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What should I do if I default on the wages of migrant workers?
The wages of migrant workers should be paid on time; You can find the labor department, the construction enterprise can also find the housing and construction department, or you can bring a lawsuit directly to the court.
According to the relevant provisions of the Regulations on Labor Security Supervision, if wages are in arrears, the labor inspection brigade of the Labor and Social Security Bureau will order the enterprise to pay wages within the specified time. If wages are not paid within the time limit, compensation shall be paid to the workers according to the standard of more than 50% 1 times of the payable amount.
It is recommended to talk to the company first. If negotiation fails, collect relevant evidence and apply for labor arbitration. Workers' rights protection hotline (migrant workers or migrant workers' rights protection center) that can't work in a trade union. You can't bring a lawsuit to the court for free and apply for a payment order. It is very important to obtain evidence, such as mobile phone recording, colleague testimony, labor contract, payroll, roster and so on.
Second, what should I do if I encounter the problem of unpaid wages?
1, be calm and rational.
According to the Labor Law of People's Republic of China (PRC), workers have the right to receive remuneration, the right to submit labor disputes for settlement and other labor rights stipulated by law. The problem of wage arrears for migrant workers has aroused the concern of the whole society and received great attention from the central government. Relevant state departments are taking relevant measures to solve this problem, so we should keep a cool head and deal with things rationally.
2. Learn to use legal rights.
If you are in arrears with your salary, you can report it to the local labor law enforcement department, and the law enforcement inspectors of the labor department will help coordinate and solve it; You can also apply for arbitration in local labor dispute arbitration institutions. If you are not satisfied with the arbitration, you can also bring a lawsuit to the people's court for compulsory execution. If you can't pay the legal fees, you can also apply for a reduction or exemption of legal fees. In short, we should rely on the help of the government and the law to get the reward we deserve.
3. Labor and social security departments have asked all localities to pay attention to protecting the legitimate rights and interests of migrant workers.
Take enterprises' malicious arrears and deduction of migrant workers' wages as the focus of labor security supervision and law enforcement, severely investigate and punish illegal acts of deduction of migrant workers' wages according to law, and order employers to make up the arrears of wages and protect the legitimate rights and interests of migrant workers. It is understood that the labor department in Beijing has strengthened the supervision of labor law enforcement, especially for workers who are in arrears with farmers' wages.
No matter whether it is migrant workers or employees of other natures, they can take various legal channels to protect their rights when they encounter unpaid wages without reason. Therefore, if the company encounters cash flow problems and wants to delay the payment of employees' wages, it must negotiate with employees in advance, and in the case of delayed payment, it must increase the payment ratio.
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