Where to complain if the construction site does not pay wages, and what to call to report if the con

If wages are not paid on the construction site, you can go to the local labor inspection department to complain and request that the case be filed.

It is also possible to apply directly for arbitration. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter. According to the provisions of the state, in the arbitration or litigation, in addition to the full payment of the employee's wages and remuneration within the specified time, an additional economic compensation equivalent to 25% of the wages and remuneration shall be required, or directly call 12333** for consultation and complaints.

According to the relevant regulations, wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.

The specific date of payment of wages shall be agreed between the enterprise and the employee. Once the date of payment of wages is determined, the wages of the workers shall be paid in strict accordance with the prescribed date, and if the wages are not paid within the time limit, they shall be treated as arrears of wages.

On the premise that the employee has provided normal work, the employer shall pay the employee all the labor remuneration according to the standard stipulated in the labor contract, and shall not arbitrarily "deduct wages". Wage deduction is the same as wage arrears, which is also a "failure to pay labor remuneration in full and on time", and will also face the risk of "the employee can terminate the contract" and "pay compensation" for the above-mentioned wage arrears. The so-called "deduction" of wages refers to the deduction of wages due to employees by employers without justifiable reasons.

Legal basis

Labor Contract Law of the People's Republic of China

Article 30 [Labor Remuneration] The employer shall pay the labor remuneration to the worker 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. Article 85: [Legal Responsibility for Failure to Pay Labor Remuneration, Economic Compensation, etc.] 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 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.

Interim 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 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) Withholding 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.

Legal Analysis: to Labor Inspection Complaints. If the employer is in arrears or withholds wages, including the situation that wages are withheld and not paid after resignation, the employer may go to the labor inspection of the place where the employer is located to fill in a complaint form.

Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the workers themselves in the form of money on a monthly basis, and the wages of the workers shall not be deducted or delayed without reason. "Regulations of the People's Republic of China on the Supervision of Labor Security" Article 17 The investigation of violations of labor security laws, regulations or rules by the administrative department for labor security shall be completed within 60 working days from the date on which the case is filed.

If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.

Legal analysis: If the boss does not pay the worker's salary, he can call 12333.

a) If you are working for an employer, there are two ways to claim wages:

1. Workers can complain to the local labor inspection brigade;

2. You can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request 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.

2) If it is a job for an individual, it is not considered an employment relationship, and the individual can directly go to the court to sue the individual boss and demand payment of labor remuneration.

Legal basis: Labor Dispute Mediation and Arbitration Law of the People's Republic of China Article 5 In the event of a labor dispute, if 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.

Interim Provisions on Payment of Wages Article 18 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) Withholding 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.

Legal analysis: If wages are not paid on the construction site, you can call 12333 to complain, or you can complain to the local labor department, apply for labor arbitration, and file a civil lawsuit with the court if you have objections to the arbitration result.

Legal basis: Article 79 of the Labor Law of the People's Republic of China After the occurrence of a labor dispute, the parties concerned may apply for mediation to the Labor Dispute Mediation Committee of the unit; 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.

1. Local Labor Law Enforcement Supervision Brigade.

The easiest way is to file a complaint with the local labor law enforcement inspection brigade, who will supervise and inspect the employer in accordance with the "Labor Security Supervision Regulations" and order it to pay the arrears of wages. Complaints and reports** Consult the local labor department for details.

2. Local people's courts.

Article 30 of the Labor Contract Law stipulates that if an employer defaults on or fails to pay the remuneration in full, the employee may apply to the local people's court for payment of the notice of burning order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

3. Local labor administrative department.

The most effective is to apply directly to the local labor administrative department for labor arbitration (no fees, no lawyers), and through the award issued by the labor arbitration, claim compensation from the unit, and if the compensation is not paid, you can apply to the court for enforcement. (Statute of limitations for initiating labor arbitration: 60 days; That is, the employee shall apply to the labor arbitration commission for arbitration within 60 days from the "date of occurrence of the labor dispute".

However, many workers have been questioning how to define the "date of occurrence of labor disputes". According to the Second Judicial Interpretation on Labor Disputes, the dispute over wage arrears shall be calculated from the date on which the employee receives a written notice of "refusal to pay wages" from the employer, otherwise the "date on which the employee claims rights" shall be taken as the standard. )

4. Civil litigation in the local people's court.

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 the court judgment can be directly enforced.

Data Extensions

It is illegal to be in arrears for a few days:

Article 7 of the Interim Provisions on Payment of Wages stipulates that "wages must be paid on the date agreed between the employer and the employee." In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages shall be paid at least once a month, and wages shall be paid on a weekly, daily, and hourly basis if the weekly, daily, and hourly system is implemented", and wages must be paid on a monthly basis.

If the agreed payroll date is exceeded, it shall be considered as arrears of wages. ”

Legal Analysis: to Labor Inspection Complaints. If the employer is in arrears or withholds wages, including the situation that wages are withheld and not paid after resignation, the employer may file a complaint by filling in the labor inspection form at the place where the employer is located.

Legal basis: Article 50 of the Law of the People's Republic of China on Labor Workers Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis, and the wages of the workers shall not be deducted or owed without reason. "Regulations of the People's Republic of China on the Supervision of Labor Security" Article 17 The investigation of violations of labor security laws, regulations or rules by the administrative department for labor security shall be completed within 60 working days from the date on which the case is filed.

For complicated situations, with the approval of the person in charge of the labor and social security administrative department, it may be extended by 30 working days.

1.Negotiate with your boss to settle the matter; 2.You can apply for labor arbitration and require the employer to pay you the arrears of wages, manuscript deposits, severance payments, double wages for relatives who have not signed a labor contract (starting from the second month of employment, up to 11 months), overtime wages, etc.; The statute of limitations for labor arbitration is one year; 3.

If the applicant is not satisfied with the arbitration result, he or she may file a lawsuit with the court; 4.You may file a complaint with the labor inspectorate, which will order the employer to make corrections.

Article 5 of the Labor Dispute Arbitration Law.

In the event of a labor dispute, if 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.