Come and see, which areas are prone to wage arrears?

The construction industry is the easiest place to pay wages.

In Xiu Yuan, the road to salary is slow, and I will go up and down for it.

The biggest fear of asking for salary is that the boss is too poor and has no salary, which is fatal. Even if you claim your salary according to law and win the case, not only will you still not get the money (the court can't pay your salary for Lao Lai with its own funds), but you must also repay two cucumbers (food, transportation and lost time, etc.). ).

In order to get back the wages earned in a hard year, the migrant workers' brothers have tried their best and the means of asking for wages are constantly being refurbished. Some people kneel down collectively to ask for a salary, and some people send a "lack of heart banner to ask for a salary" to the enterprise (boss). Some people jump off a building to ask for a salary, some climb a tower crane to ask for a salary, some climb a giant billboard to ask for a salary, some climb a water tower to ask for a salary, some cut their wrists to ask for a salary, some kill a contractor to ask for a salary, some commit suicide to ask for a salary, some drink pesticides to ask for a salary, and some people ask for a salary.

Migrant workers are not nerds. They don't know that playing these games may bring harm to themselves (from being late for work to being beaten and arrested for life). However, "I hate the sores in front of me, but I hate them" (selling new silk in February and cutting new valleys in May. Cured my immediate pain, but dug out my heart. I hope the king's heart will turn into a bright candle. Not according to the resumption of the front banquet, but according to the escape room. Sentences obtained by converting his poems). Have to do it.

Laozi said: "People are not afraid of death, why are they afraid of death?"

Liezi said: "Life is not mine, so life and death are just contact." .

Zhuangzi said: "Life is a corvee, and death is a rest".

When a migrant worker jumped off a building to ask for a salary, he imitated the last sentence left to his son by Lu You, a great poet in the Song Dynasty: "When you die, you know everything is empty, but asking for a salary is unsuccessful. While paying hard-earned wages, don't forget family sacrifices. "

You should make money and eat hard.

The only capital of migrant workers is their life. In order to win wages, migrant workers go through fire and water, and there is an axe after the soup. They don't change their faces and have no hesitation. Therefore, there are many heroes who ask for salary, such as "jumping off a building to ask for salary", "climbing a tower crane to ask for salary" and "climbing a giant billboard to ask for salary"

Why do I say they are heroes? The reason is that although they have taken a sad road of giving, they dare not do what they do. People dare not do this. They are gradually promoting the perfection of law and the development of society with their own blood and life, and they deserve the title of heroes.

At present, the government requires migrant workers not to ask for wages maliciously, but to ask for wages in good faith.

What does it mean to ask for salary in good faith? Just can't go to the construction site to ask the boss for money, can't go home to ask the boss for money, can't ask the boss for money on the road, and can't ask the boss for money collectively. So where can I ask the boss for money? The relevant departments have made special provisions for this, that is, they can only go to the labor arbitration department and the court to sue for money, and they must also bring all kinds of evidence, such as labor contracts, work permits, salary slips, attendance books, etc. Nothing is enough.

The relevant person in charge of the Chongqing Debt Settlement Office told the reporter that the relevant government departments support the settlement of disputes over project funds and wages through proper channels, and resolutely crack down on illegal channels (interviewee's note: wages that fail to pass labor arbitration and court judgment are all' illegal channels') and' malicious arrears of wages' through excessive means.

The person in charge told the reporter that five types of behaviors should be identified as "malicious salary-seeking" behaviors in the construction field: First, it violates public security management regulations and takes measures such as pulling banners, blocking roads, blocking traffic, and blocking entrances and exits. , causing serious impact; The second is to climb stairs, climb tower cranes, cut off water and electricity, and impact the construction site. , hinder the normal construction site management and office order, causing serious losses; Third, those who obtain construction funds, materials, labor services or wages of migrant workers by extortion, extortion or coercion are suspected of fraud or deliberately creating troubles on the grounds of contract disputes; The fourth is to organize migrant workers or non-site personnel to participate in gathering or making trouble, such as containing state organs and impacting office areas; Fifth, disobedience to the management of government departments threatens the personal safety of relevant government staff and seriously affects the mediation of relevant government departments.

The person in charge said that the public security department will strictly deal with the "malicious arrears of wages" in the construction field according to law, especially the sudden social security incidents caused by malicious wages, and will resolutely crack down and never be soft. At the same time, according to the credit evaluation system of employees in the construction market, the construction and labor departments in informed criticism maliciously recovered employees and restricted or prohibited them from participating in the construction market labor force in Chongqing according to law.

Respondents' comments:

The government's measures treat the symptoms rather than the root cause, the arrears of wages no longer exist, and the wage demands naturally disappear. Those who "collectively kneel down to ask for a salary" send "a banner with no heart to ask for a salary" to the enterprise (boss). Those who jump off buildings for wages, climb tower cranes for wages, climb giant billboards for wages, climb water towers for wages, cut their wrists for wages, kill contractors for wages, commit suicide for wages, drink pesticides for wages, stop cars for wages, and pull banners for wages.

Not paying wages is the best solution to prevent malicious wage demands.

If wage arrears continue to exist, no matter how severely the government cracks down, malicious wage demands will continue to exist. For the rich, it is not important to owe hundreds of thousands of dollars. For poor migrant workers, this is the lifeblood of his "family". He will try his best to protect it, even if he takes risks and risks, even if the soup is in front and the axe is behind, he will go through fire and water to get the meager salary. It can be seen from the excessive wage demands in the past that migrant workers are desperate, and it is difficult to stop them from acting by punishing those who are desperate. To make matters worse, migrant workers may do more outrageous things and strengthen security and defense to prevent major incidents.

The laws of Daqin are incomplete enough, the laws of Datang are calm enough, and the laws of Daming are strict enough, but this has not stopped Chen Sheng, Guangwu, Huang Chao and Li Zicheng, who are all "migrant workers" now. As a result, the Daqin Empire was in turmoil, and the Tang Dynasty was in violent turmoil. Emperor Chongzhen of the Ming Dynasty hanged Meishan.

Dayu also knows that "blocking is better than dredging", but today's "meat eaters" don't know? Cao Gui, an ancient man in China, said, "Carnivores are contemptuous, but they can't have foresight.". Li Mu, a poet in the Tang Dynasty, said: "Future generations mourn it without learning from it, and it also makes future generations mourn it again."

"Wage arrears" is a new problem in the reform and opening up. There is no "wage arrears" in the era of "ringing the bell to eat and stamping for money". With the rapid development of our country, many new problems will be encountered in various fields, and more and more new things will appear. When we don't know the essence of the problem and the development trend of things, if we ban and exclude all these problems and things, it will undoubtedly make the situation worse. We should guide them reasonably and bring the interference factors into it.

The Criminal Law Amendment (VIII) stipulates that:

Evading payment of laborers' remuneration by transferring property or escaping. , or the amount of unpaid labor remuneration is relatively large, which constitutes a crime of malicious arrears of wages, and is sentenced to fixed-term imprisonment of not more than three years or criminal detention in accordance with the law, and concurrently or solely fined; If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of the preceding paragraph. Whoever commits the acts mentioned in the preceding two paragraphs, but has not caused serious consequences, pays the laborer labor remuneration before bringing a public prosecution, and bears the corresponding liability for compensation according to law, may be mitigated or exempted from punishment.

Respondents' comments: This regulation has a certain deterrent effect on bosses who still have certain funds, but it has little effect on poor bosses who are heavily in debt. Their dead pigs are not afraid of rising water and burning their hands. If they want to be sentenced, they will be sentenced, and they will not get money.

Recommend black-and-white road compensation scheme:

First of all, the solution to wage arrears is as follows:

1. Complain to the local labor inspection department or call the hotline 12333.

2. Go to the Human Resources and Social Security Bureau to apply for labor arbitration.

3. Go to the local people's court to file a lawsuit and apply for a payment order.

According to the Labor Contract Law

Article 30 The employing unit shall, in accordance with the stipulations of the labor contract and the provisions of the state, pay the laborers' labor remuneration in full and on time. 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.

Article 77 If the legitimate rights and interests of laborers are infringed, they have the right to ask the relevant departments to handle it according to law, or apply for arbitration or bring a lawsuit according to law.

Article 85 In any of the following circumstances, the employer shall be ordered by the labor administrative department to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay compensation to the laborer according to the standard of more than 50% 100% of the payable amount.

Second, the triad solution is as follows:

Find some comrades to find a way to get rid of him, and ask him whether to pay or keep his hands and feet, or keep two ears as a souvenir. If you have the courage of Tang Ju, a person can also ask for a salary. Tang Ju said: "Fuzhu stabbed Liao Wang, and the comet hit the moon; Nie Zhengzhi stabbed Han Yu and Bai Hongguan; Want to stay Qing Ji also, pale baby hit the temple. These three sons, all dressed in cloth, were not angry, so they did not invade and descended to heaven, with four ministers in total. If a scholar is angry, bury two people, bleed five steps, and the world dies. (larger foe) The same is true today. The king of Qin stood up with a sword, scratched his face and knelt for a long time, thanking him and saying, "Please sit down, sir! What about this! Pay you. "

Respondents' comments: Black and white solutions have their own advantages and disadvantages. The advantage of Bai's solution is security, but the disadvantage is that it is slow and troublesome. Whether it can be solved in March or February is still unknown.

The advantage of black solution is that it can be completely solved in one day at most, but the disadvantage is that you may get into trouble.

Other "jumping off a building" schemes for asking for salary are too tragic and are not recommended.

The above is the best plan, there is nothing better. If it doesn't work, you have to admit that you are unlucky.

Today, "it is difficult to ask for a salary, and it is difficult to ask for a salary" has not been fundamentally alleviated. From the perspective of perfecting the law, it is "barrier-free" to solve the problem of unpaid wages, but the cruel reality is that malicious unpaid wages are universal and malicious unpaid wages are "individual". It is reported that since the "malicious wage arrears case" occurred, in two years, more than 80 business owners across the country have been sentenced and held accountable according to law. The law is "full" and the law enforcement is "very skinny"; Wages are "full" and wages are "thin".

Some citizens pointed out that the difficulty in obtaining evidence and poor legal operation are the main reasons for the difficulty in incriminating unpaid wages. Many projects are subcontracted at different levels, and it is difficult to pursue the main body after the dispute of wage arrears for migrant workers occurs. In addition, the procedures are complicated and the difficulty of obtaining evidence is undoubtedly too high for ordinary workers, and it is difficult for migrant workers to step into the footsteps of safeguarding rights.

The deterrent power of the law is not unlimited, especially after encountering problems such as high cost of safeguarding rights, great difficulty in safeguarding rights, and "difficulty in enforcement", the just power of the law will be reduced, and malicious arrears will be rampant again. As suggested by relevant experts, it is necessary to give play to the leading role of the government, enhance the government's sense of responsibility, and change the rights protection of migrant workers into government rights protection. Employment is the greatest livelihood, and getting adequate employment remuneration is the greatest livelihood. From the perspective of improving people's livelihood, the government has the responsibility to protect the interests of migrant workers. In particular, the labor inspection department must intervene in supervision in advance to prevent problems before they happen, so as to get twice the result with half the effort.

If migrant workers can get their wages through the relevant departments, they will not be so troubled.

To sum up, in order to comprehensively control the problem of unpaid wages, we must first control the labor inspection department to wait for the problem of unpaid wages to become a reality, hold accountable those responsible for government departments who do not act, and severely punish illegal cases of malicious unpaid wages by bosses. If wage arrears do not come true, the problem of wage arrears for migrant workers will be completely solved.