What should I do if the contractor does not pay the arrears of wages?

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.

If the contractor fails to pay wages in arrears, the worker can solve the problem through the following ways:

1.Lodge a complaint with the Labour Inspectorate. If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, the worker may file a complaint with the labor administrative department, which shall handle the matter in accordance with law.

2.Labor arbitration. 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, or if they are unwilling to mediate, fail to mediate, or fail to perform after reaching a mediation agreement, they may apply 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.

3.Filing a lawsuit in court. If the worker has an IOU, he or she may file a civil lawsuit with the court with his ID card, household registration booklet, IOU, complaint and a copy thereof, and the court orders the employer to pay the arrears, but the employer still fails to pay, the worker may apply to the court for compulsory enforcement within two years after the expiration of the time limit specified in the judgment.

4.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.

Legal basis] Article 9 of the Labor Dispute Mediation and Arbitration Law provides that 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 deal with it in accordance with the law.

Legal Analysis: Wage arrears are illegal. As long as the employee participates in the company's work, regardless of whether the labor contract is signed or not, the corresponding labor remuneration needs to be paid.

If the worker has paid the labor, the employer shall pay the wages in accordance with the law. It is illegal for an employer to deduct wages, and the employee can file a complaint with the local labor inspection brigade or apply to the labor dispute arbitration department for arbitration.

Legal basis: Article 50 of the Labor Law: Wages shall be paid to the workers themselves in the form of money on a monthly basis, and wages shall not be deducted or owed to the workers without reason.

Article 30 of the Labor Contract Law: The employer shall pay the employee labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract and the provisions of the state. Article 9 of the Interim Provisions on Payment of Wages:

When both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

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.

If the contractor is in arrears of wages, the worker may file a complaint with the labor administrative department, apply for mediation, or apply to the labor dispute arbitration commission for labor arbitration. According to the relevant provisions, 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 worker may file a complaint with the labor administrative department, which shall handle the matter in accordance with the law.

If the contractor fails to reach an agreement and the contractor is still in arrears, then the migrant worker can file a complaint with the labor inspection brigade or seek arbitration from the labor dispute arbitration commission, and if the migrant worker is not satisfied with the arbitration result, the migrant worker can also file a lawsuit with the people's court. Migrant workers should take legal measures to protect their rights and interests, and actively seek legal assistance. Finally, if none of the above means can realize their own rights and interests, they should promptly file a lawsuit with the people's court.

After the court judgment takes effect, it may request the court to compel the employer to pay the project price.

If the company fails to pay the employee's wages on time, the employee may terminate the labor contract at any time and immediately require the company to pay the employee's arrears of wages and 25% of the arrears of wages as economic compensation.

If the employer is in arrears of wages, he or she can file a complaint with the security supervision brigade of the labor department, or directly apply for labor arbitration.

Legal basis: Article 50 of the Labor Law stipulates that wages shall be paid to the worker in the form of money on a monthly basis, and the wages of the worker shall not be deducted or owed without reason. Article 30 of the Labor Contract Law stipulates that an employer shall pay the employee remuneration in full and in a timely manner in accordance with the provisions of the labor contract and national regulations.

Article 9 of the Interim Provisions on Payment of Wages stipulates that when both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

1. What should I do if the contractor does not pay the arrears of wages?

1. The solution to the arrears of wages of the contractor is as follows:

1) Negotiate and settle the solution;

2) If the negotiation fails, the worker can complain to the labor administrative department and apply for mediation;

3) Workers can also apply for labor arbitration at the Labor Dispute Arbitration Commission.

2. Legal basis: Article 9 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China.

If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears in medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle the matter in accordance with law.

Article 10 In the event of a labor dispute, the parties may apply for mediation to the following mediation organizations:

1) Enterprise Labor Dispute Mediation Committee;

2) Basic-level people's mediation organizations established in accordance with law;

3) Organizations established in townships and neighborhoods with labor dispute mediation functions.

The enterprise labor dispute mediation committee is composed of employee representatives and enterprise representatives. Employee representatives shall be appointed by members of the trade union or elected by all employees, and enterprise representatives shall be designated by the person in charge of the enterprise. The director of the enterprise labor dispute mediation committee shall be a member of the trade union or a person nominated by both parties.

2. What information do you need to bring to the labor bureau to apply for arbitration of arrears of wages?

The main materials that need to be brought to the labor bureau to apply for arbitration of arrears of wages are:

1. Salary card, salary passbook, salary slip or record confirmed by the unit, and employee roster stamped by the unit;

2. Records of the employer's payment of various social insurance premiums for the employee;

3. "Work Permit", "Service Certificate" and other documents that can prove the identity issued by the employer to the employee;

4. Recruitment records such as the "registration form" and "registration form" filled in by the employee;

5. Attendance records stamped by the employer;

6. Testimony of other workers, etc.

Legal analysis: to confirm the facts of the employment relationship with the employer, such as payslips, attendance records, documents in the course of work. After confirming the labor relationship, the employer can negotiate with the boss to request the employer to pay back wages for the illegal act of arrears of wages.

If the negotiation fails, bring the relevant materials to the labor bureau to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration.

Legal basis: 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.

The solution to the contractor's non-payment of wages is as follows:

1. The parties concerned may file a complaint or report to the local labor and social security supervision agency;

2. The parties may apply to the local labor dispute arbitration commission for arbitration;

3. If the labor contract has not been signed

1) It is possible to demand the payment of double wages for those who have not signed a labor contract;

2) If the labor relationship is terminated on the basis of arrears of wages, the employee may also be required to pay severance payments;

4. For labor dispute cases, if any party is dissatisfied after labor arbitration, it can file a lawsuit with the court, and they will obey after arbitration;

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

6. Those who belong to the category of labor arrears can directly file a civil lawsuit with the court.

Legal basisArticle 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) The wages of the laborer are paid to the grandchildren below the local minimum wage standard;

4) Failing to give economic compensation to the employee in accordance with the provisions of this Law after the labor contract has no time to terminate.