1. Is the case of wage arrears for migrant workers a civil lawsuit?
Although the case of migrant workers' unpaid wages does fall within the jurisdiction of civil litigation, if migrant workers encounter unpaid wages, they should first file labor arbitration. Only after arbitration, can we continue to bring a lawsuit to the civil court without getting the desired result. Otherwise, directly filing a civil lawsuit will not only be unprotected, but may also be rejected.
Two, solve the case of wage arrears of migrant workers
First, if migrant workers have IOUs, they can bring a lawsuit directly to the people's court where the defendant is located, without going through the labor bureau first;
Second, if migrant workers are in arrears but not in arrears, they can apply for labor arbitration or complain to the labor inspection department;
Third, the legal basis:
1 Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (II) Article 3 Laborers take the wages owed by the employer as evidence and bring a lawsuit directly to the people's court. If the litigation request does not involve other labor relations disputes, it shall be regarded as a dispute over unpaid labor remuneration and accepted as an ordinary civil dispute.
2. "Labor Dispute Mediation and Arbitration Law" Article 5 If a labor dispute occurs in the basic procedures for handling labor disputes, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to a mediation organization for mediation; Unwilling to mediate, failing to mediate or failing to perform after reaching a mediation agreement, you may apply to the Labor Dispute Arbitration Committee for arbitration; Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court unless otherwise stipulated in this Law.
3. Article 9 of the Labor Dispute Mediation and Arbitration Law. If the employing unit of labor supervision violates the provisions of the state, it is in arrears or fails to pay labor remuneration in full, or it is in arrears with medical expenses, economic compensation and work-related injury compensation, the laborer may complain to the labor administrative department, which shall handle it according to law. The above is the service provided by Fuhang secretarial office for you.
Migrant workers are always vulnerable groups in society. If they encounter wage arrears, they should first go to the labor bureau and other departments in charge of labor affairs for help. After getting the arbitration result, they need to consider whether to file a civil lawsuit, unless another injury case appears in the process of asking for salary and becomes a criminal case.