The boss of the construction team has been in arrears with wages. What should I do?

The boss of the construction team has been in arrears with wages. What should I do?

Paragraph 4 of Article 19 of the Labor Contract Law stipulates that the probation period is included in the labor contract period, that is, the enterprise must also pay social security for the employees during the probation period.

According to "Social Insurance Law" and "Regulations on Housing Provident Fund Management", enterprises must pay "five insurances and one fund" for their employees, namely, endowment insurance, medical insurance, unemployment insurance, work injury insurance, maternity insurance and housing provident fund. When an enterprise signs a contract with its employees, both labor remuneration and social insurance are necessary clauses in the labor contract.

According to the relevant provisions of the Social Insurance Law and the Labor Contract Law, employers and workers must participate in social insurance and pay social insurance premiums according to law. It is the legal obligation of the employer to participate in social insurance and pay social insurance premiums for workers according to law. Employers and workers cannot change or waive this obligation by agreement.

The national government now has a law that "it is illegal to deduct wages in arrears, and it is a felony to pay more than 30,000 yuan or more than 10 people, and it is serious to be sentenced to jail." "Enterprises should sign labor agreements and pay social security fees (five insurances and one gold) for every migrant worker and employee", "Enterprises should pay wages directly to migrant workers themselves, and it is strictly forbidden to pay them to" labor contractors "or other organizations and individuals who do not have the qualification of employment subject. Enterprises can entrust banks to pay the wages of migrant workers. " Enterprises must pay wages according to the agreement, otherwise, government law enforcement departments will severely punish illegal enterprises according to law. Private enterprise bosses and employees must also abide by national laws and pay wages to migrant workers on time. It is also illegal for private bosses to default on wages, and the government will severely punish them according to law.

The first step should be to find a way to solve it through consultation, and you can directly find the legal representative of the enterprise, the boss of the enterprise, the financial department and the financial manager. It is best to solve the problem through consultation. If the negotiation is unreasonable, you can complain and report to the relevant departments of the local government (Labor Inspection Brigade, Labor Dispute Arbitration Committee, Human Resources and Social Security Bureau, Labor Arbitration Section of Labor Bureau, Administration for Industry and Commerce, Construction Bureau, Court, Procuratorate, Ministry of Supervision, 12345 complaint hotline, 12348 legal aid hotline). Remember: there must be factual evidence, such as: agreement and contract, audio and video recordings of unpaid wages and demands, punch-in records at work, work videos at work, all kinds of written materials, WeChat, SMS, information on computer web pages, insiders, references, etc. , can be used as factual evidence. If you don't have factual evidence at the moment, or the amount of factual evidence is not enough, you should find ways to obtain enough factual evidence so as to solve the problem of asking for unpaid wages through legal channels such as complaints, reports and reports. If the boss's attitude is fierce, he should call the police at 1 19 to complain and report that the boss is in arrears with wages and has a fierce attitude, or go to the police station of the public security bureau to complain and report, because the wages of migrant workers have already belonged to their own money after completing their work tasks. In fact, the boss's arrears of wages for migrant workers are just like fraud, defrauding migrant workers of their money. He can report to the police and ask the police for help.

Attached to the relevant laws and regulations, you can refer to: Interim Measures for the Administration of Wage Payment of Migrant Workers in the Construction Field In order to standardize the wage payment behavior of migrant workers in the construction field and prevent and solve the problem of arrears or deduction of wages of migrant workers by construction enterprises, these measures are formulated in accordance with the Labor Law of People's Republic of China (PRC) and the Interim Provisions on Wage Payment. 1. These Measures are applicable to construction enterprises in People's Republic of China (PRC) (hereinafter referred to as enterprises) and migrant workers who have formed labor relations with them. The term "construction enterprises" as mentioned in these Measures refers to enterprises engaged in civil engineering, construction engineering, line and pipeline equipment installation engineering and decoration engineering. Two, the administrative department of labor and social security at or above the county level shall be responsible for the supervision and management of enterprise wage payment, and the administrative department of construction shall assist the administrative department of labor and social security to supervise and inspect the implementation of these measures by enterprises. Third, enterprises must pay the wages of migrant workers in strict accordance with the Labor Law, the Interim Provisions on Wage Payment and the Minimum Wage Regulations, and must not default or deduct them. Fourth, enterprises should formulate internal wage payment methods through collective consultation or other democratic consultations according to law, inform all migrant workers of the enterprise, and send a copy to the local labor security administrative department and the construction administrative department. Five, the enterprise internal wage payment methods should include the following contents: payment items, payment standards, payment methods, payment cycle and date, overtime wage calculation base, special circumstances wage payment and other wage payment content. Six, the enterprise shall, according to the contents of the wage standard for migrant workers agreed in the labor contract, pay wages on a monthly basis according to the date agreed in the collective contract or labor contract signed according to law, and shall not be lower than the local minimum wage standard. The specific payment method can be stipulated in the internal wage payment method by the enterprise in combination with the characteristics of the construction industry. Seven, the enterprise should pay the wages directly to the migrant workers themselves, and it is strictly forbidden to pay to the "contractor" or other organizations and individuals who do not have the qualification of employment. Enterprises can entrust banks to pay wages to migrant workers. Eight, enterprises to pay the wages of migrant workers should prepare a wage payment table, truthfully record the payment unit, payment time, payment object, payment amount and other wage payments, and keep it for more than two years for future reference. Nine, the general contracting enterprise shall supervise the wage payment of labor subcontracting enterprises, and urge them to pay the wages of migrant workers according to law. Ten, the owner or the general contracting enterprise fails to settle the project payment with the construction project contracting enterprise according to the contract, resulting in the arrears of wages of migrant workers by the construction project contracting enterprise, and the amount of wages paid by the owner or the general contracting enterprise in advance is limited to the owed project payment. Eleven, enterprises due to the arrears of wages of migrant workers, enterprises to recover the arrears of project funds, should be used to pay the wages of migrant workers in arrears. Twelve, the general contracting enterprise shall not contract the project in violation of regulations, and shall not subcontract the project to an organization or individual that does not have the qualification of employment subject, otherwise it shall bear joint and several liability for paying off the arrears of wages. Thirteen, enterprises should regularly and truthfully report to the local labor and social security administrative departments and construction administrative departments on the payment of wages of their own units. Fourteen, enterprises in violation of the provisions of the state wage payment arrears or deduction of wages of migrant workers, credited to the credit file, and notify the relevant departments. The construction administrative department may restrict the market access, bidding qualification and construction permit of its newly started projects according to law, and give corresponding punishment. Fifteen, enterprises should pay the wage security fund in accordance with the relevant provisions, and deposit it in a special account designated by the local government to advance the wages of migrant workers in arrears. Sixteen, migrant workers found that the enterprise has one of the following circumstances, have the right to report to the administrative department of labor and social security: (1) failing to pay wages as agreed; (two) the payment of wages is lower than the local minimum wage; (three) arrears or deduction of wages; (4) Failing to pay overtime wages; (five) other violations of the rights and interests of wages. Seventeen, the administrative departments of labor and social security at all levels shall supervise enterprises to pay the wages of migrant workers according to law, and deal with illegal acts. When accepting supervision, an enterprise shall truthfully report the situation and provide necessary information and proof. Eighteen, migrant workers and enterprises because of wage disputes, in accordance with the relevant provisions of the state labor dispute handling. The labor dispute arbitration committee may partially award the wage dispute cases that the facts are clear and the ruling is not timely, as well as the wage dispute cases involving migrant workers' work-related injuries and illness; If the enterprise fails to execute part of the award, the parties may apply to the people's court for compulsory execution according to law. Nineteen, these Measures shall come into force as of the date of promulgation.

This article was published on 20 17.