for wages or send a lawyer's letter to recover.

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

Article 46 The distribution of wages shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented. The level of wages has been gradually raised on the basis of economic development. The state implements macroeconomic regulation and control over the total amount of wages.

Article 47 An employer shall, on the basis of the characteristics of its production and operation and its economic benefits, independently determine the wage distribution method and wage level of its unit in accordance with law.

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.

If the employer goes bankrupt, the employee's wages will be settled first, and the wages of the workers will be settled first. Article 77 of the "Labor Contract Law" stipulates that if a worker's legitimate rights and interests are infringed upon, he or she has the right to request the relevant department to handle the matter in accordance with the law, or to apply for arbitration or file a lawsuit in accordance with the law. Article 70 Trade unions safeguard the legitimate rights and interests of laborers in accordance with the law and supervise the performance of labor contracts and collective contracts by employers.

If an employer violates labor laws, regulations, labor contracts, or collective contracts, the trade union has the right to submit opinions or request corrections; Where a worker applies for arbitration or initiates a lawsuit, the trade union shall provide support and assistance in accordance with law. Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; 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 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 this Regulation.

Article 44 A labor contract shall be terminated under any of the following circumstances: :(1) The labor contract expires(2) The worker begins to enjoy basic pension insurance benefits in accordance with the law;(3) The worker dies, or is declared dead or missing by the people's court;(4) The employer has been declared bankrupt in accordance with law;(5) The employer's business license has been revoked, ordered to close down, revoked, or the employer has decided to dissolve ahead of schedule(6) Other circumstances provided for by laws and administrative regulations.

It is illegal for an employer to fail to pay an employee's remuneration in accordance with regulations, and the employee may apply to the people's court for a payment order.

Legal basis: Yu Zao.

Article 30 of the Labor Contract Law of the People's Republic of China stipulates that an employer shall, in accordance with the provisions of the labor contract and state regulations, pay the labor remuneration to the employee 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.

Legal analysis: It is illegal for an employer to fail to pay an employee's remuneration in accordance with the regulations, and the employee may apply to the people's court for a payment order.

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee 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.

It is illegal for an employer to fail to pay the employee's remuneration in accordance with the regulations, and the employee may apply to the People's Yuzao Court for a payment order.

1. Whether it is illegal to press three days of wages and not pay them.

It is illegal to press three days' wages and not give them. If an employer illegally deducts the wages of a worker from an employee, and if the employer defaults on 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.

The three-day salary is processed as follows:

1. Report to the labor administrative department;

2. You can also apply for arbitration directly

3. If you are not satisfied with the arbitration result, you can file a lawsuit in the court within 15 days after getting the arbitration letter

4. In addition to the full payment of the wages and remuneration of the worker within the specified time, an additional economic compensation equivalent to 25% of the wage remuneration shall be required.

2. Whether it is legal to be absent from work without pay.

The wages during the normal working period still need to be paid, and the employer cannot deduct the wages that should be paid for the whole month because of absenteeism.

Article 30 of the Labor Contract Law stipulates that the employer shall pay the employee labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract and the provisions of the state. 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.

3. How to protect your rights if you are owed wages by the company.

If you are owed wages by the company, you can protect your rights as follows:

1. The worker can negotiate with the employer;

2. Workers can complain to the labor administrative department;

3. The worker may apply to the local people's court for a payment order in accordance with the law;

4. The employee may file a labor arbitration to require the employer to pay the arrears of wages and remuneration and economic compensation equivalent to 25% of the salary;

5. If they are not satisfied with the ruling, they may also file a lawsuit with the people's court.

Article 30 of the Labor Contract Law of the People's Republic of China stipulates that an employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee 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.

The methods for the boss to get back the wages without paying the wages are as follows:

1. If the wages are in arrears, you can complain to the security supervision brigade of the labor department, or you can directly apply for labor arbitration;

2. First of all, you should go to the labor bureau in the city where you are located to complain to the company, and the labor inspection brigade will file a case on this, leave your basic information, and then go to the company to investigate and understand, and the matter will come forward to mediate, and warn the company that the company's behavior has violated the labor law, and the company will enforce it if it refuses to implement it.

Article 85 of the Labor Contract Law of the People's Republic of China.

Legal Liability for Failure to Pay Labor Remuneration and Economic Compensation in Accordance with Law] 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 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 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 this Regulation.

Legal Analysis: The easiest way is to file a complaint with the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the "Labor and Social Security Supervision Regulations" in accordance with the law, and order it to pay the arrears of wages. Complaints and reports** Consult the local labor department for details.

or defend Oaks in labor arbitration and file a lawsuit.

Legal basis: Labor Contract Law of the People's Republic of China Article 30 If an employer is in arrears or fails to pay labor remuneration in full, the worker may apply to the local people's court for a payment order for the shortage of feet and stoves in accordance with the law, and the people's court shall issue a defense payment order in accordance with the law.