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It is illegal to owe migrant workers wages, no matter how much money they owe. The administrative unit that administers the arrears of wages to migrant workers is the Human Resources and Social Security Bureau. Migrant workers can report to the labor inspection brigade of the Human Resources and Social Security Bureau for the record.
According to Article 3 of the Regulations on Guaranteeing the Payment of Wages to Migrant Workers, migrant workers have the right to receive wages on time and in full. No unit or individual may be in arrears with the wages of migrant workers.
Article 54: In any of the following circumstances, the administrative department for human resources and social security shall order corrections to be made within a set period of time; If the correction is not made within the time limit, a fine of between 20,000 and 50,000 yuan shall be imposed on the unit, and a fine of between 10,000 and 30,000 yuan shall be imposed on the legal representative or principal responsible person, the directly responsible person in charge and other directly responsible personnel
1) Pay the wages of migrant workers in kind, valuable, etc. instead of money.
2) Failing to compile a wage payment ledger and keep it in accordance with law, or failing to provide migrant workers with a wage list.
3) Seizure or covert seizure of the migrant worker's own social security card or bank card bound to the bank account used to pay the migrant worker's wages.
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Arrears of wages for migrant workers are civil economic disputes, not criminal cases, and will not be filed even if they are reported to the police, which has nothing to do with how much money is owed.
Unless the other party is suspected of malicious fraud, or after the court judgment, the money is still refused to repay, the criminal case can be filed.
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If you are in arrears of farmers' wages, you can report to the police and file a case! Normal more than 500 yuan, the specific situation depends on the local order! In this case, you can first discuss with the boss, if you really can't discuss it, then go to the labor supervision department, and finally choose to call the police.
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If your salary exceeds 3,000 yuan, you can file a case and ask the company to repay the migrant workers' money by calling the police.
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If you are not in the hands of the police, you should file a complaint with the Labor Arbitration Commission or the Labor Inspection Brigade, and if you can't deal with it, go to court.
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Legal Analysis: It is possible to call the police but it is not the best way. If there is a suggestion of arrears of wages, you can directly file a complaint with the labor administrative department, and if you still do not pay wages, you can apply for labor arbitration. If you still don't pay your salary, then you can bring evidence and sue the other party directly.
Legal basis: Labor Law of the People's Republic of China
Article 79 After a labor dispute arises, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
Article 91 Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation: (1) deducting or defaulting on the worker's wages without reason; (2) Refusing 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.
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Legal analysis: The contractor is in arrears of migrant workers' wages, of course it is okay to go to the public security bureau to report the case, and it is better to report it to the local labor inspection brigade if you don't open your eyes.
Legal basis: Article 48 of the Labor Law of the People's Republic of China The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record.
The wages paid by the employer to the employee shall not be lower than the local minimum wage.
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 worker 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.
Article 44 In any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) if the workers are arranged to work longer hours, they shall pay wages and remunerations not less than 150 percent of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages. The hall is erected.
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Legal Analysis: Non-payment of wages owed to migrant workers is a civil case. You can go to court to sue for a lawsuit. No matter how much money you owe, you can go to court and sue for repayment. If the wages of migrant workers are in arrears for too long or too much, it is recommended to file a lawsuit with the court as soon as possible.
Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China.
The following conditions must be met for a prosecution:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
2) There is a clear defendant;
3) There are specific litigation claims, facts, and reasons;
4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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Legal Analysis: Non-repayment of arrears to migrant workers is a civil case. You can go to court and sue.
No matter how much money you owe, you can go to court and sue for repayment. For migrant workers whose wages have been in arrears for too long or too much, it is recommended to file a lawsuit with the court as soon as possible.
Legal basis: Article 111 of the Civil Procedure Law of the People's Republic of China and Article 19 of the Civil Procedure Law of the People's Republic of China must meet the following conditions: (1) the plaintiff is a citizen, legal person or other organization with a direct interest in the case; 2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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This can be applied for labor arbitration, and it may not be up to how many cases have been filed.
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, modification, rescission or 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.
You can negotiate with the boss first and let the boss settle the salary as agreed. If the boss does not agree, he can apply to the labor arbitration commission for labor arbitration. When applying for labor arbitration, it is best to have evidence that your fellow villagers have worked for a construction boss. >>>More
If the wages of migrant workers are in arrears, it will definitely be useful for migrant workers to call **12345 to complain, but whether it is effective depends on the evidence and jurisdiction submitted by the specific complaint facts. >>>More
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.
3) Clarify the main responsibilities of all parties involved in wage payment. Fully implement the responsibility of enterprises to pay wages to migrant workers, urge all types of enterprises to pay wages in full and monthly to migrant workers in strict accordance with the law, and strictly prohibit the payment of wages to organizations and individuals that do not have the qualifications to be the main body of employment. In the field of engineering construction, general construction contracting enterprises (including professional contracting enterprises that directly contract construction units to contract projects, the same below) are generally responsible for the payment of migrant workers' wages for the contracted projects, and subcontracting enterprises (including professional enterprises that contract construction general contracting enterprises, the same below) are directly responsible for the payment of the wages of the migrant workers recruited, and shall not deduct or default on the wages of migrant workers on the grounds that the project funds have not been paid, and shall not transfer the business risks such as project receivables to migrant workers. >>>More
I didn't sign a contract, I didn't have an IOU, what if the boss didn't give money.