What should I do if the construction site defaults on the wages of migrant workers? First, be 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. Second, we must 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. Three, the labor and social security departments have asked 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. Who are you looking for in arrears of wages for migrant workers? 1. The easiest way is to complain by phone to the local labor law enforcement supervision brigade, which will supervise and inspect the employer according to the Labor Security Supervision Regulations and order it to pay the unpaid wages. 2. According to Article 30 of the Labor Contract Law, if the employer 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 salary through the above channels, you can also ask the unit to pay you compensation 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. To sum up, there are some ways and means about how migrant workers are owed wages and how to save themselves. If there is anything you don't understand, or if you do encounter this reality, don't panic and look for evidence. If migrant workers want to solve the problem of wage arrears, they can consult online or ask a lawyer for help, which will definitely solve your problem.
Legal objectivity:
Article 10 of the Regulations on the Protection of Wage Payment of Migrant Workers has the right to complain according to law, or to apply for mediation and arbitration of labor disputes or bring a lawsuit. Any unit or individual has the right to report the wage arrears of migrant workers to the administrative department of human resources and social security or other relevant departments. The administrative department of human resources and social security and other relevant departments shall publicly report complaints by telephone, website and other channels, and accept reports and complaints about wage arrears of migrant workers according to law. The handling of reports and complaints, the implementation of the first question responsibility system. Accepted by the department, it shall be handled in a timely manner according to law; If it is not accepted by this department, it shall be transferred to the relevant departments in a timely manner, and the relevant departments shall deal with it in a timely manner according to law, and inform the informants and complainants of the results.