First, complain to the labor department to solve the problem.
According to the first paragraph of Article 85 of the Labor Contract Law, if the employer fails to pay the laborer's labor remuneration in full and on time in accordance with the labor contract or the provisions of the state, the labor administrative department shall order it to pay the labor remuneration within a time limit. If it fails to pay within the time limit, the employer shall be ordered to pay the laborer extra compensation according to the standard of more than 50% but less than 100% of the payable amount.
2. Apply to the Labor Arbitration Committee for labor arbitration or bring a lawsuit to the court.
If the labor dispute is relatively large and the dispute between the employee and the employer cannot be resolved through labor complaints, the employee can only apply to the local labor and personnel dispute arbitration committee for labor arbitration, and the dispute between the two parties can be resolved through arbitration. Labor arbitration is the pre-procedure to solve labor disputes, and it must be done first. If one party refuses to accept the arbitration result, any other party can bring a lawsuit to the court, except that the final ruling unit cannot bring a lawsuit.
Third, through the public security organs to take criminal measures to safeguard rights.
2011the criminal law amendment (8) adopted at the 19th meeting of the 11th the National People's Congress Standing Committee (NPCSC) on February 25th brought some behaviors of refusing to pay labor remuneration into the scope of criminal law adjustment. 2065438+2003122 October, the Supreme People's Court issued the Interpretation on Several Issues Concerning the Applicable Law in the Trial of Criminal Cases of Refusing to Pay Labor Remuneration. If the employer has the ability to pay and refuses to pay the labor remuneration and reaches a certain amount, the laborer can actively report to the labor administrative department, request assistance in reporting the case or report the case directly to the public security organ. Taking criminal measures can effectively reduce the cost of workers' rights protection, and once criminal procedures are carried out, most of the heads of employers are willing to actively pay workers' wages. Because an important condition that constitutes the crime of refusing to pay labor remuneration is that the employer has the ability to pay, but refuses to pay by transferring or concealing property. Therefore, after the criminal procedure is started, the person in charge of the employer can pay the arrears of wages as soon as possible, which can be used as a plot to reduce criminal punishment. Therefore, after entering the criminal procedure, the wages owed by the workers can be taken away as soon as possible.
Here we are.
Four, apply for the protection of wages stipulated by the local government departments.
This is not a way to protect rights, but if the employer fails to pay any wages, you can also apply for this security fund, which is better than nothing. In order to prevent employers from suddenly closing down, some local governments will set up some wage protection funds through social forces. If the employer can't pay back the wages, the government will pay a certain amount of wages to the workers to help them.