1, the unit defaults on the wages of migrant workers, and gives them pay slips. At this time, migrant workers can file a lawsuit or apply for a payment order to a court with jurisdiction. When the court decision or payment order comes into effect, migrant workers can apply to the court for compulsory execution.
2, migrant workers think that the amount of arrears of wages is clear, you can apply to the local labor department for administrative treatment. According to the provisions of Article 91 of the Labor Law, if an employer deducts or delays the wages of a worker without any reason, the labor administrative department shall order it to pay the wages and economic compensation of the worker, and may also order it to pay compensation.
If the labor department makes an administrative decision according to law and the employer neither brings an administrative lawsuit nor complies with the administrative decision within the statutory time limit, the labor department or migrant workers may apply to the court for compulsory execution within the statutory time limit. When the two sides of labor relations disagree on whether or not to pay wages in arrears and the amount, the administrative handling department will inform the migrant workers to apply for labor dispute arbitration, and the administrative handling procedure will end.
Two, the two sides of labor relations have objections to whether the wages of migrant workers are in arrears and the amount:
At this time, the relationship between the two sides is a labor dispute. Article 79 of the Labor Law stipulates that "after a labor dispute occurs, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails and one party requests arbitration, it may apply to the Labor Dispute Arbitration Committee for arbitration. If you are dissatisfied with the arbitral award, you can bring a lawsuit to the people's court. " ?
Extended data:
For example:
Yin is an employee of a company in Tongliang District, Chongqing. At the beginning of 20 12, Yin's company fell into financial crisis due to poor management and was seriously insolvent. The company is facing bankruptcy and employees' wages cannot be paid. As of April 20 12, * * Company owed its employees nearly three months' wages, tool fees and deposit, totaling about 350,000 yuan.
Yin said: "In order to get my salary back, more than 70 workers and I negotiated with the company many times, but Xu, the legal representative of the company, did not pay us. He said that the company was too heavily in debt to continue its business and had no money to pay the arrears of wages. We looked for him several times without results. "
Soon, Xu and his wife were criminally detained on suspicion of illegally raising 50 million yuan. After learning the news, Yin and other employees were even more excited.
How can people live without pay after working so hard for so long? "Yin and others said emotionally.
As a result, workers gathered in public places and asked the government to help solve the problem of wage arrears.
After learning the situation, the Legal Aid Center of Tongliang District of Chongqing immediately intervened in the investigation and opened a "green channel for migrant workers' rights protection" to provide legal aid to this group of migrant workers and guide them to express their demands rationally according to law through legal channels.
Aid lawyers told reporters that because migrant workers generally lack legal awareness and correct handling attitude, once labor disputes occur, they habitually make a scene, which requires a correct guidance.
Therefore, aid lawyers should apply to the court for pre-litigation preservation when deciding to apply for arbitration.
Subsequently, the aid lawyer submitted labor arbitration to the Labor and Personnel Arbitration Committee of Tongliang District, Chongqing, requesting the Labor Arbitration Committee to award the respondent A Company 2065438+350,000 yuan for the salary from February to April, 2002.
At the same time, the aid lawyers investigated the existing production equipment and other creditor's rights in the factory through a large number of visits, which made the application for pre-litigation preservation successful.
Subsequently, the Labor and Personnel Arbitration Committee of Tongliang District of Chongqing issued a certificate that no decision was made within the time limit, and assisted the lawyer to bring a lawsuit to the court.
After the Tongliang District People's Court accepted the case, it presided over mediation according to law and reached a mediation agreement. In the end, with the joint efforts of the court and aid lawyers, Yin and others got their own salaries.
References:
People's Network-Migrant Workers Ask for Wages and Take the Green Passage