Some migrant workers have worked hard for a year or even several years, but their wages are pitifully low, or even in arrears for many years. Sometimes, because migrant workers cannot provide evidence in a timely and effective manner, even if it is reasonable, they cannot get legal support because of the lack of effective evidence. The most important thing in law is evidence. Evidence is not what ordinary people think is reasonable, but what is legal. What is unreasonable is not necessarily illegal. Once migrant workers cannot get their money back through various channels, safeguarding their rights through legal channels may be the last and most effective method, but only if they can clearly explain the ins and outs of the unpaid wages, the specific reasons, and provide corresponding legal and effective evidence. In practice, some migrant workers lack legal awareness and evidence awareness. They often verbally agree with others on how much work they will give, and then go to work. After the work was finished, we needed money, and the work was delayed again and again. In the end, even the contractor could not be found. After prosecution, due to insufficient or insufficient evidence, they could not get their money back, nor could they get back the full amount. Common evidence includes: labor contract, labor contract, employment contract, daily work records, communication records, meeting records, work clock-in records, WeChat records, audio recordings, etc. The more complete the evidence, the greater the chance of getting the money back. You must be aware of evidence at all times and collect evidence at any time from the beginning of work. This evidence is key to determining whether you can get your money back in the future.
2. Understand the reasons for arrears of wages
Based on the first point above, the second point is to understand the real reasons for arrears of wages, because this is related to who to ask for money. , what means are used to ask for money, and whether they can pay it back in the end. The reason for wage arrears is sometimes that the employer intentionally defaults, sometimes that the contractor intentionally defaults, and sometimes that it does not meet the payment conditions. It is necessary to combine the existing evidence to identify the objects, methods and key relationship points for asking for money, and analyze the most appropriate and effective ways and alternatives to pay wages, so as to face the key units and people directly, truly solve the key problems, and pay back the money as soon as possible. money. Remember not to listen to hearsay or be incited by others to cause trouble, commit illegal acts or even turn into incidents that disrupt social order. This will not help solve the problem. In the end, you are the one affected, and you are the one with the illegal record, but in the end you still have to get back to the road of solving actual problems.
3. Combine the evidence and reasons for wage arrears and comprehensively consider the most effective method of recovery.
Common methods of asking for wages include: telephone or face-to-face reminders, letters and visits, media exposure, reporting, prosecution, etc. For wage arrears that are difficult to resolve through normal channels, keep recordings of telephone conversations or collect evidence in person, and collect payment in a timely manner through reporting, media exposure, etc.
Method 1. You can report your employer's wage arrears to the labor inspection brigade of the local social security department. This is the most convenient, fastest and lowest-cost way to protect your rights.
Method 2: Specific situations can be reported to the superior department of the project owner or call the local citizen hotspot 12345. Mode 3: Workers’ rights can be protected through exposure through Weibo, media and other platforms or media.
Method 4: If wages are in arrears, you can apply for labor arbitration to the local labor arbitration committee, or apply to the court for a payment order. If you owe money for services or projects, you can file a lawsuit with the People's Court.
Method 5: Through letters and calls, be sure to pay attention to the relevant provisions of the "Regulations on Letters and Calls of the People's Republic of China", petition in accordance with legal procedures, and do not cause trouble in government agencies, otherwise it may be illegal and even involve criminal liability.
Remember not to gather people to make noise or disrupt social order by holding banners, blocking traffic, or other gathering methods. Otherwise, you will be criticized and educated by the police, or placed in administrative detention. Serious consequences may involve criminal liability.
Fourth, avoid being impulsive and use legal weapons to protect your rights in a timely manner when necessary.
Impulsiveness will not help solve the problem, but will only lead to higher processing costs and risks. We should solve problems rationally and effectively. The methods mentioned in the third point above, such as reminders, petitions, media exposure, reporting, etc. , all indirectly put pressure on the debtor through non-legal means. If the debt cannot be recovered through these channels, legal solutions may be considered. The longer the delay, the less complete the evidence will be. Additionally, the statute of limitations should also be considered. The statute of limitations for labor arbitration for unpaid wages is one year from the date of termination of the labor relationship, if the employee has already resigned. The statute of limitations for unpaid project fees, labor fees and other normal settlement amounts is three years, starting from the date when the person knew or should have known about the arrears.
Verb (abbreviation of verb) special legal weapon: the actual construction party in a construction project can break through the relativity of the contract under certain conditions and require the project owner (project bidding unit), general contractor (project winning bidder) Units), illegal subcontractors (subcontractors) and other subcontractors shall bear joint and several liability for payment.
This situation is a special provision made by the state to protect the actual builder, which to a certain extent breaks through the principle of contract privity stipulated in the law (contract privity means who signed the contract with you, you You can only claim liability against anyone, and cannot claim liability against anyone outside the contract), but there are specific applicable conditions, which may not apply to all situations. This aspect is more complicated. In a few days, I will write a special summary in an article "How to Choose the Suitable Litigation Target to Collect Arrears in Cases of Illegal Subcontracting of Construction Projects", please follow me.
Special legal weapons for intransitive verbs: Regulations on Payment Guarantee for Small and Medium-sized Enterprises
1. In order to ensure timely payment by small and medium-sized enterprises, on July 6, 2020, the State Council issued the "Payment by Small and Medium-sized Enterprises" Protection Regulations. It stipulates that when government agencies and public institutions purchase goods, projects and services from small and medium-sized enterprises, payment shall be made within 30 days from the date of delivery of the goods, projects and services; unless otherwise agreed in the contract, the maximum payment period shall not exceed 60 days.
2. If agencies, institutions and large enterprises postpone inspection or acceptance, the payment period shall be calculated from the expiration of the agreed inspection or acceptance period. Government agencies, institutions, and large enterprises that use non-cash payment methods such as commercial bills to pay for small and medium-sized enterprises must make clear and reasonable agreements in the contract. Small and medium-sized enterprises must not be forced to accept non-cash payment methods such as commercial bills, and must not use commercial bills, etc. Non-cash payment methods extend the payment period in disguise.
3. Agencies, public institutions and large state-owned enterprises shall not be forced to use the audit results of the audit agency as the basis for settlement, except where otherwise provided in the contract or laws and administrative regulations.
4. Agencies, institutions and large enterprises shall pay overdue interest if they default on payments owed to small and medium-sized enterprises. If both parties have an agreement on the overdue interest rate, the agreed interest rate shall not be lower than the one-year loan market quotation rate at the time of the conclusion of this contract; if there is no agreement, the overdue interest shall be paid at a daily interest rate of 0.5‰.
5. The identification standards for small, medium and micro enterprises: the "Regulations on Classification Standards for Small and Medium Enterprises" jointly issued by the Ministry of Industry and Information Technology, the National Bureau of Statistics, the National Development and Reform Commission, and the Ministry of Finance on June 8, 2065 ( A subordinate unit specified in the Joint Enterprise of the Ministry of Industry and Information Technology [2065 438+065 438+0] No. 300). For small and medium-sized enterprises, the "Regulations on Guaranteed Payment for Small and Medium-sized Enterprises" stipulates various specific measures and penalty consequences to ensure the collection of funds for small and medium-sized enterprises.
6. Complaints can be registered through the small and medium-sized enterprise default and arrears registration (complaints) platform.
You can follow my account "Fatong Eyescher" on Baijiahao. There is an article "How to legally recover arrears of wages for migrant workers" which summarizes specific issues in this regard.