I contracted a quarry in Guilin, Guangxi. What if the boss doesn't pay me?

Questions and answers on migrant workers' rights protection

1. What are the main ways for migrant workers to safeguard their rights?

1. If you are deceived by a professional intermediary or infringed by an employer, you can complain to the local labor security supervision agency;

2. If there is a labor dispute with the employer, you can apply to the local labor arbitration committee for arbitration; If you are dissatisfied with the arbitration result, you can bring a lawsuit to the local people's court;

3. Complain to the labor and social security department or apply for work-related injury identification and demand payment of social insurance benefits. If you are dissatisfied with the result, you may apply for administrative reconsideration or bring a lawsuit to the local people's court;

4. If you encounter some complicated lawsuits and don't understand legal issues, you can seek help from local trade unions, women's federations, Communist Youth League organizations, local news media, legal aid centers and other departments;

5. If you want to know about the labor security policy, or you need to consult about specific problems, you can call the "12333" free labor security policy consultation hotline, and the staff will give you detailed answers.

Two, under what circumstances can I complain to the labor security supervision institutions?

Laborers who believe that the employing unit has violated their legitimate rights and interests of labor security have the right to complain to the administrative department of labor security. Matters that can be complained include:

1. The employing unit violates the regulations on hiring and recruiting employees. Such as recruiting child labor, collecting mortgage risks, and seizing identity documents;

2. The employer violates the relevant provisions of the labor contract. Such as refusing to sign a labor contract, illegally dissolving the labor contract, and not paying economic compensation according to state regulations after dissolving the labor contract;

3. The employer violates the special labor protection provisions for female employees and underage workers. For example, arranging female workers and underage workers to engage in taboo labor stipulated by the state, and failing to conduct health examinations for underage workers;

4. The employer violates the regulations on working hours and rest and vacation. Such as overtime, forced overtime, and failure to arrange workers' vacations according to law;

5. The employer violates the wage payment regulations. Such as deduction or unreasonable arrears of wages, refusal to pay overtime wages, and refusal to comply with the provisions of the minimum wage guarantee system;

6. The labor rules and regulations formulated by the employer violate the provisions of laws and regulations. If the rules and regulations of the employer stipulate that migrant workers do not participate in work-related injury insurance, the responsibility for work-related injuries shall be borne by migrant workers;

7. The employer violates the social insurance regulations. Failing to participate in social insurance and pay social insurance premiums for migrant workers according to law, and failing to pay industrial injury insurance benefits according to law;

8. Illegal employment without registration by the industrial and commercial departments violates labor security laws and regulations and infringes on the legitimate rights and interests of migrant workers;

9. The professional intermediary institution violates the relevant provisions of the professional intermediary. Such as providing false information, illegal charges, etc. ;

10. The laborer thinks that the employer has infringed upon other legitimate rights and interests of his labor security.

3. What problems should migrant workers pay attention to when signing labor contracts with employers?

For migrant workers who are employed in cities, signing labor contracts is an important means to safeguard their rights and interests. If the employer does not sign a labor contract with migrant workers, migrant workers must take the initiative to sign a written labor contract; If the employer insists on refusing to sign, migrant workers can report the situation to the local administrative department of labor security, which will urge them to sign. Migrant workers should pay attention to the following issues when signing labor contracts:

1. A labor contract must clearly specify the term of the labor contract, work contents and working hours, labor protection and working conditions, labor remuneration, labor discipline and responsibilities for violating the labor contract. When signing a labor contract, migrant workers should be as detailed as possible about the above-mentioned items such as labor remuneration, and must make clear the wage payment standard, payment items, payment forms and payment time, so as to effectively safeguard their legitimate rights and interests in the event of labor disputes in the future.

2. Before signing the labor contract, you should carefully read the job description, labor discipline, wage payment regulations, labor contract management rules and other rules and regulations on related posts, because these documents involve the rights and interests of migrant workers in many aspects, and when they are attached to the labor contract, they have the same legal binding force as the labor contract.

3. The labor contract shall be made in at least two copies, one for each party, and the migrant workers shall keep it properly. If the employer draws up the text of the labor contract in advance, migrant workers must be cautious when signing it, carefully scrutinize the text, and ask the employer to explain and modify it in time if the terms and concepts are unclear. To be on the safe side, before signing a labor contract, migrant workers can also consult the relevant departments or public employment agencies to confirm the legality and fairness of the relevant contents of the contract. It should be noted that Chinese characters should be capitalized when numbers are involved in labor contracts.

4 migrant workers should be careful not to sign the following contracts when signing labor contracts:

Oral contract. Some enterprises do not conclude contracts with workers in written form, but only verbally agree on wages, working hours, etc. In case of dispute, both parties hold their own words. Due to the lack of written evidence, it is often difficult for migrant workers to argue.

Life-and-death contracts Some enterprises in dangerous industries do not fulfill their safety and health obligations according to the relevant provisions of the labor law, and when signing the contract, they are required to agree with the workers not to bear the responsibility for work-related injuries and other provisions to avoid responsibility. In this case, migrant workers can ask the employer to cancel these terms; If negotiation fails, in the event of an accident, migrant workers can apply to the labor arbitration committee or the people's court to confirm that these terms are invalid.

"Two skins" contract. Some employers are afraid of the supervision of the competent department of labor and social security, and often sign two contracts with the candidates, one for inspection and the other for real, and this contract is often an unequal contract that is only beneficial to the employers.

Deposit contract. Some employers take advantage of migrant workers' eagerness to find jobs and charge a lot of deposits, deposits and other fees when signing contracts. If the migrant workers violate the management slightly, the employer will "legally" detain this part of the deposit. This kind of contract is prohibited by law and migrant workers can refuse it.

Prostitution contract Some employers and migrant workers stipulate in the contract that "all actions; For those who pay the deposit because they don't understand the legal provisions, they must also keep the receipt as evidence when defending their rights. Obey the arrangement of the employer. Once signed, it is like selling yourself, completely losing the freedom of action. Overtime, forced labor, and even arbitrary insults, corporal punishment, and detention of migrant workers. In this case, we should not submit to humiliation, but complain and report to the labor security supervision department or the public security organ in time to safeguard our legitimate rights and interests.

4. What should I do if the employer defaults on wages?

In the case that the employer is in arrears with wages, migrant workers should first negotiate with the employer. If negotiation fails, they can solve it 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 1 year from the date of the labor dispute;

3. Solve it 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, after arbitration, both parties will not bring a lawsuit. After the labor arbitration award comes into effect, if the employer fails to implement it, the migrant workers 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.

In particular, when the rights and interests such as wage arrears are infringed, we must rely on legal channels to solve the problem. Never resort to excessive behavior and violence, otherwise impulsiveness will not only help, but may also be investigated for violating criminal law.

Five, the legal responsibility of the employer or individual refused to pay labor remuneration.

According to the relevant provisions of the Labor Law and the Labor Contract Law, if the employer fails to pay the laborer's labor remuneration in full and on time according to the stipulations of the labor contract or the provisions of the state, the labor administrative department shall order it to pay the labor remuneration, overtime pay or economic compensation within a time limit. If it fails to pay within the time limit, the employer shall be ordered to pay the laborer extra compensation according to the standard of more than 50% 100% of the payable amount. If the wages paid by the employer to the workers are lower than the local minimum wage, the difference shall be paid. If it fails to pay within the time limit, it shall be ordered to pay compensation to the laborer according to the standard of more than 50% 100% of the payable amount.

According to the relevant provisions of the Criminal Law, evading the payment of labor remuneration to laborers by transferring property, escaping, etc. , or those who have the ability to pay but fail to pay the laborers' remuneration, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph. Whoever commits the acts mentioned in the preceding two paragraphs, but has not caused serious consequences, pays the laborer labor remuneration before bringing a public prosecution, and bears the corresponding liability for compensation according to law, may be mitigated or exempted from punishment.

6. What provisions does the state have for construction enterprises to pay the wages of migrant workers?

According to the Interim Measures for the Administration of Wage Payment of Migrant Workers in the Construction Field, construction enterprises must pay the wages of migrant workers on time and in full according to law, and shall not be in arrears or deducted, and shall not be lower than the local minimum wage standard. Enterprises shall pay wages directly to migrant workers themselves on a monthly basis according to the agreed standards and dates, and it is strictly forbidden to pay wages to "labor contractors" or other organizations and individuals who do not have the qualifications of employment subjects. Enterprises can entrust banks to pay wages to migrant workers. An enterprise that pays the wages of migrant workers shall prepare a wage payment table, truthfully record the payment unit, payment time, payment object and payment amount, and keep it for more than two years for future reference.

Ministry of Human Resources and Social Security, the National Development and Reform Commission, the Ministry of Supervision, the Ministry of Finance and the Ministry of Housing and Urban-Rural Development "Notice on Strengthening the Management of Construction Projects to Solve the Problem of Wage Arrears for Migrant Workers" (Ministry of Human Resources and Social Security Mingdian [2011] No.2) further clarified the wage payment responsibility of general contracting enterprises. It is stipulated that general contracting enterprises must use qualified enterprises in subcontracting projects, and subcontracting and illegal subcontracting are strictly prohibited. The contractor shall sign professional subcontracting or labor subcontracting contracts according to law. The competent departments of construction projects at all levels should strengthen the supervision and management in the process of contract execution.

According to the principle of "who contracts, who is responsible", the general contracting enterprise shall take overall responsibility for the payment of wages of migrant workers in the contracted projects, and shall not default on the wages of migrant workers on the grounds that the project funds are not in place. If the construction unit or the general contracting enterprise fails to pay the project payment according to the contract, resulting in the arrears of wages of migrant workers by the construction contracting enterprise, the construction unit or the general contracting enterprise shall advance the arrears of wages of migrant workers in advance; If the general contracting enterprise contracts or subcontracts to organizations or individuals who do not have the qualification of employment subject, the general contracting enterprise shall bear the responsibility of paying off the wages owed to migrant workers.

Seven, the enterprise illegal subcontracting projects, who will bear the main responsibility of the employer?

According to the Notice of the Ministry of Labor and Social Security on Matters Related to the Establishment of Labor Relations (No.KLOC-0/2 [2005] of the Ministry of Labor and Social Security), if an employer such as a construction enterprise or a mining enterprise contracts out the project (business) or management right to an organization or a natural person who does not have the qualification of employment subject, the employer with the qualification of employment subject shall bear the responsibility of employment subject.

8. Excerpted from the Supreme People's Court's explanation on several issues concerning the application of law in the trial of criminal cases of refusing to pay labor remuneration.

Article 2: For the purpose of evading payment of laborers' labor remuneration, any of the following circumstances shall be deemed as "evading payment of laborers' labor remuneration by transferring property, concealing, etc.". "The first paragraph of Article 276- 1 of the Criminal Law stipulates:

(1) Concealing property, maliciously paying off debts, fictitious debts, false bankruptcy, false bankruptcy or transferring or disposing of property in other ways; (2) running away or hiding; (3) concealing, destroying or tampering with accounts, employee rosters, wage payment records, attendance records and other materials related to labor remuneration; (4) evading payment of labor remuneration by other means.

Article 7 Where a unit or individual that does not have the qualification of employing workers illegally recruits workers and refuses to pay labor remuneration, and the amount is relatively large, but still refuses to pay after being ordered by the relevant government departments to make corrections, criminal responsibility shall be investigated for the crime of refusing to pay labor remuneration in accordance with the provisions of Article 276-1 of the Criminal Law.