The construction site is in arrears of workers wages, and if the workers win the lawsuit, can they

If the construction site owes the wages of the workers, and the workers win the lawsuit, then you can ask the boss for a late fee, after all, the boss is in arrears of wages, then the funds will also generate interest, so it is also reasonable to ask for a late fee, and you can ask the boss for payment.

Asking for wages, you can do that.

At work, have you ever encountered a situation where your boss did not pay your salary? How do you solve this situation? Perhaps many people do not know what to do when they encounter such a situation, how to get their wages back.

Next, let's tell you the solution to the boss's non-payroll.

1. Wage arrears without reason.

Article 50 of the Labour Law stipulates that "wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

The term "unjustified arrears" here should be understood to mean that the employer deliberately fails to pay the employee's wages within the specified time without justifiable reasons. The Ministry of Labor's "Supplementary Provisions on Issues Concerning the Interim Provisions on the Payment of Wages" has made an exclusionary provision for "unjustified": "unjustified" wages of workers do not include:

1) The employer is unable to pay wages on time due to natural disasters, wars and other reasons that are not resisted by human resources;

2) The employer is affected by production and operation difficulties and capital turnover;

After obtaining the consent of the labor union of the unit, the wages of the workers may be temporarily overdue, and the maximum limit of the extension period may be determined by the labor and social security administrative departments of each province, autonomous region or municipality directly under the Central Government in accordance with the local situation. In all other cases, unjustified arrears of wages are non-refundable.

Second, the solution.

1. For this kind of illegal behavior, 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" in accordance with the law, 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 employee 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 the above ways, 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.

First of all, it is certain that it is illegal for the boss not to pay wages, and at this time, employees can protect their rights and interests through some legal channels, such as complaining to the labor inspection department, applying for labor arbitration, filing labor lawsuits, etc. No matter what means are used to ask for wages, all employees must not act impulsively.

This should be raised in the lawsuit, and it should not be a late fee but include interest, lost work expenses, transportation expenses, etc., and if it has been adjudicated, it is basically not supported.

Yes, it is better to go in 2 steps, first to get the salary in hand, and then ask for the payment of late fees, which is better.

Yes, if there is sufficient evidence, you can claim your legitimate rights and interests, don't be afraid of trouble, the law can protect workers!

Can a worker who is in arrears of wages on the construction site ask the boss for late payment if he wins a lawsuit, that is, you mean a late fee, you can ask for it, and you should bring it up when you go to court.

You can claim late fees from your boss, and you can file a lawsuit through a lawyer along with the prosecution process. This is reasonable, reasonable, and legitimate.

Again, this is not a payment, and there are no late fees. However, in the case of a lawsuit, a claim for compensation is filed.

If you win the lawsuit, it's good to get your salary back.

Legal analysis: If the construction site boss is in arrears of wages, the worker can complain to the labor administrative department or apply to the arbitration commission for arbitration.

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) Failure to pay the labor report 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. Arrange overtime and do not pay overtime pay;

4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

Legal analysis: If the construction site boss is in arrears, the worker can complain to the labor administrative department or apply for arbitration to the arbitration commission to claim wages.

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 laborer in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state of the waiter;

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.

1. If the arrears of wages have been subject to labor arbitration, a lawsuit may be filed with the court, and the specific procedures are as follows:

1. Prepare the complaint and proof of arrears of wages to the court where the employer is located or the place where the labor contract is performed to file the lawsuit;

2. If the conditions for filing a case are met after the court's review, the case shall be filed and accepted;

3. After the court accepts the complaint, the complaint will be served on the defendant, the defendant will make a written defense, and the two parties will exchange evidence;

4. ** trial, mediation or judgment through court investigation, evidence presentation and cross-examination, debate between the two parties, etc.

2. The legal basis is Article 21 of the Law on Mediation and Arbitration of Labor Disputes.

The Labor Dispute Arbitration Commission is responsible for the jurisdiction of labor disputes occurring in the region.

Labor disputes shall be under the jurisdiction of the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located. If both parties apply to the labor dispute arbitration commission at the place where the labor contract is performed and the place where the employer is located for arbitration, the labor dispute arbitration commission at the place where the labor contract is performed shall have jurisdiction.

3. Article 8 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases.

The basic level people's court at the place where the employer is located or where the labor contract is performed shall have jurisdiction over cases of deferred labor disputes.

If the place of performance of the labor contract is not clear, the basic people's court at the place where the employer is located shall have jurisdiction.

If the construction site boss is in arrears of wages, the workers can complain to the labor administrative department or apply for arbitration at the arbitration commission. According to 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; Labor remuneration is lower than the local minimum wage; Late payment is not made.