Due to the lack of legal knowledge, most migrant workers may not know how to solve the problem through legal channels when they meet the company's arrears of wages, and often take some violent measures. Then, in combination with the current legal provisions of our country, which department should handle the problem of wage arrears for migrant workers better? Let Bian Xiao answer your question.
First, which department should be found to deal with the arrears of wages for migrant workers?
1. The easiest way is to complain by phone to the local labor law enforcement supervision brigade, which will supervise and inspect the employer according to the Labor Security Supervision Regulations and order it to pay the unpaid wages.
2. According to Article 30 of the Labor Contract Law, if the employer fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order according to law, and the people's court shall issue a payment order according to law.
3. The most effective way is to apply for labor arbitration directly to the local labor administrative department (no charge, no lawyer) and claim compensation from the unit through the award issued by labor arbitration. If you don't pay compensation, you can apply to the court for enforcement.
4. If the labor arbitration is not accepted or the arbitration is unfair, you can also bring a civil lawsuit to the court within 15 days and execute it directly through the court's judgment.
5. While claiming salary through the above channels, you can also ask the unit to pay you compensation according to the standard of more than 50% 100% of the payable amount according to the provisions of Article 85 of the Labor Contract Law.
Two, the identification of unpaid wages without reason
According to the provisions of Articles 7, 8 and 9 of the Interim Provisions on Wage Payment, wages must be paid on the date agreed by the employer and the employee, and overdue payment is an unreasonable arrears of wages. In case of holidays or rest days, payment should be made in advance on the nearest working day. Pay the salary at least once a month 1 time, and pay the salary by the week, day and hour if the weekly, daily and hourly wage system is implemented; For workers who have completed one-time temporary labor or specific work, the employing unit shall pay wages after completing the labor tasks in accordance with the relevant agreements or contracts. When the labor contract is dissolved or terminated by both parties to the labor relationship according to law, the employer shall pay the employee wages in one lump sum within 5 days from the date of dissolution or termination of the labor contract.
(1) The employer is unable to pay wages on time due to natural disasters, wars and other force majeure reasons;
(2) The employing unit is really affected by difficulties in production and operation. After obtaining the consent of the trade union of the unit, the payment of wages to workers may be temporarily postponed. The longest extension period can be determined by the labor administrative departments of provinces, autonomous regions and municipalities directly under the Central Government according to local conditions.
After analyzing the above contents, you should know which department to find to deal with the arrears of wages for migrant workers. You can complain to the local labor law enforcement supervision brigade, and of course you can also apply for labor arbitration or bring a lawsuit to the court. It should be noted that if you refuse to pay labor remuneration, it is likely to be recognized as a criminal offence, and the responsibility will be very heavy at this time. The above is the content compiled by Bian Xiao.