What should Qidong do in case of wage arrears for migrant workers?

If a company (enterprise) is in arrears with wages, it should directly ask the company (enterprise) for it. Now, the national government has a law that "arrears of wages and deduction of wages are illegal crimes, and more than 3, yuan or more than 1 people are serious illegal crimes, and serious ones will be sentenced to jail." Companies (enterprises) that employ migrant workers must pay wages as agreed, otherwise, government law enforcement departments will severely punish illegal companies and enterprises according to law.

in this matter, you mainly refer to Article 7 of the law: VII. Enterprises should directly pay wages to migrant workers themselves, and it is strictly forbidden to pay wages to "labor contractors" or other organizations and individuals who do not have the qualifications of employing workers. Enterprises may entrust banks to pay wages to migrant workers.

you can directly find the business owner, financial department and financial manager. It is best to solve the problem through consultation. If you can't succeed, you can report the complaint to the relevant local government departments (Labor Inspection Brigade, Human Resources and Social Security Bureau, Administration for Industry and Commerce, Construction Bureau, Court, Ministry of Supervision, 12345 complaint hotline, 12348 legal aid hotline, etc.) Remember: there must be factual evidence. For example, agreements and contracts, audio recordings about wage arrears and demands for wages, video recordings, punch-in records for work, video recordings of work at work, various written materials, WeChat, SMS, insiders, references, etc., can all be used as factual evidence.

Attached with relevant legal provisions, 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 the People's Republic of China and the Interim Provisions on Wage Payment.

1. These Measures are applicable to construction enterprises (hereinafter referred to as enterprises) and migrant workers who have formed labor relations with them in the People's Republic of China.

the construction enterprises mentioned in these measures refer to enterprises engaged in the construction, expansion and reconstruction activities of civil engineering, construction engineering, line and pipeline equipment installation engineering and decoration engineering.

2. 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.

3. Enterprises must pay the wages of migrant workers in strict accordance with the Labor Law, the Interim Provisions on Wage Payment, the Minimum Wage Provisions and other relevant regulations, and may not default or deduct them.

iv. the enterprise shall formulate internal wage payment methods through collective negotiation or other democratic negotiation according to law, and inform all migrant workers of the enterprise, and send a copy to the local labor and social security administrative department and the construction administrative department.

5. The internal wage payment method of the enterprise shall include the following contents: payment items, payment standards, payment methods, payment period and date, overtime wage calculation base, wage payment under special circumstances and other wage payment contents.

VI. The enterprise shall pay wages on a monthly basis according to the wage standard of migrant workers agreed in the labor contract and 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.

VII. Enterprises should pay wages directly to migrant workers themselves, and it is strictly forbidden to pay wages to "labor contractors" or other organizations and individuals who do not have the qualifications of employing workers.

enterprises can entrust banks to pay the wages of migrant workers.

VIII. Enterprises should prepare a wage payment table to pay the wages of migrant workers, and truthfully record the payment unit, payment time, payment object and payment amount, and keep it for more than two years for future reference.

IX. The general contracting enterprise shall supervise the wage payment of the subcontracting enterprise and urge it to pay the wages of migrant workers according to law.

1. if the owner or general contracting enterprise fails to settle the project payment with the construction contracting enterprise according to the contract, which causes the construction contracting enterprise to pay the wages owed to migrant workers, the owner or general contracting enterprise shall pay the wages owed to migrant workers in advance, and the amount of wages paid in advance shall be limited to the outstanding project payment.

Xi. If the enterprise is in arrears with the wages of migrant workers due to the arrears of project funds, the arrears of project funds recovered by the enterprise should be used to pay the wages of migrant workers in arrears first.

XII. The general contracting enterprise shall not contract or subcontract the project to an organization or individual who does not have the qualification of employing the main body, otherwise it shall be jointly and severally liable for paying off the unpaid wages.

XIII. The enterprise shall regularly and truthfully submit the salary payment of the unit to the local labor and social security administrative department and the construction administrative department.

XIV. If an enterprise violates the national wage payment regulations and defaults or deducts the wages of migrant workers, it shall be recorded in the credit file and notified to the relevant departments.

the construction administrative department may restrict its market access, bidding qualification and construction permit of newly started projects according to law, and impose corresponding penalties.

XV. The enterprise shall pay the wage guarantee fund according to the relevant regulations and deposit it in the special account designated by the local government to advance the wages of migrant workers in arrears.

XVI. Migrant workers have the right to report to the administrative department of labor and social security if they find that the enterprise has any of the following circumstances:

(1) Failing to pay wages as agreed;

(2) The salary paid is lower than the local minimum wage;

(3) default or deduction of wages;

(4) Failing to pay overtime wages;

(5) other acts that infringe upon the rights and interests of wages and remuneration.

XVII. Labor and social security administrative departments at all levels shall supervise the payment of wages to migrant workers by enterprises according to law, and deal with illegal acts. When accepting supervision, an enterprise shall truthfully report the situation and provide necessary information and proof.

XVIII. Any dispute between migrant workers and enterprises over the payment of wages shall be handled in accordance with the relevant provisions of the State on the handling of labor disputes.

The labor dispute arbitration committee may partially adjudicate wage dispute cases with clear facts that will lead to difficulties for migrant workers, as well as wage disputes involving migrant workers during 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.

XIX. These Measures shall come into force as of the date of promulgation

This was promulgated in 217.