What is the new policy for arrears of wages for migrant workers in May 2020

It is recommended to use the Labor Bureau, **, if it doesn't work, you can use **.

1. In view of the problem of non-standard labor management and wage payment, it is further clarified that the main responsibility of all kinds of enterprises, including construction enterprises in the construction field, to pay wages in full monthly according to law is to be implemented, and it is emphasized that the general construction contractor shall be responsible for the payment of migrant workers' wages for the contracted projects;

2. In view of the difficulty in implementing the main responsibility of wage payment in some enterprises, it is required to improve the wage payment monitoring and guarantee system;

3. Improve systems for the management of enterprises' compliance with the law and creditworthiness, establish a blacklist system for enterprises in arrears of wages, establish and complete mechanisms for joint disciplinary action against untrustworthiness in enterprises, so that untrustworthy enterprises violate the law in one place nationwide and are restricted everywhere;

4. In view of the problem of non-standard market order in the construction field, it is proposed to strengthen the supervision of construction funds, standardize the payment and settlement of project funds, and reform the employment methods in the field of engineering construction, so as to prevent and reduce the problem of wage arrears from the source.

In terms of wage payment, the bank system of paying wages on behalf of the bank has been implemented. At the same time, it is necessary to establish and improve the management system of special accounts for migrant workers' wages and labor costs, and separately allocate the labor costs in the project funds to the special accounts for migrant workers' wages and labor expenses set up by the general construction contracting enterprises in the bank to ensure that the special funds are used exclusively.

In the event that the employer is in arrears of wages, the migrant worker must first negotiate with the employer.

If negotiation cannot resolve the issue, it can be resolved through the following legal means:

1. Complain and report to the local labor and social security supervision agency;

2. To apply for arbitration to the local labor dispute arbitration commission, it should be noted that a written application should be submitted to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute;

3. Resolve through litigation. This is divided into three situations: one is for labor dispute cases, if any party is dissatisfied after labor arbitration, it can file a lawsuit with the court, the second is to obey after arbitration, and if the employer does not enforce the labor arbitration award after it takes effect, the migrant worker can apply to the court for compulsory enforcement, and the third is that if it belongs to the category of labor arrears, it can directly file a civil lawsuit with the court.

Article 46 of the Labor Law of the People's Republic of China 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.

1. For the wages of migrant workers, the principle of distribution according to work shall be followed, and equal pay for equal work shall be implemented;

2. The minimum wage guarantee system shall be implemented for the wages of migrant workers, and the law stipulates that the wages paid by employers to workers shall not be lower than the local minimum wage standard.

[Legal basis].Article 46 of the Labour Law.

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 48.

The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record.

The wages paid by the employer to the employee shall not be lower than the local minimum wage.

We didn't get our salary last year, so we said that we would give some money until the New Year, but we didn't respond yet, and he said that there was no money, and you couldn't kill him.

According to the Labor Law of the People's Republic of China, "wages shall be paid to the worker himself on a monthly basis in the form of money." The wages of the employee shall not be deducted or owed without reason", and "monthly payment" means that the wages shall be paid in the form of monthly wages and shall also be paid monthly, so the employer shall settle the wages within 30 days after the end of the natural month, and more than 30 days shall constitute wage arrears.

If the employer is temporarily unable to pay wages to employees on time due to production and operation difficulties, insufficient capital turnover, etc., it may postpone the payment of wages to employees within one month after consultation with all employees of the unit. The time of deferred payment of wages shall be notified to all workers and reported to the competent department for the record, and if there is no competent department, it shall be reported to the city, district or county labor and social security administrative department for the record.

The Interim Provisions on Payment of Wages stipulate that "wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wages may be paid on a weekly, daily, or hourly basis."

In 2020, I renovated with Keyuan Group at the Hilton Hotel in Hengqin, Zhuhai! I am a migrant worker who has been delayed by the company's arrears of wages for April for more than two months! It has not been issued yet, and Huang Guangwen, the foreman of the ** contractor, has repeatedly lied to me.

Hit the head office can't solve it!What is the best way for the relevant departments to help! Is it solved?

Isn't the 2020 national policy to pay migrant workers on a monthly basis in May? It is better not to interfere in departments that do not have strength, and it will be more difficult to get wages the more they do it. Just like when I called the head office to check, now I am told by the contractor that you will owe you wages for more time if you sue me!

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.

According to Article 85 of the Labor Contract 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

Failure to pay the labor remuneration of the employee in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; The wages of the workers are paid below the local minimum wage standard; arranging overtime work without paying overtime pay; Where a labor contract is dissolved or terminated, and economic compensation is not paid to the employee in accordance with these Regulations.

When migrant workers ask for wages, the deputy director of the county public security bureau forcibly arrests them, but they ignore the employer, and obviously favors the employer.

If wages are in arrears or withheld, the employee may negotiate with the unit to settle the issue.

If the negotiation fails, the employee may apply to the local district and county-level labor arbitration commission for arbitration and demand back wages.

We have a supermarket here where short-term workers are not paid, because they are tired from low work and have little rest. 60 yuan a day, more than eight hours, the ** store manager did not do a full job and did not pay a salary, and did the most tiring and dirty work with the least salary, we are all students.

Now Party A has owed more than 200,000 yuan, I am the foreman of Party B, what should I do, whether to sue our boss or Party A,

From May 1, 2020, if the wages of migrant workers are not paid within the time limit in violation of regulations, additional compensation of more than 50% and less than 100% of the amount payable shall be paid to the workers; and where it is suspected of constituting the crime of refusing to pay labor remuneration, it shall be promptly transferred to the judicial organs for investigation of criminal responsibility.

How many sites can be paid on a monthly basis? Country Garden? Wanda? Or Evergrande? Paulie? Stop dreaming!!

Go to the local labor department to complain and keep the relevant evidence!

How to deal with the problem of arrears of wages before the year.

Our factory has been delayed for three months, what should we do now?

What should I do if I don't have a labor contract and have been in arrears for three months?

Under normal circumstances, if you want to settle the problem, go to the local arbitration department to apply for arbitration, and the employee does not need to pay any fees. However, you may not have a formal labor contract, wage payment procedures, etc., and the arbitration may be a little troublesome, but it is illegal to default on the wages of migrant workers, so you should ask the local arbitration department how they will deal with it.

First of all, you work for Zhang Yan, which is a de facto labor relationship, although there is no labor contract, so your dispute is resolved through "labor arbitration". To make it clear to you, labor arbitration does not require any cost to the employee, and it is 0 cost. You can go directly to the labor arbitration department to sue him.

Secondly, when you go to the labor arbitration department, because he solves the "labor contract relationship", you must provide the labor contract signed between you and the boss's company to prove that you are a labor contract relationship, if there is no labor contract, you have a work permit, time card, salary slip, salary card can show that the salary is paid into your account, which can be used as a supplement to the labor contract, and the labor arbitration department will accept it, and the labor arbitration department will only deal with labor relations, and other economic, civil and other disputes will not be handled. Therefore, if you do not have the above supporting documents, it may not be accepted.

Then, if you have the above things, he will give you a form, you fill it out, the focus is to fill in your "appeal", for example, you want to "get your salary back", "ask for social insurance", etc., you can write a lot of appeals, write them all together, and you can handle them together. Then provide evidence of these claims, for example, IOUs that they owe you wages, ** recordings, etc. If you want a salary, you can issue the salary paid to you last month, and if it has not been paid so far, provide relevant attendance records, etc.

And then you just wait to be informed**. **Before, the arbitrator will ask the two parties to "mediate", that is, to discuss which money to give and which money the boss is unwilling to pay, if the mediation between you and the two parties is successful, they will issue a labor arbitration award or something. If you do not agree to mediation, then present the evidence of both parties, and they will determine a result based on the evidence and issue a labor arbitration award.

But none of them were issued in court, so we had to wait.

1. Labor arbitration does not need to cost money, but there may be many lawyers around, and if you want to hire a lawyer, this may cost you more.

2. Labor arbitration does not have the power to "enforce", so even if he awards the boss to give you 810,000 yuan, and your boss does not give it to you, he has no way to freeze the boss's account or directly give you the boss's money. You can only take this and go to the court, and after the court decides, you can directly enforce it. This is the biggest difference between arbitration and the courts.

3. Labor arbitration is a first-instance final adjudication system, that is, he will only hear this time, if you feel that the judgment is not appropriate, you can only go to the court, and the court will come up with evidence again in accordance with the legal procedures to make a judgment again, and after the judgment is completed, it can be enforced.

I don't know if the above can help you.

Summary. From January 1, 2023, the new regulations on arrears of wages for migrant workers are: in addition to the full payment of wages and remuneration within the specified time, an additional economic compensation equivalent to 25% of the wages and remuneration must be paid.

From January 1, 2023, the new regulations on arrears of wages to migrant workers are: in addition to the full payment of wages and remuneration within the specified time, an additional economic compensation equivalent to 20% of the wages and remuneration must be paid.

Article 54 of the Regulations on Guaranteeing the Payment of Wages to Migrant Workers shall be ordered by the administrative department of human resources and social security to make corrections within a time limit in any of the following circumstances; If the correction is not made within the time limit, a fine of between 20,000 and 50,000 yuan shall be imposed on the unit, and a fine of between 10,000 and 30,000 yuan shall be imposed on the legal representative or the principal responsible person, the person in charge who is directly responsible for the accusation, and other directly responsible personnel: (1) Paying the wages of migrant workers in kind, in the form of valuable ** instead of currency; (2) Failing to compile a wage payment ledger and keep it in accordance with law, or failing to provide migrant workers with a list of wages; (3) Seizing or covertly seizing the social security card or bank card of the migrant worker himself bound to the bank account used to pay the migrant worker's wages.