1. Which department should go to handle the arrears of wages for migrant workers? 1. The simplest way is to call the local labor law enforcement brigade to complain. They will supervise and inspect the employer in accordance with the "Labor and Social Security Supervision Regulations" and order Pay back wages. 2. In accordance with the provisions of Article 30 of the Labor Contract Law, 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, and the people's court shall issue a payment order in accordance with the law. 3. The most effective way is to apply directly to the local labor administrative department for labor arbitration (no fees, no need to hire a lawyer), and claim compensation from the unit through the award issued by the labor arbitration. If the payment is not made, you can apply to the court for enforcement. 4. If the labor arbitration is not accepted or the arbitration is unfair, you can also file a civil lawsuit with the court within 15 days and enforce the judgment directly through the court. 5. While claiming wages through the above channels, you can also require the unit to pay you additional compensation based on the standard of not less than 50% but not more than 100% of the amount payable in accordance with Article 85 of the Labor Contract Law. gold.
2. Determination of unreasonable arrears of wages 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 between the employer and the employee. Overdue payment It is a wage arrears without reason. In case of holidays or rest days, payment should be made in advance on the nearest working day. Wages shall be paid at least once a month. If the weekly, daily or hourly wage system is implemented, payment shall be made on a weekly, daily or hourly basis. For workers engaged in one-time temporary labor or specific work, the employer shall, in accordance with relevant agreements or contracts, pay wages on a weekly, daily or hourly basis. Wages are paid after completing labor tasks. When both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in one lump sum within five days after the labor contract is terminated or terminated. (1) The employer is unable to pay wages on time due to irresistible natural disasters, wars, etc.; (2) Due to difficulties in production and operation, the employer may, with the consent of the employer’s trade union, suspend payment of workers’ wages for a period of up to The time limit shall be determined by the labor administrative departments of each province, autonomous region, and municipality directly under the Central Government based on the local conditions. After analyzing the above content, you should know which department to go to to deal with the issue of arrears of wages for migrant workers. You can file a complaint with the local Labor Law Enforcement Supervision Brigade, and of course you can also apply for labor arbitration or file a lawsuit in court. It should be noted that if you refuse to pay labor remuneration, it is likely to be considered a criminal offense, and the liability will be greater at that time.