Does the trade union manage the arrears of wages of migrant workers, and is it useful to find a trad

You can choose the appropriate legal way to solve the arrears of wages by yourself, because the different remedies of employment are also different, the following are the wage solutions:

1. If you work for an employer, there are two ways to ask for wages:

1. You can go to the local labor bureau to complain about the labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;

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.

Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

2. If you are working for an individual, which is not considered an employment relationship, you can directly go to the court to sue the individual boss and demand payment of labor remuneration.

Wage arrears 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.

Legal Analysis: Not Useful. If the company does not pay the employee's legal wages, if the employer illegally defaults on the employee's wages, and the employee complains to the labor inspection department that he can claim his legitimate rights and interests, the employee can also apply to the labor dispute arbitration commission where the employer is located to apply for labor arbitration.

Legal basis: Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and employees within the territory of the People's Republic of China: (1) disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, deterioration of lead leases, dissolution and termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.; (6) Other labor disputes as provided for by laws and regulations.

Article 78 of the Labor Contract Law of the People's Republic of China The trade union shall protect the legitimate rights and interests of the workers in accordance with the law, and shall supervise the performance of the labor contract and collective contract by the employer. If an employer violates labor laws, regulations, labor contracts, or collective contracts, the trade union has the right to submit opinions or request corrections; Where a worker applies for arbitration or initiates a lawsuit, the trade union shall provide support and assistance in accordance with law.

Legal Analysis: First of all, go to the local labor department to file a complaint. In the process of rights protection, it is best to provide proof of the labor relationship with the employer, such as pay stubs, attendance sheets, work documents, etc.

After confirming the labor relationship, the employer can negotiate with the employer for the illegal act of arrears of wages and request the employer to pay back wages. If the negotiation fails, you can bring the relevant materials to the labor bureau to file a complaint or file a labor arbitration with the labor arbitration commission where the employer is located.

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and national regulations, pay the labor remuneration to the employee 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.

Interim Provisions on Payment of Wages".

Article 18 The labor administrative departments at all levels shall have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the lawful rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation: (1) deducting or delaying the worker's wages without reason; (2) Refusal to pay wages for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard.

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

Article 19 Where a labor dispute arises between a worker and an employer of the Hexun nationality over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with the law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Summary. Hello, for your question [Does the Arrears of Workers' Wages Management Committee manage] The answer to this question is as follows: The Labor Bureau will manage.

1. If the employer is in arrears of wages, if it cannot be resolved through negotiation, it can go to the local labor inspection department to complain or apply for labor arbitration; 2. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of a labor relationship between the two parties: (1) Wage payment vouchers or records, and records of payment of various social insurance premiums; (2) The "work permit", "service certificate" and other documents that can prove the identity issued by the employer to the worker.

Hello, for your question [arrears of workers' wages management pants Biqing Committee management] This question gives you the following answer: The Labor Bureau will manage. 1. If the employer is in arrears of wages, if it cannot be resolved through negotiation, it can go to the local labor dust supervision department to complain or apply for labor arbitration; 2. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

1) Wage payment vouchers or records, and records of payment of various social insurance premiums; (2) Certificates that can prove identity, such as "work permit" and "service certificate" issued by the employer to the worker.

The following is a relevant extension, I hope it will be helpful to you: 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 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) Where the wages of workers are paid below the local minimum wage standard, and the wages are greatly lost; 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.

Migrant workers who are in arrears of wages may report to the administrative department for human resources and social security or other relevant departments. According to the laws of China, 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 file a lawsuit. Any unit or individual has the right to report to the administrative department for human resources and social security or other relevant departments any act of arrears in the wages of migrant workers.

Article 10 of the Regulations of the People's Republic of China on Guaranteeing the Payment of Wages to Migrant Workers.

Migrant workers who are owed wages have the right to file a complaint in accordance with the law, or apply for mediation and arbitration of labor disputes and file a lawsuit. Any unit or individual has the right to report to the administrative department for human resources and social security or other relevant departments any act of arrears in the wages of migrant workers. 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.

1. If the negotiation cannot be resolved, the employee can solve the problem through the following legal means:

1) Complain and report to the local labor and social security inspection agency;

2) To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application should be submitted to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute;

3) Resolve through litigation. This is divided into three situations: First, for labor dispute cases, if any party is dissatisfied after labor arbitration, it can file a lawsuit with the court.

2. If the employer fails to enforce the labor arbitration award after it takes effect, the employee may apply to the court for compulsory enforcement.

3. If it is a labor arrears, a civil lawsuit can be filed directly with the court. According to Article 9 of the Labor Dispute Mediation and Arbitration Law, if an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of 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. According to Article 17 of the Regulations on the Supervision of Labor Security, the investigation of violations of labor security laws, regulations or rules by the labor security administrative department shall be completed within 60 working days from the date of filing the case; For complicated situations, with the approval of the person in charge of the labor and social security administrative department, the potato leakage may be extended by 30 working days.

Legal Analysis: The arrears of workers' wages are managed by the Labor Inspectorate.

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.