1. What are the main ways for migrant workers to safeguard their rights?
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2. If a labor dispute occurs with the employer, you can apply for arbitration to the local labor arbitration committee. If you are not satisfied with the arbitration result, you can file a lawsuit with the local people's court;
3. If a labor dispute occurs with the employer, you can apply for arbitration to the local labor arbitration committee. If you are not satisfied with the arbitration result, you can file a lawsuit with the local people's court;
4. If you have a labor dispute with the employer, If a labor dispute occurs with the employer, it can apply for arbitration to the local labor arbitration committee. If it is not satisfied with the arbitration result, it can file a lawsuit with the local people's court;
5. If a labor dispute occurs with the employer, it can file a lawsuit with the local labor arbitration committee. If the arbitration committee applies for arbitration and is dissatisfied with the arbitration result, it may file a lawsuit with the local people's court.
4. If you encounter some complicated lawsuits and are unclear about legal issues, you can seek help from local labor unions, women's federations, ****, youth organizations, local news media, legal aid centers and other departments. ;
5. If you want to know the laws and regulations on labor security, you can consult the local labor and social security supervision department;
6. If you want to know the laws and regulations on labor security, you can consult Consult with the local labor and social security supervision department;
7. If you want to know about the laws and regulations on labor and social security, you can consult with the local labor and social security supervision department;
8. If you want to know about the laws and regulations on labor and social security For laws and regulations, you can consult the local labor and social security supervision department. If you want to know more about labor and social security policies, or need consultation if you encounter specific problems, you can call the "12333" free labor and social security policy consultation hotline, and the staff will give you detailed answers.
2. Under what circumstances can I complain to the labor and social security supervision agency?
When workers believe that their employer has violated their legitimate rights and interests in labor security, they have the right to complain to the labor and security administrative department. Matters that can be complained include:
1. The employer recruits and employs workers in violation of regulations. Such as recruiting child labor, collecting risk deposits, seizing identity documents, etc.;
2. The employer violates the provisions of the labor contract. Such as refusing to sign a labor contract, illegally terminating the labor contract, failing to pay economic compensation in accordance with national regulations when terminating the labor contract, etc.;
3. The employer violates the special labor protection regulations for female employees and underage workers. For example, the employer arranges female employees and underage workers to engage in labor that is prohibited by the state, or fails to conduct health examinations for underage workers;
4. The employer violates working hours and rest and vacation regulations. Such as overtime work, forced overtime work, failure to arrange vacations for workers in accordance with the law, etc.;
5. The employer violates wage payment regulations. For example, the employer deducts or delays wages, refuses to pay overtime wages, and refuses to fulfill the provisions of the minimum wage guarantee system, etc.
6. The employer formulates labor rules and regulations in violation of laws and regulations. If the employer's rules and regulations stipulate that migrant workers do not participate in work-related injury insurance, the liability for work-related injuries shall be borne by the migrant workers;
7. The employer violates social insurance regulations. The employer fails to participate in social insurance and pay social insurance premiums for migrant workers in accordance with the law, and fails to pay work-related injury insurance benefits in accordance with the law;
8. Illegal employers that have not registered with the industrial and commercial department violate labor security laws and regulations, and infringe The legitimate rights and interests of migrant workers;
9. The employer violates labor security laws and regulations and infringes upon the legitimate rights and interests of migrant workers. Employment agency organizations violate employment agency management regulations. Such as providing false information, illegal charging, etc.;
10. Workers believe that the employer has violated employment agency management regulations. 10. Workers believe that employers and other organizations have violated their other legitimate labor security rights and interests.
3. What issues should migrant workers pay attention to when signing a labor contract with their employer?
For migrant workers who work in cities, signing a labor contract is an important means to protect their rights and interests.
If the employer does not sign a labor contract with the migrant workers, the migrant workers must take the initiative to sign a written labor contract; if the employer insists on refusing to sign, the migrant workers can report the situation to the local labor and social security administrative department, which will supervise the signing of the labor contract. When signing a labor contract, migrant workers should pay attention to the following issues:
1. The labor contract must clearly stipulate the labor contract term, work content and working hours, labor protection and working conditions, labor remuneration, labor discipline and labor violations Contract responsibilities, etc. When migrant workers sign a labor contract, the above terms should be as detailed and specific as possible. For example, labor remuneration must state the wage payment standards, payment items, payment forms, payment time, etc., so that they can effectively protect their rights in the event of labor disputes in the future. Legitimate interests.
2. Before signing a labor contract, you should carefully read the job description, labor discipline, wage payment regulations, labor contract management regulations and other rules and regulations of the relevant position, because these documents involve all aspects of the rights and interests of migrant workers. These documents serve as attachments to the labor contract and have the same legal binding force as the labor contract.
3. The labor contract must be made in at least two copies, with each party holding one copy and keeping it properly by the migrant worker. If the employer has drafted the text of the labor contract in advance, migrant workers must be cautious when signing it and read the text carefully. If they find that the terms are unclear or vague, they should promptly ask the employer to explain the modification. To be on the safe side, before signing a labor contract, migrant workers can also consult with relevant departments or public employment agencies to confirm the legality and fairness of the relevant contents of the contract. It is important to note that when numbers are involved in the labor contract, uppercase Chinese characters should be used.
4. When signing labor contracts, migrant workers should be careful not to sign the following types of contracts:
Oral contracts. Some companies do not sign written contracts with workers, but only verbally agree on wages, working hours, etc. Once a dispute occurs, both parties insist on their own opinions. Due to the lack of written evidence, it is often difficult for migrant workers to defend their rights.
Life and death contract. Some enterprises in hazardous industries do not fulfill their safety and health obligations in accordance with relevant provisions of the labor law. When signing contracts, in order to avoid responsibility, they require workers to agree on a "no responsibility for work-related injuries" clause. In this case, migrant workers can ask the employer to cancel these terms; if negotiation fails, and an accident occurs, migrant workers can apply to the Labor Arbitration Commission or the People's Court to confirm that these terms are invalid.
"Two skins" contract. Some employers are afraid of the supervision of the labor and social security departments, and often sign two contracts with applicants, one is a contract for inspection, and the other is the real contract, and this is often an unequal contract that only benefits the employer.
Deposit contract. Some employers take advantage of migrant workers' eagerness to find jobs and charge deposits, security deposits and other fees when signing contracts. If migrant workers violate management regulations even slightly, the employer will "legally" withhold this part of the deposit. This kind of contract is expressly prohibited by law, and migrant workers can refuse
the sales contract. Some employers and migrant workers stipulate in the contract that "all behaviors; for migrant workers who paid a deposit because they did not understand the legal provisions, they must also keep the receipt as evidence when safeguarding their rights." Once a contract is signed, workers lose all freedom of movement, as if they have sold their bodies. They work overtime, force labor, and even arbitrarily humiliate, physically punish, and detain migrant workers. When encountering this kind of situation, you cannot tolerate it and make complaints promptly to the labor and social security supervision department or the public security agency to safeguard your legitimate rights and interests.
4. What should I do if the employer defaults on wages?
When the employer defaults on wages, migrant workers must first negotiate with the employer. If the negotiation fails, they can resolve it through the following legal channels:
1. Report to the local labor and social security supervisory authority Institutional complaints and reports;
2. Apply to the local labor dispute arbitration committee for arbitration. It should be noted that the labor dispute must be submitted to the labor dispute arbitration committee within 1 year from the date of the labor dispute. The Dispute Arbitration Committee submits a written application;
3. There are three situations: First, for labor disputes, if either party is dissatisfied after labor arbitration, it can file a lawsuit in court; second, after arbitration, both parties Without filing a lawsuit, if the employer fails to implement the labor arbitration award after it takes effect, migrant workers can apply to the court for enforcement; third, if the labor remuneration is in arrears, they can directly file a civil lawsuit with the court.
It needs to be pointed out in particular that when rights and interests such as back wages are infringed, legal means must be used to solve the problem. You must not resort to extreme behavior or violence. Otherwise, being impulsive will not only not help the matter, but you may also be held accountable for violating criminal laws.
5. Legal liability of the employer or individual for refusing to pay labor remuneration
According to the relevant provisions of the Labor Law and the Labor Contract Law, the employer fails to comply with the provisions of the labor contract. Or if the state stipulates that workers’ labor remuneration should be paid in full and in a timely manner, the labor administrative department shall order the labor remuneration, overtime pay or economic compensation to be paid within a time limit. If payment is not made within the time limit, the employer shall be ordered to pay 5% of the amount payable. The employer is ordered to pay additional compensation to the employee based on the standard of not less than 50% but not more than 100% of the amount payable. If the employer pays workers a wage that is lower than the local minimum wage standard, it shall pay the difference; if the employer fails to pay the difference, the employer shall be ordered to pay the worker a salary of not less than 50% but not more than 100% of the amount payable. The person pays compensation.
According to the relevant provisions of the "Criminal Law", if an employer avoids paying workers' labor remuneration by transferring property, concealing or other methods, or fails to pay workers' labor remuneration when it has the ability to pay, it shall be ordered by the relevant government departments to Anyone who fails to pay after payment shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined; if serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined. (Fine. If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph. If one of the acts in the preceding two paragraphs has not caused serious consequences, the unit shall be fined. If workers have been paid before filing a public prosecution and bear corresponding liability for compensation in accordance with the law, the penalty may be reduced or exempted.
6. What are the state's regulations on the payment of wages to migrant workers in the construction industry?
According to the "Interim Measures for the Administration of Wage Payment of Migrant Workers in the Construction Sector", construction enterprises must pay migrant workers' wages in full and on time in accordance with the law. They must not default on or withhold wages from migrant workers, and must not pay migrant workers wages below the local minimum wage standard. Enterprises should pay wages directly to migrant workers on a monthly basis in accordance with agreed standards and dates. It is strictly prohibited to pay wages to "contractors" or other organizations and individuals who are not qualified as labor entities. Enterprises can entrust banks to pay wages to migrant workers on their behalf. . When paying wages to migrant workers, enterprises should prepare a wage payment schedule, truthfully record the payment unit, payment time, payment object, payment amount and other wage payment conditions, and keep it for more than two years.
Ministry of Human Resources and Social Security, The National Development and Reform Commission, the Ministry of Supervision, the Ministry of Finance, and the Ministry of Housing and Urban-Rural Development further clarified the general contracting of construction in the "Notice on Strengthening Construction Project Management to Solve the Problem of Wage Arrears for Migrant Workers" (Ministry of Human Resources and Social Security Mingdian [2011] No. 2) The enterprise's wage payment responsibility. It is stipulated that general contracting enterprises must use qualified enterprises to subcontract projects, and subcontracting and illegal subcontracting are strictly prohibited. Both parties to the contracting and contracting parties shall sign professional subcontracting or labor subcontracting contracts in accordance with the law. It is necessary to strengthen the supervision and management of the contract performance process.
In accordance with the principle of "whoever contracts, who is responsible", general contracting companies are responsible for the payment of wages to migrant workers in contracted projects, and are not allowed to default on wages to migrant workers on the grounds of insufficient payment of project funds. If the construction unit or general construction contracting enterprise fails to pay project fees as stipulated in the contract, causing the construction general contracting enterprise to default on wages to migrant workers, the construction unit or general construction contracting enterprise shall advance the wages owed to migrant workers; if the construction general contracting enterprise violates regulations when issuing a contract , If it is subcontracted to an organization or individual that does not have the qualifications to be an employer, the construction general contracting enterprise shall be responsible for paying off the wages owed to migrant workers.
7. Who will be responsible for the employer’s illegal subcontracting of projects?
According to the Ministry of Labor and Social Security's "Notice on Matters Concerning the Establishment of Labor Relations" (Labor and Social Security Bureau [2005] No. 12), employers such as construction and mining enterprises will project (business) or If the business is contracted out to an organization or natural person who does not have the qualifications as an employer, and if the organization or natural person recruits workers, the contractor who has the qualifications as an employer shall bear the responsibility as the employer. The contracting party with qualifications as the employer shall bear the responsibility as the employer.
Excerpted from "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Refusal to Pay Labor Remuneration"
Article 2 If the contracting party is the main employer, it shall bear the responsibility of the main employer Responsibility: In order to avoid paying the labor remuneration to the laborer, any of the following circumstances shall be deemed as "evading the payment of labor remuneration to the laborer by transferring property, escaping, etc." as stipulated in the first paragraph of Article 276-1 of the Criminal Law. remuneration". Avoiding payment of labor remuneration to workers:
(1) Concealing property, maliciously paying off debts, fictitious debts, fake bankruptcy, fake bankruptcy, or transferring or disposing of property in other ways; (2) Escape or hide ; (3) Concealing, destroying or tampering with accounts, employee rosters, salary payment records, attendance records and other materials related to labor remuneration; (4) Avoiding payment of labor remuneration in other ways.
Article 7 If a unit or individual who does not have the qualifications to be an employer illegally employs workers, refuses to pay workers labor remuneration, the amount is relatively large, and still fails to pay after being ordered to pay by the relevant government departments, it shall be punished according to Article 2 of the Criminal Law. According to the provisions of Article 176-1, criminal liability shall be investigated for the crime of refusal to pay labor remuneration.