How to collect wages and debts legally and effectively

To ask for wages, the most important thing for migrant workers is to have evidence, especially evidence that proves the existence of a de facto labor relationship between themselves and the unit: recruitment brochures, records and labor contracts; employee rosters, attendance records, etc. wait. So, how to legally and effectively collect wages and debts? The following information has been compiled by Ji Tianxia to answer your questions. I hope it will be helpful to you.

1. Negotiate first

Strive for a negotiated settlement first. Pay attention to the following points when negotiating:

① unite and select representatives for negotiation;

② take the initiative to show evidence, and pay attention to saving negotiation records through recording and other methods;

③Explain the penalties imposed by the government and the law on arrears of wages to migrant workers, so that the bosses will be in awe of us

2. Call 12333, 12348, 12351

When migrant workers are at a loss, don’t be afraid! At this time, you can call these 3 numbers to consult and get help in safeguarding your rights:

Hotline of the Labor and Social Security Supervision Department: 12333

Hotline of the judicial department: 12348

Hotline of the labor union: 12351

3. Apply for mediation

If your unit has a labor dispute mediation committee, you can apply for mediation . The labor dispute mediation committee is composed of employee representatives, employer representatives and trade union representatives.

Please note that the director of the labor dispute mediation committee must be a trade union representative!

4. Find a trade union

It is the responsibility of the trade union to safeguard the legitimate rights and interests of migrant workers. Migrant workers who encounter wage arrears can call the trade union's "12351" rights protection hotline, or go to the trade union assistance center or trade union legal aid center for help.

The trade union can directly negotiate with the employer to resolve the matter, or coordinate with the labor and social security supervision department to resolve the matter; when a lawsuit is needed, the trade union will also provide professional legal assistance.

5. Go to the government

To complain to the local labor and social security supervision department, you can call the "12333" hotline of the labor and social security supervision department, log on to the official website of the local social security department, or go directly to the local labor supervision agency complaint.

6. Apply for arbitration

You can apply for arbitration to the local labor dispute arbitration committee. It should be noted that a written application must be submitted to the Labor Dispute Arbitration Committee within 60 days from the date of the labor dispute. If you are dissatisfied with the arbitration result, you may file a lawsuit with the local people's court.

Now, labor dispute arbitration institutions in various places have opened up a "green channel" for dispute settlement, giving priority to cases of wage arrears disputes and holding hearings; they will adjudicate and conclude the cases in a timely manner.

7. Litigation

There are three situations:

For labor dispute cases, if either party is dissatisfied after labor arbitration, it can file a lawsuit in court;

They all obey after arbitration. If the employer does not implement the labor arbitration award after it takes effect, the migrant workers can apply to the court for enforcement;

For labor arrears, they can directly apply to the court. File a civil lawsuit.

8. Apply for free legal aid

Migrant workers who cannot afford to file a lawsuit can apply for legal aid from their boss who owes them wages and the legal aid agency where their unit is located. Assign a lawyer to help you litigate for free