Where to complain about misappropriation of migrant workers wages

Misappropriation of migrant workers' wages to the Human Resources and Social Security Bureau to complain.

Appeal to the local labor inspection brigade and ask for a solution.

In accordance with the provisions of the Labor Law, wages are paid on a monthly basis. The salary of the previous month can be paid in the current month, but it is illegal to cross months; If the company is in arrears of wages, the employee can file a complaint with the labor inspection brigade, which will order the employer to pay wages within a time limit, and if the payment is not made within the time limit, additional compensation will be paid.

Article 50 of the Labor Law stipulates that wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Article 7 of the Interim Provisions on Payment of Wages stipulates 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.

Article 85 of the Labor Contract Law stipulates that in any of the following circumstances, the employer fails 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 at a rate lower than the local minimum wage standard;

3) arranging 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.

The labor administrative department shall order the payment of 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

Misappropriation of migrant workers' wages is guilty if the following elements are met, that is, the subject is the staff of a company, enterprise, or other unit, and the object of the infringement is the right to use the income of the funds of the public reserve department, enterprises, etc.; The subjective aspect is intentional, and the objective aspect is the act of taking advantage of one's position to misappropriate one's own unit's funds for personal use or lending them to others, and the amount is relatively large and has not been repaid for more than three months.

[The law shouts the basis of the law].Article 272 of the Criminal Law of the People's Republic of China.

Where the staff of a company, enterprise, or other unit takes advantage of their position to misappropriate their unit's funds for personal use or lend them to others, and the amount is relatively large and has not been repaid for more than three months, or although it has not exceeded three months, the amount is relatively large, and for-profit activities are carried out, or illegal activities are to be carried out, a sentence of up to three years imprisonment or short-term detention is to be given; where the amount of misappropriation of the unit's funds is huge, a sentence of between three and seven years imprisonment is to be given; where the amount involved is especially huge, the sentence is to be seven or more years imprisonment.

Where there is conduct in the first paragraph, and the misappropriated funds are returned before a public prosecution is initiated, the punishment may be mitigated or commuted. Of these, where the crime is relatively minor, punishment may be commuted or waived.

Legal analysis: If the misappropriation of migrant workers' wages meets the following requirements, they are guilty, that is, the subject is the staff of the company, enterprise and other units, and the object of the infringement is the right to use the funds of the company, enterprise and other units; The subjective aspect is intentional, and the objective aspect is the act of taking advantage of one's position to misappropriate one's own unit's funds for personal use or lending them to others, and the amount is relatively large and has not been repaid for more than three months.

Legal basis: "Criminal Law of the People's Republic of China" Article 270 Where a staff member of a company, enterprise, or other unit takes advantage of his position to misappropriate the unit's funds for personal use or lend them to others, and the amount is relatively large and has not been repaid for more than three months, or although the amount has not exceeded three months, the amount is relatively large, and for-profit activities are carried out, or illegal activities are carried out, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the amount of misappropriation of the unit's funds is huge, a sentence of between three and seven years imprisonment is to be given; where the amount involved is especially huge, the sentence is to be seven or more years imprisonment.