How to legally and effectively collect wages and debts

If migrant workers want to ask for wages, the most important thing is to have evidence, especially evidence to prove that they have a factual labor relationship with their units: recruitment brochures, records, labor contracts; Staff roster, attendance record, etc. So, how to legally and effectively collect wages and debts? The following contents have been compiled for your answer, hoping to help you.

1, negotiate first

Try to solve it through negotiation first. Pay attention to the following points when negotiating:

(1) To unite, you can choose representatives to negotiate;

(2) Take the initiative to present evidence, and pay attention to keeping negotiation records by recording;

(3) Explain the punishment of the government and the law for the wage arrears of migrant workers, and let the boss feel awe of us.

2. Call 12333, 12348, 1235 1.

Don't be afraid when migrant workers are at a loss! At this time, you can call these three numbers for consultation to help safeguard rights:

Hotline of labor security supervision department: 12333.

Judicial hotline: 12348.

Trade union hotline: 1235 1

Step 3 apply for mediation

If the unit has a labor dispute mediation committee, it may apply for mediation. The labor dispute mediation committee consists of workers, employers and trade union representatives.

Please note that the director of the labor dispute mediation committee must be a trade union representative!

Step 4 find a trade union

It is the duty of trade unions to safeguard the legitimate rights and interests of migrant workers. Migrant workers who encounter wage arrears can call the trade union's "1235 1" rights protection hotline, or seek help from the trade union help center or the trade union legal aid center.

The trade union can directly negotiate with the employer or coordinate the labor security supervision department to solve it; When a lawsuit is needed, the trade union will also provide professional legal aid.

Step 5 find the government

If you complain to the local labor security supervision department, you can call the "12333" hotline of the labor security supervision department, log in to the local social security department official website, or complain directly to the local labor inspection agency.

6. Apply for arbitration

You can apply to the local labor dispute arbitration commission for arbitration. It should be noted that a written application should be submitted to the Labor Dispute Arbitration Committee within 60 days from the date of the labor dispute. If you are dissatisfied with the arbitration result, you can bring a lawsuit to the local people's court.

At present, local labor dispute arbitration institutions have opened up a "green channel" for dispute handling, giving priority to accepting and hearing disputes over unpaid wages; Timely ruling and closing.

7. Prosecution

There are three situations:

If any party refuses to accept the labor dispute case after labor arbitration, it may bring a lawsuit to the court;

After the arbitration, they all obey, and after the labor arbitration award comes into effect, if the employer does not implement it, the migrant workers may apply to the court for compulsory execution;

Those who belong to the category of workers in arrears may directly bring a civil lawsuit to the court.

8. Apply for free legal aid.

Wage-seeking migrant workers who can't afford a lawsuit can apply for legal aid to the legal aid agency where the employer and the unit are located, and ask the legal aid agency to assign a lawyer to help you with the lawsuit free of charge.