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What should I do if I am in arrears of migrant workers' wages and the contractor refuses to admit it? All of you work together to gather evidence. Submit to the labor arbitration commission for arbitration, and they will give you fair and impartial arbitration.
FYI. I hope it can help you, and I wish you all the money you deserve soon.
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It's easy to do, go and sue him directly. It's okay to go to the labor office.
Don't worry, why don't you go home and manage this part very strictly, and you will definitely give justice to migrant workers.
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Call the police! It is a crime to maliciously pay arrears.
As long as these people who are owed wages write testimony together and go to the police together, the matter can be successfully resolved.
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As long as he provides evidence of participation in labor, he can go to the arbitration tribunal to plant vegetables, or he can go to the court to sue the boss.
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I think this situation can be sued through labor arbitration. This contractor foreman.
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The contractor does not pay the wages of the migrant workers in arrears, and the solution is as follows:
1. Negotiate and settle the matter through friendly negotiation with the contractor;
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 you do not have an employment contract, you can 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.
Legal basis: Article 91 of the Labor Law of the People's Republic of China.
If 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) 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) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.
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Directly submit labor promotion to the labor arbitration department. 1. It must be explained that the labor relationship between the migrant worker and the contractor is formed (not a cooperative relationship, because the IOU of the contractor says that it is owed "project money"), which is very important, if it is a cooperative relationship, it is an economic dispute and not a labor dispute, and the economic dispute belongs to the court;
2. It must be emphasized that since the contractor, the migrant workers complete the project according to his work requirements and accept his daily management and personnel deployment (this is in line with the first point above);
3. For the proof, it can be explained: 1. The existence of the fact of the labor relationship and the time of establishment; Second, the contractor failed to pay labor remuneration in accordance with the law (when applying for labor arbitration, it must be indicated that the contractor is required to pay wages, not "project money");
4. If the labor department accepts the application, the contractor can also apply for compensation for failing to pay wages in time.
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Legal analysis: If the contractor is a company or natural person without contracting qualifications, the migrant worker can ask the subcontractor to which the contractor belongs to bear joint and several liability for the arrears of wages, and require the subcontractor to bear the obligation to pay wages.
Legal basis: Article 12 of the Interim Measures for the Administration of Wage Payment of Migrant Workers in the Construction Field shall not contract or subcontract the project to an organization or individual that does not have the qualifications of the employing entity in violation of regulations, otherwise it shall be jointly and severally liable for paying off the arrears of wages.
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Hello dear, glad to answer for you. First, you can find the law enforcement brigade of the Human Resources and Social Security Bureau, and the law enforcement supervision brigade of the Human Resources and Social Security Bureau is the administrative department responsible for the wage of migrant workers.
If the contractor is in arrears of wages, if the migrant worker is dealt with in the following way:
1. Famous agricultural workers should first collect evidence, chat records, and proof of work on the construction site, such as work cards, on-site **, etc.; It's all possible.
2. After the preliminary collection of evidence, you can go to the court to prosecute the issue;
The parties can directly file a lawsuit with the people's court to demand the payment of wages from the contractor.
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Summary. Hello, the contractor does not pay the wages of migrant workers, you can deal with it like this:1
If the parties are unwilling to negotiate and mediate or the negotiation and mediation fails, according to the provisions of China's Labor Dispute Mediation and Arbitration Law, migrant workers can apply to the labor arbitration institution for labor arbitration to protect their legitimate interests. 2.If the applicant is dissatisfied with the award of the arbitration institution, he or she may file a lawsuit with the people's court within the time prescribed by law.
Hello, the contractor does not pay the wages of migrant workers, you can deal with it like this:1If the parties are unwilling to negotiate and mediate or the negotiation and mediation fails, according to the provisions of China's Labor Dispute Mediation and Arbitration Law, migrant workers can apply to the labor arbitration institution for labor arbitration to protect their legitimate interests.
2.If the applicant is dissatisfied with the ruling of the arbitration institution, he or she may file a lawsuit with the people's court within the time prescribed by law.
Legal basis: In the event of a labor dispute in the event of a labor dispute in the event of a labor dispute in the event of a labor dispute that the parties are unwilling to negotiate or fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If you are unwilling to mediate, fail to mediate, or fail to perform after reaching a mediation agreement, you may apply to the Labor Bridge Hail Bridge Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
Now I don't answer **, and I can't find anyone if I don't reply to the message.
Do you have a labor contract with the contractor?
There is no contract. Without an employment contract, you cannot go to the Human Resources and Social Security Bureau to apply for labor arbitration, in which case it is not an employment relationship, but a cooperative relationship.
It is an economic dispute and not a labor dispute, and the "disappearance" of the contractor is a matter for the courts.
You have to go to the people's court to sue the contractor.
What materials are needed.
Is there an IOU? If you have an IOU, you can directly prepare a complaint, an IOU and other materials to sue.
There is no IOU, can I sue?
There is no IOU, and it is also possible to sue as well.
Then you need to provide some proof of the slow work on the construction site, to prove that you have a labor relationship with the contractor, so that Zhishan can sue the other party for the money owed to you.
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If the contractor is a company or natural person without contracting qualifications, the migrant worker can ask the subcontractor to which the contractor belongs to the contractor to bear joint and several liability for the arrears of wages, and require the subcontractor to bear the obligation to pay wages.
Legal basis] Caution and concealment.
Article 12 of the Interim Measures for the Administration of Wage Payment of Migrant Workers in the Construction Field shall not be subcontracted or subcontracted to organizations or individuals that do not have the qualifications of the employing entity in violation of the regulations, otherwise they shall be jointly and severally liable for paying off the arrears of wages.
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If the parties are unwilling to negotiate and mediate or the negotiation and mediation fails, according to the provisions of China's Labor Dispute Mediation and Arbitration Law, the migrant workers can apply to the labor arbitration institution for labor arbitration to protect their legitimate interests. If the applicant is not satisfied with the ruling of the arbitration institution, he or she may file a lawsuit with the people's court within the time prescribed by law. In the event of a labor dispute in accordance with Article 5 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, if the Hui Tsai errand is unwilling to negotiate, fails to negotiate or fails to perform after reaching a settlement agreement, he may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
Legal basis: In the event of a labor dispute in the event of a labor dispute in the event of a labor dispute in the People's Republic of China and the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
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If the contractor fails to pay the wages of the migrant workers, the workers may file a complaint with the labor and social security administrative department. If the employer fails to pay the wages of the employee on time or in insufficient amount, the worker can resolve the matter through the labor security supervision department or the court, so as to protect his or her legitimate rights and interests.
Article 12 of the Interim Measures for the Administration of Wage Payment of Migrant Workers in the Construction Field shall not contract or subcontract a pure buried round project to an organization or individual that does not have the qualifications of an employing entity in violation of regulations, otherwise it shall be jointly and severally liable for paying off the arrears of wages.
Directly submit labor promotion to the labor arbitration department. 1. It must be explained that the labor relationship between the migrant worker and the contractor is formed (not a cooperative relationship, because the IOU of the contractor says that it is owed "project money"), which is very important, if it is a cooperative relationship, it is an economic dispute and not a labor dispute, and the economic dispute belongs to the court; >>>More
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
1.If the contractor does not have the qualifications to employ personnel, the contractor, i.e., the construction unit, shall be listed as the subject of the lawsuit and bear the main responsibility of the employing entity. >>>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.