Job Recruitment Website - Immigration policy - Is it illegal to default on the wages of migrant workers?

Is it illegal to default on the wages of migrant workers?

Under normal circumstances, wage arrears for migrant workers do not constitute a crime. However, refusing to pay the wages of workers by transferring property, escaping, etc., or failing to pay the wages of workers if they are able to do so, constitutes a crime, and the employing unit shall bear criminal responsibility according to law.

Solutions to wage arrears for migrant workers are as follows:

1, telephone complaints to the local labor law enforcement supervision brigade, who will supervise and inspect the employer according to law and order it to pay the arrears of wages;

2. If the employer is in arrears 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 directly apply to the local labor administrative department for labor arbitration, and claim compensation from the unit through the award issued by labor arbitration. If you still don't pay the 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.

Legal basis: Article 88 of the Labor Law of People's Republic of China (PRC).

Trade unions at all levels shall safeguard the legitimate rights and interests of workers according to law and supervise the employers' compliance with labor laws and regulations.

Any organization or individual has the right to report and accuse violations of labor laws and regulations.

Article 89

If the labor rules and regulations formulated by the employing unit violate the provisions of laws and regulations, the labor administrative department shall give a warning and order it to make corrections; If it causes damage to workers, it shall be liable for compensation.