What should I do if the wages of migrant workers in Shenyang are owed?

This matter, if a company defaults on the wages of migrant workers, should directly ask the company for it. Now the national government has laws and regulations that this is an illegal crime, and workers must be paid and illegal companies and enterprises must be severely punished.

You mainly look at article 7 of the law in this matter: 7. Enterprises should pay wages directly to migrant workers themselves, and it is strictly forbidden to pay them to "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.

You can directly find the business owner, financial department and financial manager. It is best to solve the problem through consultation. If it is invalid, complain and report to the relevant departments of the local government (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). Remember: there must be factual evidence. For example, agreements and contracts, audio and video recordings about unpaid wages and demands for wages, punch-in records at work, work videos at work, various written materials, WeChat, SMS, insiders, reference materials, etc. Can be used as factual evidence.

Relevant legal provisions are attached for your reference:

Interim Measures for the Administration of Wage Payment for Migrant Workers in the Construction Field

In order to regulate the wage payment behavior of migrant workers in the construction field, 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 relevant provisions of 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 in the construction project contracting enterprise. Owners or general contracting enterprises should advance the wages owed to migrant workers in advance, and the amount of wages paid in advance is limited to the arrears of project funds.

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.