The fastest and most direct solution to arrears of wages to migrant workers

The fastest and most direct solution to the arrears of wages to migrant workers

Legal analysis: The fastest and most direct solution to the arrears of wages to migrant workers is to complain to the local labor bureau; after being notified by the labor bureau If the employer still fails to pay, it can call the police, accuse the boss of refusing to pay labor remuneration, and demand that he be held criminally responsible; it can also apply to the Labor Arbitration Commission for arbitration. If he is not satisfied with the arbitration, he can sue in court.

Legal basis: "Labor Contract Law of the People's Republic of China"

Article 30 The employer shall pay employees in full and in a timely manner in accordance with the labor contract and national regulations. Pay labor remuneration.

If the employer defaults or fails to pay labor remuneration in full, the employee may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

First of all, you need to confirm the specific time of arrears of work, whether you have signed a labor contract, and whether you have already processed your resignation. Then you need to prepare relevant materials that can prove the labor relationship. For financial compensation issues, it is recommended to find an experienced lawyer.

12309 hotline number for arrears of wages for migrant workers

The hotline numbers for arrears of wages for migrant workers are 12333, 12351, and 12348.

12333, 12351 and 12348. There are two rights protection channels: the first is the local labor bureau; the second is the Office of the State Council’s Leading Group for Eradicating Migrant Workers’ Wage Arrears, which has opened a national platform for reporting clues on wage arrears. You can search the State Council client applet on WeChat to report clues about wage arrears.

Resolution of wage arrears for migrant workers

1. Complain and report to the local labor law enforcement department. When wages are in arrears, workers can report it to local labor law enforcement departments.

2. Apply for labor arbitration. If wages are in arrears, you can apply for arbitration at a local labor dispute arbitration institution. It should be noted that a written application must be submitted to the Labor Dispute Arbitration Committee within one year from the date of occurrence of the labor dispute. If a dispute arises during the labor relationship due to arrears of labor remuneration, the employee's application for arbitration is not subject to the prescribed arbitration limitation period.

3. Go to the People’s Court to sue. Many people think that it costs a lot of money to file a lawsuit. In fact, this is not the case. The cost of labor dispute litigation is only a few yuan per case. If you cannot afford a lawyer, you can also apply for legal aid. Therefore, everyone may wish to use the weapons of law with confidence and boldness, and get the rewards they deserve with the help of the government and the law.

Reference for the above content: Baidu Encyclopedia - Labor Law

24-hour online consultation of the Labor Inspection Brigade

1. What is the 24-hour online telephone number of the Labor Inspection Brigade

p>

The 24-hour online hotline of the Labor Inspection Brigade is 12333. 12333 is mainly used for a series of services such as human resources and social security policy business consultation, government affairs disclosure, complaints and reports, and social security account inquiries. 12333 can be used nationwide, and the charging standards for dialing 12333 numbers are in accordance with the relevant regulations of the Ministry of Industry and Information Technology. Most areas have 24-hour human service. If you need the telephone number of the district or county labor administration department, you need to dial 114 for further consultation.

2. Responsibilities of the Labor Inspection Brigade

1. Implement the party’s line, principles and policies and adhere to the four basic principles.

2. Carry out legal education work, publicize national labor security guidelines, policies and labor security laws, regulations and rules, and urge employers to implement them; inspect employers' compliance with labor security laws, regulations and rules; Correct and investigate violations of labor and social security laws, regulations or rules in accordance with the law; specifically handle cases requiring administrative penalties submitted by the bureau's law enforcement units.

3. Supervise employers and workers to handle various employment procedures in accordance with the law.

4. Responsible for the implementation and management of labor contracts.

5. Seriously receive letters and visits from the public, and promptly accept reports and complaints about violations of labor and social security laws, regulations or rules.

6. Assist in the investigation, evidence collection and mediation of labor dispute cases or transfer them to the labor dispute arbitration committee for processing.

7. Investigate and collect evidence on filed labor and social security supervision cases, and provide handling opinions.

8. Properly handle emergencies for enterprise employees, coordinate labor relations, and maintain social stability.

9. Do a good job in the management and supervision of the labor market, employment agencies, vocational skills training institutions and vocational skills assessment and appraisal institutions.

10. Responsible for submitting reports on labor and social security inspections.

11. Provide training and supervision to labor security inspectors.

12. Be loyal to your duties, enforce the law impartially, be diligent and honest, and keep secrets.

13. Complete other duties stipulated in laws, regulations, and rules and other tasks assigned by superiors.

The 24-hour online hotline of the Labor Inspection Brigade has been explained in the above content. If you encounter a labor unit that does not abide by labor laws and infringes on the legitimate rights and interests of workers, you can also call this number to make a complaint.

Please click to enter the picture description

What to do if a private contractor owes money

You can sue the private contractor for owing money to the People's Court.

Request the other party to repay the money. If the following conditions are met, you can apply for a payment order:

The creditor and the debtor have no other debt disputes; the payment order can be sent to the debtor.

If the debtor fails to repay the money within fifteen days after receiving the payment order, or does not raise a written objection, the creditor has the right to apply for enforcement.

In order to realize the creditor's rights, it is best to collect evidence such as IOUs and witnesses.

The most powerful evidence usually used to collect debt is the IOU, because the IOU is from the hand of the borrower and signed by the other party, which is extremely legally binding. In order to ensure that the evidence is sufficient and foolproof, witness is indispensable.

The prosecution procedure is as follows: indictment; bring the evidence and indictment to the court to file the case and pay the relevant fees; after review and confirmation, a trial will be held; the court will make a judgment; and the judgment will be executed.

The "Civil Procedure Law" stipulates

If a creditor requests the debtor to pay money or securities and meets the following conditions, he may apply to the grassroots people's court with jurisdiction for a payment order: The creditor There are no other debt disputes with the debtor; the payment order can be served on the debtor.

If the debtor fails to pay off the debt within fifteen days after receiving the payment order issued by the People's Court, or fails to submit a written objection to the People's Court, the creditor may apply to the People's Court for compulsory execution.

Please click to enter the picture description

Is it effective to call 12345 for unpaid wages?

You can call 12345 to respond. will be dealt with accordingly.

For employers who are in arrears with wages to employees, call 12345 and they will transfer the matter to the labor inspection or notify them to file a complaint with the labor inspection.

The 12345 government service hotline refers to the public service hotline established by local municipal people's governments to specifically handle hotline matters. **Service platform.

Provide "7×24 hours" manual service. The 12345 hotline can improve the level of serving the people, promote administration according to law, innovate social governance, and safeguard the legitimate rights and interests of natural persons, legal persons and other organizations.

On January 6, 2021, "The General Office of the State Council

Extended Information

Regulations on Guaranteeing the Wage Payment of Migrant Workers

Chapter 3 Wage Settlement

Article 16 If the employer defaults on wages to migrant workers, it shall pay them in accordance with the law.

Article 17 If a unit without legal business qualifications recruits migrant workers, and the migrant workers have worked hard but have not received wages, the relevant laws and regulations shall apply.

Article 18 If an employer uses migrant workers dispatched by individuals, units without legal business qualifications, or units that have not obtained a labor dispatch license in accordance with the law, and the migrant workers are in arrears with wages, the employer shall repay them and Recoveries can be made in accordance with the law.

Article 19 If an employer outsources work tasks to individuals or units that do not have legal business qualifications, resulting in arrears of wages for the migrant workers recruited, the relevant legal provisions shall be followed.

If the employer allows individuals or units that do not have legal business qualifications or have not obtained corresponding qualifications to operate externally in the name of the employer, resulting in arrears in wages of the migrant workers recruited, the employer shall repay it and may in accordance with the law Make recovery.

Article 20 If employers such as partnerships, sole proprietorships, and individual economic organizations are in arrears with wages to migrant workers, they shall repay them in accordance with the law; if they fail to do so, the investors shall repay them in accordance with the law.

Article 21 When an employer merges or divides, it shall pay off the arrears of wages of migrant workers in accordance with the law before the merger or division is carried out; if it is agreed in writing with the migrant workers, it may be inherited after the merger or division The employer shall repay its rights and obligations.

Article 22 If an employer has its business license or registration certificate revoked in accordance with the law, ordered to close down, revoked or dissolved in accordance with the law, it shall pay off the arrears of wages of migrant workers in accordance with the law before applying for deregistration.

The main investor of an employer that has not paid off the wages of migrant workers in accordance with the provisions of the preceding paragraph shall pay off the wages of migrant workers in arrears before registering a new employer.

Baidu Encyclopedia-12345

Baidu Encyclopedia-Salary Payment Regulations