1. Which department should migrant workers find when they are in arrears?
1, migrant workers can find the local labor and social security administrative department for arrears.
According to Article 26 of the Regulations on Labor Security Supervision, if an employer commits one of the following acts, the administrative department of labor security shall order it to pay the laborer's salary, the difference between the laborer's salary and the local minimum wage within a time limit or terminate the labor contract with economic compensation; If the payment is not made within the time limit, the employer shall be ordered to pay compensation to the laborer according to the standard of more than 50% 1 times of the payable amount:
(1) Withholding or defaulting on the wages and remuneration of workers without any reason;
(two) the wages paid to the workers are lower than the local minimum wage;
(3) The termination of the labor contract fails to give the laborer economic compensation according to law.
2. According to the provisions of Article 30 of the Labor Contract Law, if the employer defaults or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order according to law, and the people's court shall issue a payment order according to law.
3. The most effective way is to apply for labor arbitration directly to the local labor administrative department (no charge, no lawyer) and claim compensation from the unit through the award issued by labor arbitration. If you don't pay compensation, you can apply to the court for enforcement.
4. If the labor arbitration is not accepted or the arbitration is unfair, you can also bring a civil lawsuit to the court within 15 days and execute it directly through the court's judgment.
5. While claiming wages through the above channels, you can also require the unit to pay compensation to the workers according to the standard of more than 50% 100% of the payable amount according to the provisions of Article 85 of the Labor Contract Law.
Second, how long can it be illegal to default on wages?
Article 50 of China's "Labor Law" stipulates that "wages shall be paid to the workers themselves on a monthly basis in the form of money, and shall not be deducted or delayed without reason". "Monthly payment" means that wages should be paid in the form of monthly wages, including monthly payment, so the employer should settle wages within 30 days after the end of the natural month, and more than 30 days will constitute arrears of wages.
Employees can choose more ways to protect their rights and interests after discovering that the unit is in arrears with wages, and they can choose more favorable ways according to the actual situation. However, no matter what method is adopted, before asking the unit to reissue the salary, it is necessary to collect evidence to prove that the unit is in arrears.