What should I do if I can t get money on the construction site, and how to solve the problem if I ca

Updated on society 2024-07-28
8 answers
  1. Anonymous users2024-02-13

    1. Ask the local labor and social security department for help, or report to the labor administrative department (usually the labor management inspection team). The people at all levels above the county (including the county) have set up labor and social security bureaus, and the labor and social security supervision departments are under their jurisdiction. The labor and social security inspection department shall comply with Article 10 of the Regulations on Labor and Social Security Inspection.

    2. The third paragraph is: to inspect the employer's compliance with labor security laws, regulations and rules; Accept reports and complaints about violations of labor security laws, regulations or rules. Paragraph 6 of Article 11 is to supervise the payment of wages to workers and the implementation of minimum wage standards by employers.

    Migrant workers can file a complaint with the local labor and social security supervision department without having to go through the trouble of finding the person in charge of the employer, because the labor and social security supervision department can generally find them and help them recover their wages.

    2. You can also apply for arbitration directly (the arbitration fee is 200-300 yuan, and if you win, all will be borne by the defendant).

    3. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter. Migrant workers must have a legal basis for claiming wages, in other words, they must collect evidence of work in the company or construction site, evidence that the company or construction site did not pay wages, etc. If there is no evidence, they are likely to face the legal consequences of losing the case, and with sufficient evidence, the parties' claims can be supported by the law.

    In addition, according to the provisions of the state, in the event of arbitration or litigation, you may request that in addition to the full payment of the employee's wages and remuneration within the specified time, an additional economic compensation equivalent to 25% of the wages and remuneration shall be paid.

    4. Please ask TV stations and other ** to help.

  2. Anonymous users2024-02-12

    If you do not receive your wages, you can file a complaint with the local labor administrative department for labor inspection, demanding that your wages be paid on time and compensated accordingly. If you can't get money on the construction site, you can go to the local labor administration department to ask for help, and hope that the relevant department can mediate from it. In addition, you can directly apply for arbitration at the labor arbitration commission, or directly go to the local court to file a lawsuit.

    The administrative department of labor and social security shall carry out labor and social security supervision on the following matters:

    1) The employer's formulation of internal labor security rules and regulations;

    2) The circumstances of the conclusion of a labor contract between the employer and the employee;

    3) The employer's compliance with the prohibition of child labor;

    4) The employer's compliance with the special labor protection provisions for female employees and juvenile workers;

    5) The employer's compliance with the provisions on working hours, rest and vacation;

    6) The employer's payment of wages to workers and implementation of the minimum wage standard;

    7) The employer's participation in various social insurances and payment of social insurance premiums;

    8) Employment agencies, vocational skills training institutions and vocational skills assessment and appraisal institutions comply with the provisions of the State on employment introduction, vocational skills training and vocational skills assessment and appraisal;

    9) Other labor security supervision matters stipulated by laws and regulations.

    What should I do if I don't pay back the money owed on the construction site?

    The most effective way to repay the money owed by the construction site 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 the labor arbitration, 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.

    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 it to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation:

    1) Withholding or defaulting on the wages of workers 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) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

  3. Anonymous users2024-02-11

    1. How to solve the problem of not getting money for work on the construction site.

    1. If you can't get money for work on the construction site, you can complain to the labor inspection department. Complaining to the labor inspection department for help in wages, low cost, short time, and simple procedures is the first choice for collecting arrears of wages, and the employer shall pay the labor remuneration to the worker in full and in a timely manner in accordance with the provisions of the labor contract and state regulations. 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.

    2. Legal basis: Article 28 of the Labor Contract Law of the People's Republic of China.

    Payment of Labor Remuneration after the Labor Contract is Invalid] If the labor contract is confirmed to be invalid and the employee has already paid the labor, the employer shall pay the labor remuneration to the employee. The amount of labor remuneration shall be determined with reference to the labor remuneration of workers in the same or similar positions in the same unit.

    Chapter III: Performance and Modification of Labor Contracts.

    Article 29.

    Performance of the Labor Contract] The employer and the employee shall fully perform their respective obligations in accordance with the provisions of the labor contract.

    Article 30. Labor remuneration] The employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract and the provisions of the state.

    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.

    2. What are the materials required for complaints about non-payment of wages on time?

    1. Wage payment vouchers or records, and records of payment of various social insurance premiums;

    2. "Work Permit", "Service Certificate" and other documents that can prove the identity issued by the employer to the employee;

    3. Recruitment records such as the "registration form" and "registration form" filled in by the employee;

    4. Attendance records;

    5. Testimony of other workers, etc.

  4. Anonymous users2024-02-10

    1. What should I do if I don't get paid for work on the construction site?

    1. If you are in arrears of wages, do not pay wages, and deduct wages, you can call 12333** to complain, which is the ** of the Human Resources and Social Security Bureau. You can also go to the labor bureau to inspect the brigade and complain. Since the company fails to imply the payment of labor remuneration, the party concerned may apply for termination of the labor contract and labor relationship, and demand economic compensation.

    The parties concerned may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages, and if the labor inspection brigade fails to coordinate with the employee, the worker may apply for labor arbitration. If the labor arbitration conclusion is refused, it may apply to the court for compulsory enforcement.

    2. Legal basis: Article 10 of the Regulations of the People's Republic of China on Labor and Social Security Supervision.

    1) Publicize labor security laws, regulations and rules, and urge employers to implement them;

    2) Inspect the employer's compliance with labor security laws, regulations and rules;

    3) Accept reports and complaints about violations of labor security laws, regulations or rules;

    4) Correct and investigate violations of labor security laws, regulations or rules in accordance with the law.

    2. What is the prosecution process for not getting money on the construction site?

    The process of suing if you can't get money on the construction site is as follows:

    1. Collect all the evidence materials related to the project involved in the case, in view of the long construction contract period and large investment, most of which are concealed projects and strong professionalism, etc., we must spend the greatest energy to collect, sort out and analyze the evidence before litigation, and conduct a comprehensive analysis at multiple levels and directions from the perspective of the defendant and the judge, so as to "know ourselves and know the enemy", and avoid blind prosecution.

    2. After the evidence is fully prepared, determine the litigation plan, including the selection of the defendant and the determination of the litigation claim.

    3. Determine the competent court. First of all, it depends on whether the parties have an agreement on the dispute resolution institution, and if there is no agreement. According to the relevant laws, the provisions on the handling of contract dispute cases are based on the place where the defendant is domiciled or the place where the contract is performed.

  5. Anonymous users2024-02-09

    Legal analysis: There are the following ways to get the construction site money back:

    1. You can report to the labor administrative department;

    2. You can directly apply for arbitration. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter;

    3. You can go to the court to sue the construction party, because the construction party paid a sum of money to the labor inspection department before starting the construction as compensation for the wages owed to the migrant workers;

    4. You can complain to the labor inspection department, or you can directly sue the court, and you can also report to the police if you are suspected of refusing to pay labor remuneration.

    Legal basis: Article 19 of the Interim Provisions on Payment of Wages Article 19 In the event of a labor dispute between an employee and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with the law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

  6. Anonymous users2024-02-08

    If it cannot be resolved through negotiation, it can apply to the Lao Xiao Pao and the Dispute Arbitration Commission for arbitration, and if the arbitral award is not satisfied, it can file a lawsuit with the people's court. Article 79 of the Labor Law of the People's Republic of China After a labor dispute arises, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration.

    If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court. 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 worker to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation: (1) deducting or defaulting on 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) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

  7. Anonymous users2024-02-07

    Legal analysis: If you can't get the wages on the construction site, you can complain to the local labor bureau; If the employer still fails to pay after being notified by the Labor Bureau, it may report to the police and accuse the employer of the crime of refusing to pay labor remuneration and request that it be investigated for criminal responsibility; It is also possible to apply to the labor arbitration commission for arbitration; If the applicant is not satisfied with the arbitration, he or she may file a lawsuit with the court.

    Legal basis: Regulations on the Supervision of Labor and Social Security Article 26 Where an employer commits any of the following acts, the administrative department for labor and social security shall order the employer to pay the employee's wages and remuneration within a specified period of time, the difference between the worker's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract; If the employee fails to pay the cover within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% of the amount payable at less than 1 time of the amount payable

    1) Deducting or defaulting on the wages and remuneration of workers without reason;

    2) The wages paid to the workers are lower than the lowest local wage standards;

    3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.

  8. Anonymous users2024-02-06

    Legal analysis: If you can't get the wages on the construction site, you can complain to the local labor bureau; If the employer still fails to pay after being notified by the Labor Bureau, it may report to the police and accuse the employer of the crime of refusing to pay labor remuneration and request that it be investigated for criminal responsibility; It is also possible to apply to the labor arbitration commission for arbitration; If the applicant is not satisfied with the arbitration, he or she may file a lawsuit with the court.

    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 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 lower than the local minimum wage standard; (3) Arrange 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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Hey.. I'm also on the construction site. You try to talk less and do more, others say that you can't hear, if you really do something wrong, remember to change it later, but I have a poor personal memory, and I am often scolded, I just put this ear in, that ear out, turn around and smile, don't make yourself unhappy.