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Report to the labor inspection brigade of the local labor bureau and apply for rights protection. According to the relevant provisions of China's labor law, you can apply to the labor inspection brigade for compulsory enforcement. and compensate for the corresponding economic losses.
According to Article 91 of the 2011 Labor Law of the People's Republic of China, if an employer infringes upon the legitimate rights and interests of an employee in any of the following circumstances, the labor administrative department shall order the employer to pay the employee's wages and remuneration, economic compensation, and may also order the payment of compensation:
1. Deducting or arrears of wages for the worker without reason;
2. Refusal to pay wages and remuneration for extended working hours;
3. The wages of the workers are paid below 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 this Law. I hope to improve it as soon as possible to protect my legitimate rights and interests.
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Hello, if the payment of the laborer's labor remuneration is evaded by means of transferring property, escaping, etc., or having the ability to pay but not paying the laborer's labor remuneration, and the amount is relatively large, and the payment is still not paid after being ordered to do so by the relevant departments, the sentence shall be up to three years imprisonment or short-term detention, and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.
Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.
Where there are acts in the preceding two paragraphs, but serious consequences have not yet been caused, and the laborer's labor remuneration is paid before the public prosecution is initiated, and the corresponding liability for compensation is borne in accordance with law, the punishment may be commuted or waived.
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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 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 people's 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 labor arbitration is not accepted or the arbitration is unfair, a civil lawsuit can also be filed with the court within 15 days, and the court judgment can be directly enforced. Article 50 of the Labor Law of the People's Republic of China stipulates that wages shall be paid to the worker himself on a monthly basis in the form of money.
Wages shall not be deducted or unjustifiably delayed.
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Legal analysis: The solution to the boss's arrears of wages to migrant workers is as follows:
1. Workers can complain to the local labor bureau for labor inspection;
2. The parties 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 settlement and pay the employee's wages in a lump sum on the day of termination or dissolution;
3. Migrant workers can be resolved through litigation.
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 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.
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Summary. 1. Workers can complain to 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 settlement 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.
What should I do if the boss owes migrant workers wages?
1. Workers can complain to 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 settlement 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.
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 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.
There is no contract. It's been almost a year in arrears.
No contract does not affect.
Collect the following evidence that can prove the labor relationship and complain to the labor inspection department: 1. Wage card, wage passbook, wage slip or record confirmed by the unit's seal, and employee roster stamped by the unit; 2. Records of the employer's payment of various social insurance premiums for the employee; 3. "Work Permit", "Service Certificate" and other documents that can prove the identity issued by the employer to the employee; 4. Recruitment records such as the "registration form" and "registration form" filled in by the employee; 5. Kauler record stamped by the employer; 6. Testimony of other workers, etc.
It's just that I didn't sign the job with the boss on the construction site.
If the employer does not sign a labor contract and does not pay the salary, he can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau 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 termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.
Legal analysis. When I came, I did it, and I only gave us half of it at the end of the year, and I didn't give it until now, so I asked what was the best way.
1. Workers can file complaints with the local human resources and social security bureau for labor inspection. 2. You can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request payment of wages. 3. If there is an IOU, you can directly sue the court to demand the payment of the salary amount in the IOU.
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1. What should I do if the boss owes migrant workers wages (1) If you work for an employer, there are three ways to ask for wages: 1. You can complain to the local labor bureau for labor inspection; Pros: Simple way.
Disadvantages: Enforcement may not be very strong in various places; 2. You can apply for arbitration at the local labor bureau and demand payment of wages. If the employment contract is not signed, the employer may also be required to pay double the wages for the absence of the employment contract.
If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments. Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Cons:
Applying for labor arbitration is a labor lawsuit, which has a slightly more procedure and requires professional guidance. 3. Apply to the court for a payment order or directly go to the court to file a labor lawsuit to recover your own wages. (2) If you are working for an individual, it is not considered an employment relationship, and you can directly go to the court to sue the individual boss and demand payment of labor remuneration.
2. Who to call for arrears of migrant workers' wages? 1. The easiest way is to complain to 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" and order it to pay the arrears of wages. 2. In accordance with the provisions of Article 30 of the Labor Contract Law, 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. 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. 4. If the labor arbitration is not accepted or the arbitration is unfair, a civil lawsuit can be filed with the court within 15 days and directly executed through the court judgment. 5. While claiming wages in accordance with the above-mentioned channels, you can also request the employer to pay you additional compensation according to the standard of 50% to 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law.
When you encounter your own wages in arrears, you must first find out whether it is arrears in the legal sense at this time, and it is not that you have not paid wages at the agreed time, which constitutes wage arrears. Generally speaking, within 30 days of the agreed time for payment of wages, in fact, this cannot be considered as such. After that, it is necessary to choose the appropriate way to defend your rights, so that it is possible to recover your salary.
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