Which department should I go to to complain to if I am in arrears of migrant workers wages?

Migrant workers can go to the labor and social security supervision agency where the employment is located to make a complaint or report, or make a complaint.

Ways for migrant workers to protect their rights.

1) Complaints: Migrant workers can file complaints and reports with the labor and social security supervision agency in the place where they are employed;

2) Application for labor dispute arbitration: apply to the local labor dispute arbitration commission for arbitration. It should be noted that a written application shall be submitted to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute;

3) Application for administrative reconsideration: If you are dissatisfied with the administrative act of the local human resources and social security department, you can apply to the local people for administrative reconsideration within the specified time limit;

4) Filing a lawsuit: First, if any party refuses to accept the arbitration of the labor dispute, it can file a lawsuit with the court; Second, if the labor dispute arbitration award is not filed or performed within the prescribed time limit, the other party may apply to the court for compulsory enforcement; Third, wage arrears or personal injuries caused by labor and employment can be directly filed with the court; Fourth, 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.

Wage arrears can be complained to the local labor arbitration department or relevant functional departments, or they can be sued by the court, and attention should be paid to preserving evidence.

Because most migrant workers lack certain legal knowledge, they may not know how to solve the problem through legal channels when they encounter the company's wage arrears, and often resort to some violent means. Combined with the current laws and regulations in China, which department is better to deal with the arrears of migrant workers' wages? Let's let the law map answer your questions.

1. Which department to deal with the arrears of migrant workers' wages?

1. The easiest way is to file a complaint with the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the "Labor Security Supervision Regulations" 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.

2. Determination of unjustified wage arrears.

According to Articles 7, 8 and 9 of the Interim Provisions on Payment of Wages, 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 can be paid on a weekly, daily, and hourly basis; For workers who have completed one-time temporary labor or a specific job, the employer shall pay wages to the employee after the completion of the labor task in accordance with the relevant agreement or contract.

When both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum within 5 days of the termination or termination of the labor contract.

1) The employer is unable to pay wages on time due to natural disasters, wars and other reasons that are beyond human resistance;

2) If the employer's capital turnover is affected due to production and operation difficulties, it may, with the consent of the labor union of the unit, temporarily postpone the payment of workers' wages, and the maximum limit of the extension period may be determined by the labor administrative departments of each province, autonomous region or municipality directly under the Central Government in accordance with local conditions. Find the Labor Inspectorate Brigade!!

Migrant workers can submit clues on wage arrears anytime and anywhere through the "National ** Wage Arrears Clue Reflection Platform" applet, or follow the official WeChat of the human resources and social security department, and the platform will automatically distribute the clues to the prefecture-level human resources and social security department where the employee is located after receiving the clues, and the department will directly handle it in accordance with its jurisdiction or hand it over to the corresponding county or district human resources and social security department for processing.

Is there a time limit for wage complaints?

Yes. The Regulations on the Supervision of Labor and Social Security stipulate that if a violation of labor security laws, regulations or rules is not discovered, reported or complained about by the labor security administrative department within two years, the labor and social security administrative department will not investigate and deal with it. If a worker encounters a situation of wage arrears, he or she should take timely measures to claim his rights.

Can I file a complaint if I have not signed an employment contract and do not have relevant proof such as salary slips?

Complaints can be made. When receiving reports and complaints about wage arrears, the Labor and Social Security Inspectorate will conduct a comprehensive investigation and collect relevant evidence, and then make administrative measures in accordance with the law. Therefore, when an employee encounters wage arrears, even if there is no labor contract or wage slip, it does not prevent the employee from expressing his or her demands on the platform.

The national first-class wage arrears clue reflection platform is conducive to effectively solving the current situation of the difficulty of protecting the rights of wage arrears, realizing the "one-stop service" for migrant workers' rights protection, and safeguarding the rights and interests of migrant workers' wages and remuneration.

Complaints against migrant workers in arrears of wages should be filed with the labor department, that is, the labor bureau will file a complaint, and in general, the labor department will conduct labor arbitration.

Labor Law Enforcement Inspection Brigade. The easiest way to solve the arrears of wages of migrant workers is to file a complaint with the local labor law enforcement inspection brigade, which will supervise and inspect the employer and order it to pay the arrears of wages.

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 enforcement in accordance with the law.

The arrears of wages violate Article 50 of the Labor Law, which stipulates that "wages shall be paid to the workers themselves in the form of money on a monthly basis, and no wages shall be deducted or in arrears", infringing on the legitimate rights and interests of migrant workers and should be repaid.

It is a labor dispute.

You can file a complaint with the Labour Inspection Brigade for intervention and investigation.

It can also be resolved by applying for labor arbitration.

If the employment contract is terminated in accordance with Article 38 of the Labor Contract Law, the employee shall also be entitled to economic compensation for the period of employment.

If the migrant workers are still in arrears after the arbitration judgment, they can go to the court to file a lawsuit.

Migrant workers who are in arrears of wages should file a complaint or consult with the local labor administrative department, that is, the local human resources and social security department.

If you encounter this situation, you should go to the labor bureau of the city to complain, the labor bureau has a special labor inspection department, which is responsible for supervising the infringement of employees' rights and interests by the unit, so you must go to the labor bureau, in addition, you must collect relevant evidence, and then you can better help you protect your rights

If the wages of migrant workers are in arrears, then you should find the local human resources and social security department, of course, there will be some linkage mechanisms, but first find the social security department.

Migrant workers should be owed wages to the labor arbitration department, which belongs to the labor supervision department to complain, and they have a special department to accept the case.

If you don't know, you can call the police directly and ask the police to help you contact the relevant departments to solve the problem.

In addition, if you want to rebuild construction labor, you can go to the local housing and urban-rural development bureau to complain.

There is a department that often appears on TV, and it is a department where migrant workers frequently have wage arrears, this department is called the Labor Bureau, and migrant workers can complain to the local labor bureau, and the local labor department will deal with it.

In arrears of migrant workers' wages, you can report to the local. The Labor Inspectorate complains, which is their scope of responsibility, can collect relevant evidence, and after complaining, ask the Labor Department to intervene in the investigation and handling.

** If the complaint is filed with the local labor law enforcement inspection brigade, the worker can 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, and the local labor administrative department shall apply for labor arbitration (no fees, no lawyer).

If you are in arrears of migrant workers' wages, you can find the ** department or the labor bureau to protect your own interests.

Generally, it is the labor inspection department, or 12345 citizens**, and various localities have also set up offices to deal with arrears of migrant workers' wages.

Labor arbitration is different from economic arbitration in that the arbitration commission can accept an application for a labor arbitration dispute as long as one party submits an application for a labor arbitration dispute.

According to the provisions of the Labor Law and the current Regulations of the People's Republic of China on the Settlement of Labor Disputes in Enterprises, the scope of cases accepted by the Labor Dispute Arbitration Commission includes:

1) Disputes arising from the dismissal, dismissal, dismissal of employees and resignation or voluntary resignation of employees by the employer;

2) Disputes arising from the confirmation of employment relations;

3) Disputes arising from labor remuneration, work-related injury medical treatment, economic compensation, etc.;

4) Disputes arising from the performance of labor contracts and collective contracts;

5) Disputes arising from the implementation of national regulations on wages, insurance, welfare, training, and labor protection;

6) Other labor disputes stipulated by laws and regulations. Social security and provident fund are not within the scope of labor dispute arbitration, but they can file a complaint with the labor inspection department or the tax authority responsible for social insurance collection in the place where the employer is located and assert their rights and interests.

In such cases, you should go to the local labor bureau, and the labor bureau will come forward to solve the problem of arrears of wages for migrant workers.

Migrant workers who are in arrears of wages can report to the police or file a complaint with the labor inspection department.

Generally, they go to the labor department, and some places have a special debt settlement office.

Migrant workers who are in arrears of wages should go to the arbitration department. Or find ** agencies in various places.

If migrant workers are in arrears of wages, they may or may be praised to the local labor inspection department, which is the scale of their duties, and they may or may not collect relevant evidence, and after appreciating it, ask the labor department to participate in the visit and deal with the punishment.

You should go to the local labour inspectorate and have them deal with it.

According to your description, I think you can directly call 12345 citizen **** to complain about the situation, and if the situation is urgent and serious, you can also call 110 to report the situation. Thank you for your understanding and support!

You can file a complaint with the local labor arbitration commission

You can call the police and ask them to deal with the matter between two people, or find a labor market.

If a private person owes wages to migrant workers, the worker can call 12333 to file a complaint. In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to settle the dispute, fails to mediate or fails to perform after reaching a mediation agreement, he or she may apply to the labor dispute arbitration commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Article 5 of the Labor Dispute Arbitration Law.

In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

If the foreman is in arrears of wages to migrant workers, he can go to the following units to protect his rights: complain to the labor administrative department; Apply for mediation to grassroots people's mediation organizations, enterprise labor dispute mediation committees, or organizations established in townships and neighborhoods with labor dispute mediation functions; Apply to the Labor Repentance Dispute Arbitration Commission for arbitration; Dissatisfied with the arbitral award, file a lawsuit with the people's court.

[Legal basis].Article 5 of the Law on Mediation and Arbitration of Labor Disputes.

In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If you are unwilling to mediate, fail to mediate, or fail to perform after reaching a mediation agreement, you may apply to the Labor Dispute Arbitration Committee for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Legal analysis: 1. The construction site complains to the migrant workers' wage arrears office of the local housing and urban-rural development bureau and asks for mediation, and if the mediation fails, it can apply for the use of the migrant workers' wage deposit; If it is not a construction project, complain to the industry department in charge of the project, and go to the transportation department in the transportation field, the water conservancy project to the water conservancy department, and the national investment project to the state.

2. Complain to the labor inspection brigade of the local social security bureau, and the labor inspection brigade will file a case for handling.

3. You can also seek support from the local petition department and mediate the solution.

4. Call the mayor public**.

The law is based on the "Labor Law of the People's Republic of China".

Article 91 Fraud 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 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.

Labor Contract Law of the People's Republic of China

Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker 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.