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What should I do if Chenzhou Jinke City arrears wages to migrant workers?

1. If the unit is in arrears with employees’ wages, employees can call 12333 to inquire about the contact information of the local labor inspection team and make a complaint, or they can apply for labor arbitration to safeguard their rights. At the same time, employees can use this request to terminate the labor relationship and request the unit to pay economic compensation for the termination of the labor relationship.

2. According to the "Interim Regulations on Wage Payment"

Article 7 Wages must be paid on the date agreed between the employer and the employee. In case of holidays or rest days, payment should be made in advance on the nearest working day. Wages should be paid at least once a month. If the weekly, daily or hourly wage system is implemented, wages can be paid on a weekly, daily or hourly basis.

 

Article 18 Labor administrative departments at all levels have the right to supervise the employer’s wage payment. If an employer commits the following acts that infringe upon the legitimate rights and interests of workers, the labor administrative department shall order it to pay wages and economic compensation to workers, and may also order it to pay compensation:

(1) Withholding or defaulting on arrears to workers without reason wages;

(2) Refusing to pay workers wages for extended working hours;

(3) Paying workers wages lower than the local minimum wage standard.

The standards of economic compensation and compensation shall be implemented in accordance with relevant national regulations.

Article 19 If a labor dispute arises between a worker and an employer over wage payment, the parties may apply to the labor dispute arbitration agency for arbitration in accordance with the law. If you are dissatisfied with the arbitration award, you may file a lawsuit with the People's Court.

"Labor Contract Law"

Article 38 If the employer has any of the following circumstances, the employee may terminate the labor contract:

(1) Failure to provide labor protection or labor conditions as stipulated in the labor contract;

(2) Failure to pay labor remuneration in full and on time;

(3) Failure to pay social insurance for workers in accordance with the law

(4) The employer’s rules and regulations violate the provisions of laws and regulations and damage the rights and interests of workers;

(5) Due to Article 26 of this Law, The circumstances specified in paragraph 1 render the labor contract invalid;

(6) Other circumstances under which the employee may terminate the labor contract as stipulated in laws and administrative regulations.

"Labor Dispute Mediation and Arbitration Law"

Article 2 This law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

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(1) Disputes arising from the confirmation of the labor relationship;

(2) Disputes arising from the conclusion, performance, modification, rescission and termination of the labor contract;

( 3) Disputes arising from removal, dismissal, resignation and resignation;

(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;

(5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

(6) Other labor disputes stipulated in laws and regulations.