How long does it take to owe wages to migrant workers before it is illegal and how to deal with it?

Arrearage of wages to migrant workers for more than 30 days constitutes wage arrears and is illegal. The handling is as follows:

Delay in wage arrears to migrant workers is a labor dispute case. Workers can apply to the arbitration committee for labor arbitration in accordance with the law. If after the arbitration, you are not satisfied with the arbitration result, you can file a civil lawsuit with the court in accordance with the law, and the court will make a judgment in accordance with the law. Regarding the crime of malicious wage arrears, if the employee avoids paying the labor remuneration by transferring property, escaping, etc., or fails to pay the labor remuneration to the employee if he has the ability to pay, the amount is relatively large, and the relevant government department orders payment but still fails to pay, The offender shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.

“If the parties are dissatisfied with the arbitration award in other labor dispute cases, they may file a lawsuit with the People’s Court within fifteen days from the date of receipt of the arbitration award; if they do not file a lawsuit within the time limit, the award will be legally binding. "Effectiveness." "Parties shall perform legally effective mediation documents and awards within the prescribed time limit. If one party fails to perform within the prescribed time limit, the other party may apply to the People's Court for enforcement in accordance with the relevant provisions of the Civil Procedure Law. The court shall enforce it in accordance with the law.

The unit will be punished for wage arrears as follows:

1. Accept the penalty from the labor administrative department. The labor department may order it to pay wages within a time limit. If it fails to pay within the time limit, The company will be ordered to pay additional compensation to employees based on more than 50% and less than 100% of the amount due;

2. Accept penalties from the human resources and social security department for companies that default on large amounts, for a long time, and are of a bad nature without reason. , in accordance with relevant regulations, announced to the public through the provincial market entity credit information disclosure system and the provincial social credit system, and recorded in the relevant "blacklist";

3. Acceptance from the housing and urban-rural development department and the market supervision and management department For construction units that are in arrears, fail to pay the wages of migrant workers in full, or refuse to pay overdue payments, the housing and urban-rural development department will suspend their bidding qualifications, clear out the construction market, etc., and the market supervision and management department will revoke their business licenses in accordance with the law. ;

4. Accept criminal penalties. The company avoids paying employees’ wages by transferring property, hiding, etc., or fails to pay employees’ wages even if it has the ability to do so, but still refuses to pay after being supervised by relevant authorities. Failure to pay wages constitutes the crime of refusing to pay labor remuneration.

In summary, it is illegal to default on wages to migrant workers for one wage payment cycle. And labor remuneration must be paid to migrant workers on the agreed date. If the employer fails to pay within the time limit, it shall be illegal.

Legal basis:

"Labor Contract Law" 85. Article

If an employer has any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; if the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; if it is overdue If the employer fails to pay, the employer shall be ordered to pay additional compensation to the employee at a rate of not less than 50% but not more than 100% of the amount due:

(1) Failure to comply with the labor contract or The state stipulates timely and full payment of labor remuneration to workers;

(2) Paying workers wages lower than the local minimum wage standard;

(3) Arranging overtime without payment Overtime pay;

(4) If the labor contract is terminated or terminated without financial compensation being paid to the employee in accordance with this law

Article 50 stipulates that wages shall be in the form of currency. The wages shall be paid to the workers themselves on a monthly basis, and wages shall not be withheld or delayed without reason. "Monthly payment" means that wages should be paid in the form of monthly salary, and also includes that wages should be paid every month. Therefore, the employer shall pay 30 days after the end of the calendar month. Wages will be settled within 30 days, and wages in arrears will be deemed as more than 30 days.