How do migrant workers get their wages in arrears? What can I do to get it back quickly?

How do migrant workers get their wages in arrears? What can I do to get it back quickly? For migrant workers, the hard-working salary has not been paid, and the inner taste is really uncomfortable, and at the end of the year, you can not go home empty-handed for the New Year, so sometimes it is very difficult for migrant workers to ask for wages on the road.

In recent years, there have been more and more reports of migrant workers not getting wages, migrant workers have always belonged to the disadvantaged groups, and the problem of migrant workers not getting wages has long been hot in the society, and it has also received great attention from the middle, and the relevant units of the state are also adopting relevant solutions, so when faced with the situation of the boss's arrears of wages, we must maintain a rational attitude and deal with things rationally. Migrant workers can not get their wages, if the boss has an IOU, it is generally legally effective and supervised, and the migrant worker can take the IOU in his hand to the court to litigate, as long as there is no problem with the IOU, generally speaking, the arrears of wages can be returned.

Generally, when an employer hires an employee, there is usually a contract to sign, and if you have worked for a girl, there will be legal facts. If you carry out the work in accordance with the regulations in the course of the work, the other party will have to pay the arrears. If the migrant worker's salary is always owed and cannot be resolved through negotiation with each other, and the negotiation still cannot be resolved, then certain conclusive evidence is required to have an employment relationship with the other party, and then apply for arbitration.

For migrant workers, no matter at any time of work, they must also have a certain legal concept, and they must have formal equal pay for equal work, because there is formal equal pay for equal work, generally speaking, the other party's arrears of wages can be recovered through laws and regulations, therefore, migrant workers must learn to use laws and regulations to protect their legal rights.

If the salary is always owed and not received, migrant workers may feel hopeless in life, and generally choose some extreme ways to deal with it, this childish and very incorrect way not only can not get the salary, but also may cause harm to themselves, so we must try to use laws and regulations to protect their legal rights and protect their legitimate rights and interests.

If there is a labor dispute mediation committee in the unit, you can apply for mediation. Signing a labor contract can make the wage negotiation evidence-based, ask the local labor and social security department for help, or report to the labor administrative department.

The first method is to file a complaint with the Labour Inspectorate. Once a complaint is filed, relevant personnel will soon come to verify the situation, and what you need to pay attention to is to keep good evidence, such as attendance records, piecework records and performance records, etc., which will help migrant workers quickly and effectively get their arrears of wages.

First of all, you can try to find the employer's trade union or the employer, negotiate with them, and if this does not work or is refused, then use other methods. Signing a labor contract can make the salary negotiation more evidence-based.

1. Sign a formal labor contract.

If there is no labor contract, it does not mean that there is no salary to negotiate, migrant workers should pay attention to collecting usual evidence to prove that there is a labor relationship between each other, such as the usual entry and exit card of the workplace, attendance records, ** recordings, past pay slips and various transfer records, etc., once verified, for the unit that has not signed the labor contract, migrant workers have the right to require them to pay double wages.

2. Master the channels for rights protection.

The black-hearted boss is most afraid of three ** and two rights protection channels, the three ** are: 12333 (labor security customer service** (trade union rights protection**) and 12348 (legal services**).

There are two channels for rights protection: one is the local labor bureau; Second, the Office of the Leading Group for the Work of ***** Wage Arrears for Migrant Workers has opened a national platform for reflecting clues on wage arrears, which can be searched for a client applet in WeChat to reflect clues on wage arrears.

Once a dispute occurs at work, you can avoid taking fewer detours to protect your rights, so as to get your own labor fees quickly and timely.

3. Make full use of legal terms.

The state has done a lot of work in the protection of migrant workers' wages, and Article 85 of Chapter 11 of the Labor Law stipulates that the labor administrative departments of the people's ** at and above the county level shall supervise and inspect the employer's compliance with labor laws and regulations in accordance with the law, and have the right to stop and order corrections to violate labor laws and regulations.

In the "Regulations on Guaranteeing the Payment of Wages to Migrant Workers", there are also very detailed provisions on the payment of wages to migrant workers, which are strong laws for migrant workers to protect their rights.

In addition, the latest "Interim Measures for the Management of the List of Targets for Joint Disciplinary Action for Untrustworthiness in Arrears of Migrant Workers' Wages" formulated and promulgated by the Ministry of Human Resources and Social Security stipulates that from January 1, 2022, employers who deduct or default on migrant workers' wages without reason may enter the "blacklist" of untrustworthiness, and all units that enter the "blacklist" will be restricted in many areas in the future.

So many policies, laws and channels escort migrant workers to ask for wages, while giving migrant workers enough confidence to ask for wages, it also gives people a question, why do migrant workers who earn money with strength and have limited wages always become victims of wage arrears, is it because they are easy to bully? Now with the escort of these measures, the "black-hearted" bosses can stop.

You can go directly to some local departments to prosecute, or you can directly report to the police, or you can directly go to the labor bureau to report. You can directly call the police, you can directly find the labor department, you can directly sue the company, you can notify some**, so that you can get your salary back.

The evidence should be found and then the complaint should be filed. You can go to some local relevant departments to report, you can defend your rights in the labor bureau, you can also directly go to some state organs to prosecute, you can also directly report to the police, or you can directly appeal to some relevant departments.

You can go directly to the boss to go to the court to appeal, you can go to the labor bureau to include the relevant labor contract for settlement, or you can go to the people's court.

You can try all of the following methods to see which one works the fastest!

2. How to reflect the clues of arrears of wages:

1. The Ministry of Human Resources and Social Security recently opened a special column of "** Wage Arrears in Progress", in which "Clues on Arrears of Migrant Workers' Wages" opened a special mailbox to collect clues on arrears of migrant workers' wages.

**2. You can also call the report of the human resources and social security supervision agencies in various places to complain, and some areas have also opened a webpage, e-mail, mobile phone client, WeChat *** and other reporting methods: people's Weibo.

3. The China Legal Service Network has opened a "Green Channel for Migrant Workers and Wage Arrears to Help Help", so that friends in need can seek help through legal consultation, and can also directly report the problems of wage arrears encountered. **。

Article 10 of the Legal Aid Regulations stipulates that citizens may apply to legal aid institutions for legal aid if they do not have a client due to financial hardship for the following matters:

Requests for state compensation in accordance with law;

Requests for social insurance benefits or minimum subsistence security benefits;

Requests for the payment of pensions or relief funds;

Requests for alimony, child support, or alimony;

Requests for payment of labor remuneration.

The fifth point is in line with the worker's salary, so a lawyer can be hired free of charge.

Information required for legal aid:

ID card or other valid identity certificate, ** applicant should also submit proof of ** right;

Proof of financial hardship;

Case materials related to the application for legal aid.

Legal Aid** Search: Apply to the Legal Aid Centre (or Judicial Bureau) where the site is located.

1. If a worker encounters a situation of arrears of wages by the unit or boss in the course of work, he can choose to file a complaint with the labor inspection brigade.

2. They will inspect and supervise the employer in accordance with the regulations on the supervision of the pre-labor guarantee and order it to pay the arrears of wages.

3. Apply for labor arbitration directly to the local labor administrative department, and claim compensation from the unit or Yanleadqing Company through the award issued by the labor arbitration, and if you still do not pay compensation, 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 be filed with the court within 15 days and the court judgment can be enforced.

I have been engaged in human resources work for many years, and I have also communicated with enterprise leaders, and some enterprises will pay migrant workers' salaries in a timely manner and purchase social insurance for migrant workers in line with the business philosophy of "people-oriented"; In the eyes of some enterprises, they think that migrant workers lack legal awareness, and they are not very clever about some legal contracts, and they are more likely to be fooled. Even the signing of yin-yang contracts has increased the difficulty of arbitration in the later stage, so that many of them have a large number of wage arrears, and even squeezed the labor force of migrant workers, resulting in more than 12 hours of working hours a day. Just ask how many people are as wide as workers, and the brothers have purchased social insurance.

2.Recently, many enterprises are facing a large number of layoffs, business operations are struggling, many enterprises are facing this triangular debt situation, it is difficult to collect money, and it is difficult to pay some wages, there will be a large number of migrant workers in arrears, and even enterprises can not pay wages when they go bankrupt.

3.Migrant workers find a relatively narrow information channel, they are also facing the stage of the old and the young, they are relative to some jobs, as long as the salary is okay, the salary is in arrears but it is not not not paid, so they will continue to do it here, to many employers to cause some of you to leave me can not live, so for the payment of wages to employees can be delayed.

4.The wages of migrant workers are always due to farming, and the problems left over from history cannot be completely solved, and at the same time, new problems are constantly emerging.

Always try all kinds of ways to calculate interest and default on the wages of migrant workers.

On the whole, migrant workers have a low level of education, a relatively weak sense of law, and relatively few ways to ask for wages, so it is difficult to have a relatively perfect method for asking for wages.

Migrant workers are sometimes afraid that it will be more difficult to get the money they deserve after the conflict intensifies, so they are generally more low-key and gentle when asking for wages.

Many migrant workers lack the corresponding contract when they work, so that there is no formalities that can be taken out after the work is done.

Wages are paid monthly, and it is illegal to pay them every other month, and it is legal to pay this month's wages next month.

Article 50 of the Labor Law: Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Article 7 of the Interim Provisions on the Payment of Wages stipulates that wages must be paid on the date agreed between the employer and the employee. Workers who are in arrears of wages, do not pay wages, or deduct wages can call 12333** to complain, which is the ** of the Human Resources and Social Security Bureau.

You can also file a complaint with the Labor Bureau's Inspection Brigade.

If the company fails to pay labor remuneration on time, the employee can resign and ask for financial compensation. The worker may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages. If the labor arbitration award is refused to be enforced, it may apply to the court for compulsory enforcement.

Article 85 of the Labor Contract Law: 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 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.

Go to the boss's office and fry the chili.

According to Article 80 of the Labor Contract Law, if the rules and regulations of an employer directly related to the vital interests of the employee violate the provisions of laws and regulations, the labor administrative department shall order it to make corrections and give it a warning; If any damage is caused to the worker, he shall be liable for compensation. 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 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. In this way, as soon as your unit is reported, it will be miserable. If you don't have a labor contract, it's even worse if you don't get Article 82.

If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.