What should I do if the contractor of the construction site owes the wages of migrant workers?

Directly submit labor promotion to the labor arbitration department. 1. It must be explained that the labor relationship between the migrant worker and the contractor is formed (not a cooperative relationship, because the IOU of the contractor says that it is owed "project money"), which is very important, if it is a cooperative relationship, it is an economic dispute and not a labor dispute, and the economic dispute belongs to the court;

2. It must be emphasized that since the contractor, the migrant workers complete the project according to his work requirements and accept his daily management and personnel deployment (this is in line with the first point above);

3. For the proof, it can be explained: 1. The existence of the fact of the labor relationship and the time of establishment; Second, the contractor failed to pay labor remuneration in accordance with the law (when applying for labor arbitration, it must be indicated that the contractor is required to pay wages, not "project money");

4. If the labor department accepts the application, the contractor can also apply for compensation for failing to pay wages in time.

Legal Analysis:1An application for a payment order may be made to the local people's court in accordance with the law.

2.The subcontractor above the contractor shall be jointly and severally liable for the arrears of wages, and the subcontractor shall be required to bear the obligation to pay wages.

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.

Article 12 of the Interim Measures for the Administration of Wage Payment of Migrant Workers in the Construction Field.

The general contractor shall not contract or subcontract the project to an organization or individual that does not have the qualifications of the employing entity in violation of regulations, otherwise it shall be jointly and severally liable for paying off the arrears of wages. If the contractor is a company or a natural person without contracting qualifications, the migrant worker may seek the subcontractor above the contractor to bear joint and several liability for the arrears of wages, and require the subcontractor to bear the obligation to pay wages.

If the contractor fails to reach an agreement and the contractor is still in arrears, the migrant worker may file a complaint with the labor inspection brigade or seek arbitration from the labor dispute arbitration commission, and if the migrant worker is not satisfied with the arbitration result, the migrant worker may also file a lawsuit with the people's court. Migrant workers should take legal measures to protect their rights and interests and actively seek legal assistance.

Where a sentence is met in accordance with article 276 of the Criminal Law, one article is added after article 276 of the Criminal Law, as article 276-1: "Where the payment of laborers' labor remuneration is evaded by means such as transferring property, escaping, or other means, or having the ability to pay but not paying laborers' labor remuneration, and the amount is relatively large, and the payment is still not made after being ordered to do so by the relevant departments, a sentence of up to three years imprisonment or short-term detention is to be given, 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.

It is best for migrant workers to ask for wages collectively, not individually, otherwise they are easy to suffer losses and be bullied by the contractor. At present, there are very few contract foremen who are in arrears of wages, unless they are very compensated for their own projects, and there is no money to pay wages. If the contractor deliberately defaults on payment of wages, then the migrant workers must take up the law to protect their rights and interests.

You can seek free legal aid, find a lawyer or help from the relevant authorities.

Go to the labor committee, or the federation of trade unions, they will help you solve the problem, or find all the workers, go to the police station to report the case, and then find a lawyer to sue him, and the court will enforce it after the judgment takes effect.

If the contractor is in arrears of wages, he will go directly to a civil lawsuit. Institutions can go to litigation, this method is the simplest and most efficient, otherwise go to ** for ** in this way is also a way to solve.

Appeal to it through reasonable legal channels, resolve it through legal means, and not use force to solve the problem in a similar way as blocking the door.

Wage arrears are illegal, and workers can file a complaint with the local labor inspection brigade or apply for labor arbitration to protect their legitimate rights and interests.

What should I do if the contractor owes migrant workers wages? Contractors are not allowed to owe migrant workers' wages, and you can go to the local labor arbitration department to apply to the labor department for settlement.

The contractor can go to the court to sue the boss if he owes the wages of migrant workers!

Call the police and the police will take care of it.

Legal analysis: You can report to the local labor law enforcement department, and the law enforcement inspectors of the labor department will help coordinate and solve the problem; You can also go to the labor dispute arbitration institution in various places to apply for arbitration, and if you are not satisfied with the arbitration, you can also go to the people's court to sue and enforce it.

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 order the payment of compensation: (1) deducting or delaying the worker's wages without reason; (2) Refusal to pay wages and remuneration for extended working hours; (3) Paying wages to workers 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 this Law.

Directly submit labor promotion to the labor arbitration department.

1. It must be explained that the labor relationship between the migrant workers and the contractor is formed (not a cooperative relationship, because the IOU of the contractor is said to be owed "project money"), which is very important, if it is a cooperative relationship, it is an economic dispute and not a labor dispute, and the economic dispute belongs to the court;

2. It must be emphasized that since the contractor, the migrant workers complete the project according to his work requirements and accept his daily management and personnel deployment (which point is in line with the first point above);

3. For the proof, it can be explained: 1. The existence of the fact of the labor relationship and the time of establishment; Second, the contractor failed to pay labor remuneration in accordance with the law (when applying for labor arbitration, it must be indicated that the contractor is required to pay wages, not "project money");

4. If the labor department accepts it, it can also apply for compensation for the failure of the contractor to pay wages in time.

Legal analysis: You can report to the local labor law enforcement department, and the law enforcement inspectors of the labor department will help coordinate and solve the problem; You can also go to the labor dispute arbitration institution in various places to apply for arbitration, and if you are not satisfied with the arbitration, you can also go to the people's court to sue and enforce it.

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 order the payment of compensation: (1) deducting or delaying the worker's wages without reason; (2) Refusal to pay wages and remuneration for extended working hours; (3) Paying wages to workers 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 this Law.

Legal analysis: You can report to the local labor law enforcement department, and the law enforcement inspectors of the labor department will help coordinate and solve the problem; You can also go to the labor dispute arbitration institutions in various places to apply for arbitration, and if you are not satisfied with the arbitration, you can also go to the people's court to sue and enforce it.

Legal basis: Labor Law of the People's Republic of China Article 91 Where 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 payment of wages and remuneration and economic compensation to the worker, and may order the payment of compensation: (1) deducting or delaying the wages of the worker without reason; (2) Refusal to pay wages and remuneration for extended working hours of Xiaolichong laborers; (3) Paying wages to workers 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 this Law.