What to do if the construction site owes migrant workers wages

1. What should I do if the construction site boss owes migrant workers wages?

1) If you are working for an employer, there are three ways to request payment of wages:

1. You can complain to the labor inspection of the local labor bureau;

2. You can apply for arbitration at the local labor bureau and demand payment of wages. If you do not have an employment contract, you can also demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

3. Apply to the court for a payment order or go directly to the court to file a labor lawsuit to recover your wages.

2) If it is a job for an individual, it is not considered an employment relationship, and you can directly go to the court to sue the individual boss and demand payment of labor remuneration.

2. Who to call for 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.

When you encounter your own wages in arrears, you must first find out whether it is arrears in the legal sense at this time, and it is not that you have not paid wages at the agreed time, which constitutes wage arrears. Generally speaking, within 30 days of the agreed time for payment of wages, in fact, this cannot be considered as such. After that, it is necessary to choose the appropriate way to defend your rights, so that it is possible to recover your salary.

Legal Analysis: to Labor Inspection Complaints. If the employer is in arrears or withholds wages, including the situation that wages are withheld and not paid after resignation, the employer may go to the labor inspection of the place where the employer is located to fill in a complaint form.

Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the workers themselves in the form of money on a monthly basis, and the wages of the workers shall not be deducted or delayed without reason. "Regulations of the People's Republic of China on the Supervision of Labor Security" Article 17 The investigation of violations of labor security laws, regulations or rules by the administrative department for labor security shall be completed within 60 working days from the date on which the case is filed.

If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.

1. For the arrears of wages of migrant workers, complaints can be made by the local labor inspection brigades.

2. Article 11 of the Regulations on Labor Security Supervision The labor and social security administrative department shall carry out labor 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 to do if the construction site owes migrant workers' wages, sue for labor arbitration.

The evidence of the worker or the testimony of witnesses is important evidence, and it is best to keep it fixed, and the court will use it...

If the construction site is in arrears of migrant workers' wages, the best way is to find ** to give him **.

In case of wage arrears, the worker may file a complaint with the local labor inspection department or apply for labor arbitration. This Law shall apply to the following labor disputes between employers and employees within the territory of the People's Republic of China: disputes arising from the confirmation of labor relations; disputes arising from removal, dismissal, resignation or resignation; Wait.

According to the law, a complaint can be filed with the Labor Inspection Brigade, an application to the Arbitration Commission for arbitration, and a lawsuit filed in court. If you do not repay the money after receiving the verdict, you can report the case to the public security and pursue criminal responsibility.

What to do if migrant workers' wages are in arrears. The easiest way is to file a complaint with the local labor law enforcement inspection brigade. 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.

If you still have no compensation, you can apply to the court for compulsory enforcement.

What should I do if the construction site is finished and the boss does not pay the salary for various reasons?

If migrant workers are in arrears of wages at the construction site, migrant workers can protect their rights through the following channels:

1. Negotiation. Negotiate with the employer to pay wages as soon as possible.

2. Mediation. The departments with the right to mediate include the labor dispute arbitration commission of the unit, the people's mediation organization, and the industrial and regional mediation organizations.

3. Complaints. Report to the labor inspection department where the employer is located, and the labor inspection department will handle it.

On the basis of investigating the relevant facts, the labor inspection department may order the employer to pay wages. The time limit for the investigation and handling of cases by the labor inspection department is generally not more than 60 days, and it may be extended by 30 days in special circumstances.

4. Labor arbitration and litigation. If an application for arbitration is submitted to a labor dispute arbitration commission with jurisdiction, the labor dispute arbitration commission shall conclude the hearing within 60 days from the date of acceptance.

If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the court with jurisdiction within 15 days from the date of receipt of the award, and the lawsuit shall be subject to the two-instance final adjudication system in accordance with the civil procedure procedure.

Legal basis] Article 4 of the Labor Dispute Mediation and Arbitration Law provides that in the event of a labor dispute, the employee may negotiate with the employer, or ask the labor union or a third party to jointly negotiate with the employer to reach a settlement agreement.

Article 9 of the Law on Mediation and Arbitration of Labor Disputes stipulates that if an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or defaulting on medical expenses, economic compensation or compensation for work-related injuries, the employee may file a complaint with the labor administrative department, which shall handle it in accordance with the law.

Legal analysis: 1. Negotiate and solve with the unit; 2. You can go to the local labor inspection department to file a complaint; 3. Direct application for arbitration, etc.

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 period of time; 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 labor remuneration of the worker 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 labor cooperation and failing to pay economic compensation to workers in accordance with these Regulations.

Legal analysis: 1. Negotiate and solve with the unit; 2. You can go to the local labor supervision department to file a complaint; 3. Direct application for arbitration, etc.

Legal basis: Labor Contract Law of the People's Republic of China Article 85 In any of the following circumstances, the labor administrative department shall order the employer to pay the 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 labor remuneration of the worker 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 this Regulation.

When the wages of migrant workers at construction sites are delayed, migrant workers can use the following methods to negotiate wages: 1. Take the initiative to negotiate with the employer. When using this method, the attitude of migrant workers to ask for wages can be gentle, and they can talk to each other calmly, and do not solve it violently.

Compared with other methods, negotiation is more flexible and takes less time, and can fully reflect the true will of both parties. 2. When the negotiation between the two sides fails, you can choose mediation to ask for salary. In this way, migrant workers are persuaded to agree to submit the dispute to an organization with mediation functions.

This method is also more convenient. 3. When neither of the above two methods can achieve the purpose of asking for wages, a lawsuit can be initiated, and although the litigation procedure is more troublesome and lasts longer, it has enforceable force. Using this method to ask for wages, the hidden situation of migrant workers can be based on the law and argue on the basis of reason.

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: 1) Failure to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or state regulations; 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.

Generally speaking, in this case, you can refer to the following ways to protect your rights: 1. First negotiate with the unit to solve the problem, which is the fastest; (1) If the contractor wants to carry out the construction, he must be attached to or use the name of a qualified construction unit, so the migrant workers he employs have actually established a labor relationship with the affiliated unit. 2) Now the construction site in accordance with the relevant regulations, should be hung clear project name, construction unit, construction unit signs, then migrant workers in the construction site engaged in labor, should pay attention to the signs, to confirm the construction site of the real construction unit.

3) Migrant workers should pay attention to the relevant evidence of their work at the construction site. 4) If the contractor is in arrears of wages, based on the above evidence, he can claim wages from the construction unit of the construction site. 2. If it is really impossible to negotiate a settlement, and the unit is in arrears of wages and does not pay, you can go to the local labor inspection department to complain and request that the case be filed for processing; According to the relevant provisions of the Regulations on the Supervision of Labor and Social Security, if the arrears of wages are approached by the Labor Inspection Brigade of the Labor and Social Security Bureau, it will order the enterprise to pay wages at the specified time, and if the payment is not made within the time limit, the compensation will be increased according to the standard of 50% to 1 time of the amount payable.

3. Apply directly for arbitration; 4. If you are not satisfied with the arbitration result, you can file a lawsuit in the court within 15 days after getting the arbitration letter; 5. In accordance with the provisions of the state, in the event of arbitration or litigation, you may request that in addition to the full payment of the wages and remuneration of the workers within the specified time, an additional economic compensation equivalent to 25% of the wages and remunerations shall be paid; 6. Or call 12333** directly for consultation and complaints. This is the case with the Human Resources and Social Security Administration. According to the above introduction, it can be known that the fastest way to negotiate is to reach an agreement through negotiation between the two parties; If there is no effect, the collection of evidence is the key to winning the lawsuit, so you should pay more attention to it at ordinary times, and you must choose to use legal means to ask for wages and protect your rights and interests.

If wages are in arrears at a construction site, farmers should take the initiative to negotiate with the employer and preserve the evidence by means of audio or video recordings or a written agreement. If the two parties fail to reach an agreement through negotiation, the migrant worker can call the social security service** to complain, or apply to the labor dispute mediation committee of the unit, or seek help from the trade union assistance center or the trade union legal aid center. If the problem still cannot be resolved, you can file a complaint with the local labor and social security inspection department.

Legal basis. Article 30 of the Labor Contract Law of the People's Republic of China stipulates that the employer shall pay the labor remuneration to the Fudan workers in full and in a timely manner in accordance with the provisions of the contract for late labor 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.