What to do if you are owed wages on the construction site, what to do if you are in arrears of wages

The solution to the arrears of wages on the construction site is as follows:

1.The easiest way to do this is to file a complaint with the local Labor Law Enforcement Inspection Brigade. They will supervise and inspect the employer in accordance with the Regulations on Labor and Social Security Supervision and order it to pay the arrears of wages.

2.According to Article 30 of the Labor Contract Law, if an employer is in arrears or fails to pay 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 way is to apply directly to the local labor administrative department for labor arbitration (no fees, no lawyers), and claim compensation from the employer through the award issued by the labor arbitration. If the compensation is not paid, 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 also be filed with the court within 15 days and directly enforced through the court judgment.

5.At the same time, according to Article 85 of the Labor Contract Law, you can request the employer to pay you additional compensation according to the standard of between 50% and 100% of the amount payable.

Article 30 of the Labor Contract Law [Labor Remuneration] The employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the labor contract and state regulations.

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.

From May 1, 2020, the Regulations on Guaranteeing the Payment of Wages to Migrant Workers came into force. If the migrant worker is owed wages and the employer is unable to pay it for a while, or the employer in arrears of wages has escaped, the county level or above may use the emergency working capital to advance part of the arrears of migrant workers' wages or basic living expenses, and then recover from the employer.

It is advisable to lodge a complaint with the labour inspectorate. You can also record evidence that he owes you wages, and then file a lawsuit directly with the court, and the court will support your claim.

Legal basis] Article 30 of the Labor Contract Law stipulates that the employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract 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.

Ways to resolve unpaid wages:

1. It is recommended to file a complaint with the labor inspection department.

2. Learn to use the law to defend rights and collect evidence to file a lawsuit.

If wages are in arrears, they 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 the local labor dispute arbitration institution to apply for arbitration, and if you are not satisfied with the arbitration, you can also go to the people's court to file a lawsuit and enforce it.

Employees who are owed wages can first file a complaint with the labor inspection department, or they can directly apply for labor arbitration.

Legal analysis: 1. Negotiate with your company first.

If you want to get your wages back, the most time-saving way is to negotiate with the company, or you can ask the labor union or a third party to negotiate with the employer to reach a settlement agreement.

2. Find relevant departments for mediation.

If you are unwilling to negotiate, fail to negotiate, or your company still does not perform after reaching a settlement agreement, then you can also apply to a mediation organization for mediation now.

3. Apply for labor arbitration.

According to the above solution, if you are unwilling to mediate, if the mediation fails, or if you do not perform after reaching a mediation agreement, then you can now apply to the labor arbitration commission for arbitration.

4. Go to court to file a lawsuit.

If the problem cannot be solved by following the above channels, then you do not need to worry, you can directly file a civil lawsuit with the court to recover the labor remuneration that should be paid to you.

Legal basis: Civil Procedure Law

Article 3: The provisions of this Law apply to people's courts' acceptance of civil litigation raised between citizens, legal persons, other organizations, and between them on the basis of property and personal relationships.

Labor inspection complaints from the Labor Bureau.

Any organization or individual has the right to report violations of labor security laws to the administrative department of human resources and social security; Workers have the right to lodge a complaint with the administrative department of human resources and social security against the employer's violation of labor security laws and infringement of their legitimate rights and interests.

The scope of the complaint includes:

1. The employer fails to formulate rules and regulations that directly affect the vital interests of the employee.

2. The employer has not established an employment management account.

3. The employer and the employee have not signed a labor contract, agreed on a probationary period and other necessary terms, failed to deliver the text of the labor contract, and failed to issue a certificate of dissolution or termination of the labor relationship.

4. The employer fails to implement the minimum wage standard, fails to pay the employee's wages, economic compensation and compensation.

5. The employer fails to comply with the relevant regulations on employment registration and filing, as well as the regulations on the employment of Taiwanese, Hong Kong and Macao personnel in the Mainland and the employment of foreigners in China.

6. The employer fails to comply with the special labor protection regulations for female employees and juvenile workers and the regulations on not prohibiting the use of child labor.

7. The employer fails to comply with the regulations on working time and rest and vacation.

8. Failure of labor dispatch units and employers to comply with the relevant provisions of labor dispatch.

9. Vocational intermediary institutions, vocational skills training institutions and vocational skills assessment and appraisal institutions fail to comply with the relevant provisions on employment introduction, vocational skills training and vocational skills assessment and appraisal.

10. Medical institutions, drug business units and other social insurance service institutions fail to comply with the relevant provisions of social insurance.

11. The internship and trainee unit fails to comply with the laws and regulations on labor security for student internships and trainees.

12. As well as other labor security supervision and inspection matters stipulated by laws, regulations and rules.

In accordance with the Interim Regulations on the Payment of Wages

Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the wages of the laborer in full at the time of dissolution or termination.

Article 18 The labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate 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 defaulting on the wages of workers without reason.

2) Refusal to pay wages for extended working hours.

3) Paying wages to workers at a rate lower than the local minimum wage.

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

Article 19 In the event of a labor dispute between a worker and an employer over the payment of wages, the person concerned may apply to the labor dispute arbitration organ 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.

In order to avoid wage arrears, employees need to keep the proof of labor relationship. In addition, the situation of the employer's payment of wages will be recorded, and the future unit's failure to pay wages will be used as evidence.

The above content refers to: Encyclopedia - Interim Regulations on Payment of Wages.

Legal analysis: You can file a lawsuit with the people's court and apply for a payment order.

Legal basis: Labor Contract Law of the People's Republic of China Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, 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.

According to the relevant documents: since 2015, if the enterprise fails to publicize the annual report in accordance with the regulations for two consecutive years, it will be fined 5,000 yuan; Failure to publish the annual report in accordance with the provisions for more than three consecutive years (including three years) shall be fined 10,000 yuan. Where individual industrial and commercial households fail to submit an annual report in accordance with regulations and refuse to make corrections, they shall be fined not less than 100 yuan but not more than 1,000 yuan.