It s the end of the year again, what should I do if the wages of migrant workers are not returned?

At the end of each year, it is particularly difficult for migrant workers to ask for wages. It is a common occurrence that many migrant workers work for a year without a penny, especially on the construction site, and the contractor will leave with the money, and it is even more difficult for the migrant workers to want money.

In today's society, many people will choose to go out to work, especially in rural areas, people will choose to go to some big cities to work, the purpose is to improve the conditions in their homes, because the village is relatively backward and there is no suitable job in the family, so they go out to work, which is the so-called migrant workers. From the day we became sensible, we have been in contact with the most that it is difficult for migrant workers to work, and it is even more difficult for migrant workers to get wages, but there are still many migrant workers who choose to go out, because they have no other way but to go out to change their existing lives.

Many migrant workers have worked for a year but have not received a penny of wages in the end, which is a very distressing thing. When the wages of migrant workers are not returned, they must use the law to protect themselves. In fact, migrant workers should sign a contract with the boss when they first start working, only the contract can we protect their rights and interests well, everything outside the home has to keep an eye on yourself, you can protect your rights and interests through the court, and the rights and interests of migrant workers are protected, only in this way can you get your wages back.

In fact, when migrant workers ask for wages, the big guys go to the boss together to find a lot of power, but when looking for the boss, it is not that who has the strength, and the boss is good to talk about the boss, he also wants to do business, he does not dare to owe the wages of the employees, and must be reasonable when asking for wages, many migrant workers are particularly hateful when they want wages, and this behavior is not advocated, so migrant workers must know the law and understand the law, only in this way can they protect their own rights and interests.

When the wages of migrant workers are not returned, they must use the law to protect themselves, and only in this way will life become better.

First of all, it is necessary to deal with it rationally, and the relevant departments of the state are taking relevant measures to solve the arrears of migrant workers' wages, so it is necessary to maintain a calm mind and deal with things rationally. Secondly, we must learn to use the law to protect our rights, if the wages are in arrears, 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 local labor dispute arbitration institutions to apply for arbitration.

Migrant workers' salaries, or if they don't come back, they can immediately find the local public security to defend their rights, and many places have sent special tweets to help these migrant workers get their wages back.

In the face of this situation, you can directly file a lawsuit with the court, and then take up the law to defend your rights, and I also hope that these migrant workers must be vigilant when they work in the coming year.

Migrant workers can find a lawyer or relevant departments to help them get their wages back through normal channels, and they cannot do something illegal impulsively.

It can be resolved through legal means. For example, if you go to a special agency to petition and report, you can also protect your legitimate rights by filing a lawsuit.

Sue the person in charge of the company. It would be better for the migrant workers to join forces to sue the person in charge of the company, and the law will be able to get their wages back.

Of course, it is necessary to seek legal assistance and use the law to pressure unscrupulous bosses to pay their wages. And now there are many aid stations for migrant workers.

This can only be done by the police, and now the problem of arrears of wages for migrant workers is very serious, and the police will solve it immediately.

1.If there is a contract for breach of contract or non-payment of wages, you can directly sue for it.

2.If you don't have a contract, you're a temporary worker, so you have to find a witness.

Of course, you should take up the law to protect your rights and protect your legitimate rights and interests.

If you apply for labor arbitration, you can ask law enforcement to help you get your salary.

Legal analysis: At the end of the year, migrant workers' wages cannot be paid; You can seek help from the labor and social security supervision department, the judicial department, and the trade union organization;

Migrant workers who are owed wages have the right to file a complaint in accordance with the law, or to apply for mediation and arbitration of labor disputes, and to file a lawsuit for imitation and litigation. Any unit or individual in arrears of wages to migrant workers; Have the right to report to the administrative department of human resources and social security or other relevant departments. The administrative departments for human resources and social security and other relevant departments shall openly report and complain through channels such as ** and **, and accept reports and complaints about wage arrears for migrant workers in accordance with law.

The handling of reports and complaints is subject to a first-question responsibility system, and where it is accepted by the department, it shall be handled in a timely manner in accordance with law; and where it is not accepted by that department, it shall be promptly transferred to the relevant departments, and the relevant departments shall promptly handle it in accordance with law, and inform the reporter or complainant of the outcome of the disposition.

If the employer is in arrears of wages, migrant workers must pay attention to collecting evidence before defending their rights, including evidence that can prove the existence of an employment relationship and evidence that can prove that they work in the employer. Such as labor contract, work permit of the unit, employment permit, attendance records, certificates of workers, pay slips or bank transaction records of wages paid by previous units, ** recordings with bosses, etc. It would be best if the employer could directly issue a certificate or IOU for the arrears of wages.

The two parties negotiated and settled on their own, and the two major friends of the parties negotiated on a voluntary basis and reached an agreement to solve the problem of wage arrears. If the two parties are unwilling to negotiate on their own or cannot reach an agreement, they can voluntarily apply to the enterprise labor dispute mediation committee for mediation. Local trade unions at the city, county and district levels in Panzhihua City have also established labor dispute mediation committees, and may also apply to the labor dispute mediation committee of the local trade union where the enterprise is located for mediation.

Legal basis: Labor Law of the People's Republic of China

Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

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

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.

The first reason is the reason for the layer by layer. The reason why many construction sites cannot pay in time is that many contractors are also owed money from above, and if they do not get the wages from the upper echelons, they cannot settle with the migrant workers. If you don't get the money, you can only default, and some even run away.

The second reason is that many migrant workers do not have an unstable working environment, often go back and forth, and do not sign contracts with construction sites, so they are not protected by the Labor Law. They often follow a contractor, where the contractor goes, they will go, if the contractor has a project, then these migrant workers have a job, if there is no project, then these migrant workers can only be unemployed vagrants, in this case, many migrant workers are not free, can only rely on the contractor, the contractor said that the year-end can only be settled by year.

In addition, migrant workers do not have a strong sense of protecting their rights.

Migrant workers are a vulnerable group in society, and many of them lack the corresponding legal knowledge. Migrant workers are eager to find a job and do not know that they have to sign a written contract with their boss when they are hired, so they often make an agreement with their boss verbally. When a dispute arises, the verbal speaker says that there is no evidence, and it is the peasant workers who are injured in the end.

When their rights and interests are violated, because they are alone in a foreign country, their information is relatively closed, they do not know how to protect their rights and interests, and there is no organization to guide them on how to protect their rights and interests.

Enforcement of the law is inadequate.

Although Article 50 of our country's "Labor Law" clearly stipulates that "wages shall be paid to the laborers themselves in the form of money on a monthly basis, and no wages shall be deducted or delayed without reason," the labor law enforcement departments and social security departments have not fully fulfilled their duties. In addition, with the current level of economic development in China, the corresponding measures and institutions have not yet been established to protect the rights and interests of migrant workers. When the rights and interests of migrant workers are violated, the corresponding institutions are far from the actual needs of migrant workers.

In addition, due to the procedural requirements of the court in adjudicating cases, it is necessary to give both parties sufficient time to present evidence and a period for the right to hold court hearings and for both parties to appeal. This is also the reason why the arrears of migrant workers' wages cannot be resolved in a timely manner. Moreover, most of the migrant workers are outsiders, and the construction units can afford to delay the time, and the migrant workers eat and live in the city, and they cannot afford to drag it out.

In fact, the most important reason is that the project is delayed, we all know that many of the migrant workers recruited by the contractor are relatives and friends in their hometowns, and they are not willing to pay wages, and the most important thing is that the project party does not pay in time, and often comes to trouble for various reasons, and does not pay for the project. If these migrant workers want to get their wages on time, then the project party needs to settle the payment on time.

One of the main reasons is that it is difficult to protect the labor rights and interests of migrant workers. In some cases, enterprises or employers may use various excuses to default on migrant workers' wages (e.g., lack of funds, project suspension, etc.).

In addition, some migrant workers' employment contracts may not be perfect or not signed at all. This makes it difficult for migrant workers to recover their paychecks. In some cases, migrant workers may face problems such as lack of evidence or legal assistance, which also makes it difficult to protect their labor rights.

Finally, in some cases, migrant workers may find it difficult to establish effective contact with their employers due to factors such as geographical location, cultural exchange issues, and language barriers. These factors may hinder migrant workers from recovering the wages they deserve.

In order to solve these problems, ** and social groups can carry out publicity and education work, provide legal assistance and translation services for migrant workers. Employers should also strictly abide by relevant labor laws and regulations, sign a complete labor contract, and pay wages in a timely manner. Migrant workers, especially migrant workers, should raise their awareness of self-protection, abide by relevant laws and regulations, and seek appropriate legal aid and institutions to protect their legitimate rights and interests.