Legal analysis: The fastest and most direct way to solve the arrears of wages to migrant workers is to complain to the local labor bureau; if the employer still refuses to pay after being notified by the labor bureau, You can call the police, accuse the boss of refusing to pay labor remuneration, and ask for criminal liability; you can also apply for arbitration to the labor arbitration committee. If you are not satisfied with the arbitration, you can file a lawsuit in court.
Legal basis: "Labor Contract Law of the People's Republic of China".
Article 30 The employer shall pay labor remuneration in full and in a timely manner in accordance with the labor contract and national regulations.
If the employer defaults or fails to pay labor remuneration in full, the employee 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.
First of all, you need to confirm the specific time of arrears of work, whether you have signed a labor contract, and whether you are currently leaving your job. Then you need to prepare relevant materials that can prove the labor relationship. For issues of financial compensation, it is recommended to find an experienced lawyer.
12309 default hotline for migrant workers
The hotlines for reporting wage arrears to migrant workers are 12333, 12351, and 12348.
12333, 12351 and 12348. There are two rights protection channels: one is the local labor bureau; the other is the State Council Leading Group Office for Eliminating Wage Arrears for Migrant Workers, which has opened a national platform for reporting wage arrears. You can search the State Council client applet in WeChat to report clues about wage arrears.
Solving the problem of wage arrears to migrant workers
1. Complain and report to the local labor law enforcement department. When wages are in arrears, workers can report to the local labor law enforcement department.
2. Apply for labor arbitration. If wages are owed, you can apply for arbitration at a local labor dispute arbitration institution. It should be noted that a written application should be submitted to the Labor Dispute Arbitration Committee within one year from the date of occurrence of the labor dispute. If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration is not subject to the prescribed arbitration limitation period.
3. File a lawsuit in the People’s Court. Many people think that filing a lawsuit will cost a lot of money. In fact, this is not the case. The litigation fees for labor disputes are only a few dollars each. If you cannot afford a lawyer, you can also apply for legal aid. Therefore, we might as well use the weapon of law boldly and get the rewards we deserve with the help of the government and the law.
Reference for the above content: Baidu Encyclopedia - Labor Law
24-hour online consultation of the Labor Inspection Brigade
1. What is the 24-hour online telephone number of the Labor Inspection Brigade?
The 24-hour online hotline of the Labor Inspection Brigade is 12333. 12333 is mainly used for a series of services such as human resources and social security policy business consultation, government affairs disclosure, complaints and reports, and social security account inquiries. 12333 is used nationwide, and the charging standard for dialing 12333 numbers is in accordance with the relevant regulations of the Ministry of Industry and Information Technology. Most areas have 24-hour manned services. If you need the phone number of the county labor administration department, you need to dial 114 for further consultation.
Two. Responsibilities of the Labor Inspection Brigade
1. Implement the party’s line, principles, and policies, and adhere to the four basic principles.
2. Carry out legal education, publicize national labor security guidelines, policies and labor security laws, regulations and rules, and urge employers to implement them; inspect employers' compliance with labor security laws, regulations and rules; Correct and investigate violations of labor and social security laws, regulations or rules in accordance with the law; handle specific cases that require punishment by the law enforcement units of this bureau.
3. Supervise employers and workers to handle various employment procedures in accordance with the law.
4. Responsible for the implementation and management of labor contracts.
5. Seriously receive letters and visits from the public, and promptly accept reports and complaints about violations of labor and social security laws, regulations or rules.
6. Assist in the investigation, evidence collection, mediation or transfer of labor dispute cases to the labor dispute arbitration committee.
7. Investigate and collect evidence on filed labor and social security supervision cases, and provide handling opinions.
8. Properly handle emergencies among company employees, coordinate labor relations, and maintain social stability.
9. Do a good job in the management and supervision of the labor market, employment agencies, vocational skills training institutions and vocational skills appraisal institutions.
10. Responsible for submitting labor and social security inspection reports.
11. Train and supervise labor safety inspectors.
12. Be loyal to your duties, enforce the law impartially, be diligent and honest, and keep secrets.
13. Complete other duties stipulated in laws, regulations and rules and other tasks assigned by superiors.
The 24-hour online telephone number of the Labor Inspection Brigade has been explained in the above content. If the employer fails to comply with labor laws and infringes upon the legitimate rights and interests of workers, you can also call this number to lodge a complaint.
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What should I do if a private contractor owes me money?
Private contractors can be sued in the People’s Court for money owed.
Require the other party to pay back the money. If the following conditions are met, a payment order can be applied for:
There are no other debt disputes between the creditor and the debtor; a payment order can be sent to the debtor.
If the debtor fails to repay the money within fifteen days after receiving the payment order, or fails to raise a written objection, the creditor has the right to apply for compulsory execution.
In order to realize the creditor's rights, it is best to collect evidence such as IOUs and witness statements.
Usually, the most powerful evidence for debt collection is an IOU, because the IOU is written by the borrower and signed by the other party, and has great legal effect. In order to ensure the sufficiency and reliability of the evidence, witnesses are essential.
The prosecution procedure is as follows: indictment; submit the evidence and indictment to the court for filing and pay relevant fees; conduct a trial run after inspection and acceptance; court judgment; and execute the judgment.
The "Civil Procedure Law" stipulates
If a creditor requests the debtor to pay money or securities, and meets the following conditions, he may apply to the basic people's court with jurisdiction for a payment order: The creditor There are no other debt disputes with the debtor; the payment order can be served on the debtor.
If the debtor fails to pay off the debt within fifteen days after receiving the payment order from the People's Court, or fails to submit a written objection to the People's Court, the creditor may apply to the People's Court for compulsory execution.
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Is it useful to call 12345 to ask for salary?
You can dial 12345 to respond. will be dealt with accordingly.
For employers that default on wages to employees, dialing 12345 will transfer you to the labor inspection or notify you to file a complaint with the labor inspection.
The 12345 government service convenience hotline refers to the public * * service platform established by the people's governments of various municipalities. It consists of telephone number 12345, mayor's mailbox, SMS, mobile client, Weibo, and WeChat.
Provide "7×24 hours" manual service. Hotline 12345 can improve the level of serving the people, promote administration according to law, innovate social governance, and safeguard the legitimate rights and interests of natural persons, legal persons and other organizations.
2021 1 6. General Office of the State Council
Extended Data
Regulations on Guaranteeing the Wage Payment of Migrant Workers
Chapter 3 Wage Payment
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Article 16 If the employer defaults on wages to migrant workers, it must pay off the wages in accordance with the law.
Article 17 If a unit without legal business qualifications recruits migrant workers, and the migrant workers have paid for their labor but have not received wages, they shall be dealt with in accordance with relevant laws and regulations.
Article 18 If an employer uses migrant workers dispatched by individuals, units without legal business qualifications, or units that have not obtained a labor dispatch license in accordance with the law, and defaults on wages to the migrant workers, the employer shall pay off the debt and Compensation can be recovered according to law.
Article 19 If an employer outsources tasks to individuals or units that do not have legal business qualifications, resulting in arrears in wages of recruited migrant workers, the relevant laws and regulations shall be followed.
If an employer allows individuals or units that do not have legal business qualifications or have not obtained corresponding qualifications to operate externally in the name of the employer, resulting in arrears in wages of recruited migrant workers, the employer shall pay off the debt and may in accordance with the law Demand compensation.
Article 20 If employers such as partnerships, sole proprietorships, and individual economic organizations are in arrears with wages to migrant workers, they shall repay them in accordance with the law; if they fail to do so, the investors shall repay them in accordance with the law.
Article 21 If an employer merges or divides, it shall pay off the wages owed to migrant workers in accordance with the law before the merger or division; after written negotiation with the migrant workers, the employer may inherit their rights after the merger or division The employer must repay the obligation.
Article 22 If an employer has its business license or registration certificate revoked in accordance with the law, or is ordered to close, cancel, or dissolve in accordance with the law, it shall pay off the wages owed to migrant workers in accordance with the law before applying for cancellation of registration.
If the main investor of the employer fails to pay off the wages of migrant workers in accordance with the provisions of the preceding paragraph, it shall pay off the wages of migrant workers in arrears before registering a new employer.
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