Workers can unite, elect consultation representatives, negotiate with employers, and take the initiative to present evidence to explain the penalties imposed by the government and the law on arrears of legitimate income to workers, so as to put pressure on each other.
2. Use administrative means to ask for salary.
Labourers can directly complain to the local labor and social security supervision department. The local labor supervision agency will supervise and inspect the employer in accordance with the labor and social security supervision regulations and order it to pay unpaid wages.
3. Request wages through mediation.
Workers can apply for mediation to the labor dispute mediation committee of their unit, or to grassroots people's mediation organizations and organizations with labor dispute mediation functions established in towns, towns and streets. However, it should be noted that mediation agreements made by mediation institutions are generally not enforceable. Even if one party fails to perform the mediation agreement, the other party cannot apply to the People's Court for enforcement. If the mediation agreement is enforceable, it needs to be confirmed by judicial procedures.
4. Wage and labor arbitration.
Workers can apply directly to the local labor administration department for labor arbitration. If an employee is dissatisfied with the arbitration award, he or she may file a lawsuit with the People's Court within 15 days from the date of receipt of the arbitration award. If the employer fails to file a lawsuit or perform the arbitration award within the statutory time limit, the employee may apply to the People's Court for compulsory enforcement.
5. Criminal litigation to collect wages.
If an employer refuses to pay labor remuneration and complies with the provisions of Article 276 of the Criminal Law, the judicial authorities will investigate the criminal liability in accordance with the law.
Extended data:
There are many ways to ask for wages according to law. As for which method to collect wages, the parties concerned should choose the appropriate way to protect their rights based on the actual situation and avoid taking extreme measures. There are many reasons why migrant workers find it difficult to get paid. It is necessary for the relevant competent authorities to strengthen supervision and implement the "arrears of wages" system to ensure that employers pay wages to migrant workers in full and on time. At the same time, they must increase penalties and severely punish those who maliciously default on wages to migrant workers. In addition, the majority of migrant workers also need to improve their legal awareness, sign labor contracts with employers in accordance with the law, and pay attention to retaining work documents. If an employer encounters wage arrears, it must seek help from relevant departments in accordance with the law.
Reference materials:
People's Daily Online - Explaining the law through cases: What should I do if migrant workers are in arrears with wages?