1. Which department is the fastest and most effective in dealing with the unpaid wages of migrant workers?
The labor inspection brigade and farmers' complaints about not paying wages to the labor inspection brigade can be resolved as soon as possible. First, you can complain to the labor inspection brigade where you are employed. If the complaint is invalid, you can apply to the local people's court for a payment order according to law. Or directly apply to the local labor administrative department for labor arbitration (no charge, no lawyer), and let the employer pay the salary through the award issued by labor arbitration.
Second, what should migrant workers do if they don't sign the contract and default on their wages?
(1) Calm and rational.
According to the Labor Law of People's Republic of China (PRC), workers have the right to receive remuneration, the right to submit labor disputes for settlement and other labor rights stipulated by law. The problem of wage arrears for migrant workers has aroused the concern of the whole society and received great attention from the central government. Relevant state departments are taking relevant measures to solve this problem, so we should keep a cool head and deal with things rationally.
(2) Learn to use the law to safeguard rights.
If you are in arrears with your salary, you can report it to the local labor law enforcement department, and the law enforcement inspectors of the labor department will help coordinate and solve it; You can also apply for arbitration in local labor dispute arbitration institutions. If you are not satisfied with the arbitration, you can also bring a lawsuit to the people's court for compulsory execution. If you can't pay the legal fees, you can also apply for a reduction or exemption of legal fees. In short, we should rely on the help of the government and the law to get the reward we deserve.
(3) Labor and social security departments require all localities to pay attention to protecting the legitimate rights and interests of migrant workers.
Take enterprises' malicious arrears and deduction of migrant workers' wages as the focus of labor security supervision and law enforcement, severely investigate and punish illegal acts of deduction of migrant workers' wages according to law, and order employers to make up the arrears of wages and protect the legitimate rights and interests of migrant workers. It is understood that the labor department in Beijing has strengthened the supervision of labor law enforcement, especially for workers who are in arrears with farmers' wages. The above is the answer to how to deal with the problem of wage arrears for migrant workers.
The fastest and most direct solution to wage arrears of migrant workers.
The fastest and most direct way to solve the wage arrears of migrant workers is to complain to the local labor bureau; If the employer still refuses to pay after being notified by the Labor Bureau, it can call the police and accuse the boss of refusing to pay labor remuneration, demanding that he be investigated for criminal responsibility; You can also apply to the Labor Arbitration Commission for arbitration. If you are not satisfied with the arbitration, you can bring a lawsuit to the court.
Three, what are the provisions of the crime of malicious arrears of wages for migrant workers?
Provisions on the Crime of Malicious Arrears of Wages for Migrant Workers According to Article 276-1 of the Criminal Law, people evade paying laborers' remuneration by transferring property or escaping. Or those who have the ability to pay but fail to pay the laborers' labor remuneration, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs, but has not caused serious consequences, pays the laborer labor remuneration before bringing a public prosecution, and bears the corresponding liability for compensation according to law, may be mitigated or exempted from punishment.