What are the laws and regulations on arrears of wages for migrant workers?

Employees have the right to receive wages and remuneration for the actual working period, and the company's refusal to pay wages is illegal.

Migrant workers who are owed wages can choose to protect their rights by filing labor arbitration.

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) 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 these Regulations.

Article 276-1 of the Criminal Law of our country stipulates: Whoever evades the payment of laborers' labor remuneration by means such as transferring property or escaping, or has the ability to pay but fails to pay laborers' labor remuneration, and the amount is relatively large, and the payment is still not made after being ordered to do so by the relevant departments, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Where there are acts in the preceding two paragraphs, but serious consequences have not yet been caused, and the laborer's labor remuneration is paid before the public prosecution is initiated, and the corresponding liability for compensation is borne in accordance with law, the punishment may be commuted or waived.

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

Article 91 Where an employer infringes upon the lawful rights and interests of a laborer in any of the following circumstances, the labor administration department shall order the laborer to pay remuneration and economic compensation, and may also order the payment of compensation: (deducting or delaying the worker's salary; (Refusal to pay wages and wages for extended working hours; (3) Paying wages below the local minimum wage standard; (4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.

Article 6 of the Interim Provisions on Payment of Wages shall be paid by the employer to the employee. If the worker is unable to receive wages for any reason, his relatives or entrusting others**. The employer may entrust the bank to pay the wages on behalf of the employer.

The employer must keep a written record of the amount and time of payment of the employee's wages, the name and signature of the recipient, and keep it for at least two years for future reference. When paying wages, the employer shall provide the employee with a list of his or her personal wages.

New regulations on arrears of wages for migrant workers: Anyone who evades the payment of migrant workers' labor remuneration by means such as transferring property, escaping, etc., or who has the ability to pay but does not pay the labor remuneration of laborers, and the amount is relatively large, and the payment is still not paid after being ordered to do so by the relevant departments, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

The law prohibits migrant workers from being in arrears of wages, and if they are in arrears, they can apply for labor arbitration at the local labor bureau.

2017 Most Laws and Regulations on Wage Arrears for Migrant Workers Those who have a large amount of wage arrears and still refuse to pay them for more than three months will face legal charges for the crime of wage arrears.

The law and regulation on arrears of wages for migrant workers is the Labor Law of the People's Republic of China. Where wages are deducted or arrears of wages without reason, the labor administrative department shall order the payment of wages and remuneration and economic compensation to the laborer, and may also order the payment of compensation. The solution to wage arrears is as follows:

1. Negotiate and negotiate with the company;

2. Workers can file a complaint with the local labor bureau for labor inspection, first report to the local labor department, and then present relevant evidence of the employer's infringement and submit the complaint document to the labor department. Scope of acceptance: All enterprises, institutions or other employers under the jurisdiction of the district that violate labor security laws and regulations are within the scope of acceptance of reports and complaints;

3. You can go to the local labor bureau, that is, the labor dispute arbitration committee of the human resources and social security bureau, to apply for arbitration and ask for payment of wages. If there is no employment contract, the company may demand double the salary for 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.

Legal basisArticle 91 of the Labor Law of the People's Republic of China.

If a unit that infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the payment of wages and remuneration and economic compensation to the worker, 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) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.

Legal analysis: If the employer is in arrears or fails to pay the labor remuneration in full, it may file a complaint with the labor inspectorate, which shall accept it and order the employer to pay within a time limit; If the payment is not made within the time limit, it shall be ordered to pay compensation according to 50 to 100 percent of the amount in arrears.

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 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.

Laws and regulations on wage arrears for migrant workers include the Labor Law of the People's Republic of China and the Labor Contract Law of the People's Republic of China.

The solution to the arrears of wages of migrant workers is as follows:

1. ** Complaints to the local labor law enforcement inspection brigade, they will supervise and inspect the employer in accordance with the law, and order it to pay the arrears of wages;

2. 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;

3. Apply for labor arbitration directly to the local labor administrative department, and claim compensation from the unit through the award issued by labor arbitration, if you still do not pay compensation, you can apply 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.

Legal basisArticle 88 of the Labor Law of the People's Republic of China.

Workers at all levels will safeguard the legitimate rights and interests of workers in accordance with the law, and supervise the employer's compliance with labor laws and regulations.

Any organization or individual has the right to report and accuse for violations of labor laws and regulations.

Article 89.

If the labor rules and regulations formulated by the employer violate the provisions of laws and regulations, the labor administrative department shall give a warning and order corrections; If damage is caused to the worker, he shall be liable for compensation.

Legal analysis1. Report to the labor administrative department; 2. Apply for arbitration to the Labor Arbitration Commission; 3. Apply to the local people's court for a payment order. Under normal circumstances, those who owe wages to migrant workers will not be sentenced. This is a labor dispute, and at most it is to bear the corresponding administrative penalties and compensation liabilities.

However, if there is an evasion of payment of labor remuneration by transferring property, evasion, etc., or having the ability to pay but not paying the labor remuneration of the laborer, the amount is relatively large, and the relevant departments have ordered to pay but still do not pay, then it will be committed the crime of refusing to pay labor remuneration as stipulated in the Criminal Law, and at this time, it is necessary to convict and sentence according to the circumstances of the crime.

Legal basisLabor 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 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 according to the standard of 50% to 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 the national rules and 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.

On January 19, 2016, the General Office of the People's Republic of China issued the "Opinions on Comprehensively Addressing the Problem of Wage Arrears for Migrant Workers" (hereinafter referred to as the "Opinions"), which put forward clear requirements for improving the long-term mechanism for preventing and resolving the problem of arrears of migrant workers' wages and fundamentally addressing the problem of arrears of wages for migrant workers. The "Opinions" put forward 16 specific governance measures from five aspects: standardizing the wage payment behavior of enterprises, improving the supervision and guarantee system of wage payment, promoting the construction of a credit system for enterprise wage payment, handling wage arrears cases in accordance with the law, and improving the management of project fund payment and employment methods in the construction field. The "Opinions" put forward that by 2020, the system will be completed or improved, the responsibility will be implemented, and the supervision will be strong, so as to fundamentally curb the problem of arrears of migrant workers' wages, and strive to achieve almost no arrears.

It should be reminded that migrant workers are also workers, and all laws that protect the rights and interests of workers are equally applicable to migrant workers.

Article 1 of the Measures for the Assessment of the Payment of Migrant Workers' Wages.

1. Wages shall be paid according to the date agreed in the labor contract, and if the employer is in arrears of wages, it may file a complaint with the labor and social security administrative department (labor inspection brigade), and the labor inspection brigade shall order it to pay within a time limit. When complaining, a copy of the person's ID card and evidence of relevant wage arrears should be provided;

2. Apply to the Labor Dispute Arbitration Commission for labor arbitration on the grounds of failure to pay wages in full and on time, and request the termination of labor relations and payment of wages and economic compensation. If you still want to maintain the employment relationship, you can only ask for payment of wages. When applying for labor arbitration, a written application for arbitration shall be submitted; List of evidence and corresponding evidence materials (2 copies) The main evidence materials are labor contracts, salary bank statements; Copy of ID card (1 copy).

Legal basisArticle 28 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.

The claimant applying for arbitration shall submit a written application for arbitration and submit copies according to the number of respondents.

The statement of claim for arbitration shall contain the following particulars:

1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;

2) the claim for arbitration and the facts and reasons on which it is based;

3) Evidence and evidence**, names and addresses of witnesses.

If it is really difficult to write an arbitration application, it may be written as an oral application, and the labor dispute arbitration commission shall record it in the record and inform the other party.

Article 29.

Within five days from the date of receipt of the arbitration application, if the labor dispute arbitration commission finds that it meets the conditions for acceptance, it shall accept it and notify the applicant; Where it is found that the requirements for acceptance are not met, the applicant shall be notified in writing not to accept the application and the reasons shall be explained. If the labor dispute arbitration commission does not accept the case or fails to make a decision within the time limit, the applicant may file a lawsuit with the people's court on the labor dispute matter.