Joke Collection Website - Blessing messages - What should I do if the construction site defaults on the wages of migrant workers?
What should I do if the construction site defaults on the wages of migrant workers?
I. consultations with employers
When migrant workers find that their wages are in arrears, they can first negotiate with the employer and ask for payment of the wages in arrears. In the negotiation process, migrant workers should keep good communication records with employers, such as SMS, WeChat, email, etc. In case of subsequent rights protection.
Second, complain to the labor inspection department.
If negotiation fails, migrant workers can complain to the local labor inspection department. The labor inspection department is the government department responsible for supervising the employer's compliance with labor laws and regulations. It can supervise the employer and recover wages. Migrant workers should provide relevant evidence when complaining, such as salary slips and work certificates, to prove that their legitimate rights and interests have been violated.
Third, apply to the labor arbitration institution for arbitration.
If the labor inspection department can't solve it, the migrant workers can apply to the labor arbitration institution for arbitration. Labor arbitration institutions specialize in handling labor disputes and can mediate and adjudicate disputes between employers and migrant workers. When applying for arbitration, migrant workers need to provide relevant evidence and materials and apply in accordance with the procedures and requirements of arbitration institutions.
Fourth, bring a lawsuit to the court.
If the arbitration results still can't solve the problem, migrant workers can bring a lawsuit to the court and solve the problem of unpaid wages through legal channels. In the process of litigation, migrant workers need to provide sufficient evidence and materials to prove that their legitimate rights and interests have been violated, and ask the court to investigate the responsibility and compensate the employer.
To sum up, when migrant workers face the problem of wage arrears, they must first negotiate with the employer. If negotiation fails, you can complain to the labor inspection department, apply to the labor arbitration institution for arbitration or bring a lawsuit to the court. In the process of safeguarding rights, migrant workers should keep relevant evidence and materials and operate according to relevant procedures and requirements.
Legal basis:
Labor law of the people's Republic of China
Article 50 provides that:
"Wages should be paid to the workers themselves on a monthly basis in the form of money. The wages of workers shall not be deducted or owed without reason. "
People's Republic of China (PRC) labor contract law
Article 30 provides that:
"If the employer is in arrears or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order according to law, and the people's court shall issue a payment order according to law."
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