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How long is it illegal to owe wages to migrant workers?
Arrears of wages are against the labor law. You can ask the local labor and social security department for help. The people's governments at or above the county level have labor and social security bureaus and labor and social security supervision departments under their jurisdiction. The labor security supervision department shall perform the "Regulations on Labor Security Supervision".
The second and third paragraphs of Article 10 of the Regulations are as follows: check the employer's compliance with labor security laws, regulations and rules; Accepting reports and complaints about violations of labor security laws, regulations or rules.
The sixth paragraph of article 11 is to supervise the labor security of employers in paying workers' wages and implementing the minimum wage standard. The employer's arrears of wages is a violation of the labor contract law, and it can complain to the local labor security supervision department.
Extended information: China's "Labor Law" stipulates that wages should be paid to the workers themselves on a monthly basis in the form of money, and wages should not be deducted or delayed without reason. Monthly payment means that wages should be paid in the form of monthly salary, including monthly payment. Therefore, the employer shall settle the wages within 30 days after the end of the natural month, and more than 30 days will constitute arrears of wages.
The full name of unpaid wages refers to unpaid wages for no reason, that is, the unit fails to pay the wages of workers on time or in full without legal provisions.
In the case that the employer is in arrears with wages, the employee should first negotiate with the employer. If negotiation fails, it can be settled through the following legal channels:
(1) Complain and report to the local labor security supervision institution.
(2) To apply for arbitration to the local labor dispute arbitration committee, it should be noted that a written application shall be submitted to the labor dispute arbitration committee within one year from the date of occurrence of the labor dispute.
(3) through litigation. This can be divided into three situations: first, if any party refuses to accept the labor dispute case after labor arbitration, it can bring a lawsuit to the court; Second, they all obey after arbitration. After the labor arbitration award comes into effect, if the employer fails to implement it, the employee may apply to the court for compulsory execution; Third, those who belong to the category of workers in arrears can directly file a civil lawsuit with the court.
Baidu encyclopedia-labor law
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