What should migrant workers do if they owe money?

"On a certain day of a certain year, the project was completed and settled." A year's hard-earned money has finally turned into a blank sheet of paper-Xu Fushun, a construction worker from Suqian, Jiangsu Province, said that this is the piece of paper he is most afraid of seeing at the end of each year. On the one hand, it is the salary to be settled, on the other hand, it is a "white note" without other evidence. Giving up the "white note" means giving up the salary, but taking the "white note" does not mean that you will definitely get the salary. "Yes, it will always be more reassuring." Xu Fushun said. It's the end of the year again, and migrant workers who have been busy for a year always want to go home and reunite with their harvest. However, at this time, "white stripes" appeared in their lives and became an unspeakable pain. How did "white stripes" appear? What kind of "salary" problem will it bring? Can I still get the salary of becoming a "white note"? With these questions, the reporter conducted an investigation. If there is no "white note", it is not counted as working on the construction site. "Can you get the money, see the construction site, see the boss who follows, and see luck!" Xu Fushun told reporters that he had been on the construction site for 10 years. In these years, he has never signed a formal labor contract. "They all go out to work with fellow villagers and rely on verbal promises. Where can I sign a contract?" "It is normal to take' white strips'." Talking about his own experience, Xu Fushun said that people who have not made white notes are not considered to have worked in construction sites. Generally, my own work has been finished, and the project is not over yet. "The foreman wrote us a blank paper IOU, which clearly stated that the salary would be settled after the project was completed. It is rare to get the money directly. On several occasions, I can only take the' white strip' to the construction site or the contractor's home to ask for money. " Shen Jianfeng, an associate professor at China Institute of Labor Relations, told reporters: "Migrant workers are more forced to accept' white stripes' than voluntarily. When employers don't pay wages, migrant workers might as well accept' white bars' instead of returning empty-handed. However, the issuance of IOUs cannot be regarded as the payment of wages, nor can it change the fact that workers are in arrears with wages, nor can it exempt them from all legal responsibilities for arrears with wages. Workers have the right to refuse to accept. " A construction site manager in Suzhou, Jiangsu revealed to reporters that due to the high mobility of personnel in construction, water conservancy, transportation and other engineering fields and multi-level "subcontracting", only subcontractors and general contractors will sign formal labor contracts, and the salaries of contractors and workers below are often determined by "white bars". "In these industries, migrant workers are the easiest to get' white bars' and the easiest to be owed wages." It is understood that it is difficult to get legal protection because the "white strip" is contrary to the current laws and regulations. If the relevant departments want to help "white-striped" migrant workers to ask for wages, they are often restricted by laws and regulations, and the effect will naturally be greatly reduced if they lack the deterrent to malicious arrears. Due to the limitation of their own knowledge structure and experience, some migrant workers still believe in "white stripes", which makes it difficult to get wages. When he became a contractor, "white stripes" did not disappear in his life. Yongzheng and Xu Fushun work in the same construction site. He has been working in the construction site for 8 years. Although he has changed from a construction worker to a contractor, the "white note" has not disappeared in his life. It is still his inevitable experience to hold the "white note" for salary at the end of each year. "No matter how strict the contract is at the beginning, it is difficult to implement. Economically developed areas are better. In many inland areas, if the project's funds cannot be turned over at the end of the year, it will default on the subcontractor's project payment, and the subcontractor will default on the contractor, which will affect the operation of the whole chain. " Yongzheng said that it is difficult to pay with "white bars", and he has been "kicked" many times. Yongzheng never imagined that when he became a contractor, he would go home later and later every year. "Every year on the 29th to go back. Workers have to take money home for the New Year and settle it all at the end of the year. So we have to give them money first. The contractor continues to stay here and gets paid with a' white strip'. " "I want to accept this job in the future, so I can't be too hard on each other. I owe 230,000 yuan. I'll give you 200,000 yuan and ask you if you want it. Not even 200 thousand. This comparison, 30,000 yuan is insignificant. " Yongzheng said that it is more helpless to accept IOUs. "The workers are gone and the people are very weak. It would be nice to get some money. " As for "IOUs", it is easy to encounter difficulties in asking for wages. Shen Jianfeng believes that from a legal point of view, IOUs are "IOUs". "The IOU itself has the function of evidence, which can prove and confirm the fact that the wages of workers have not been paid. After the laborer gets the debt, he can report the complaint directly to the labor inspection department. " Judging from the labor dispute, according to the judicial interpretation, the laborer directly brings a lawsuit to the people's court with the employer's arrears of wages as evidence. When the claim does not involve other labor relations disputes, it can be accepted directly as an ordinary civil dispute without going through the pre-arbitration procedure. "For workers, in order to protect their rights and interests, when accepting IOUs, we must confirm whether the amount of wages recorded on IOUs is consistent with the facts, whether the seal on IOUs is the seal of the employer, and whether the IOUs issuer has the right to issue them." Shen Jianfeng told reporters that workers should claim their rights in time to avoid the expiration of the claim period. Putting an end to "white stripes" and signing a contract is the law of safeguarding rights. The problem of migrant workers holding "white stripes" to ask for wages has always attracted much attention. The head of the Rights Protection Department of the All-China Federation of Trade Unions recently said that the issue of timely and full payment of wages has always been the focus of trade unions, and trade union organizations at all levels have also strengthened education and publicity in related fields, hoping that the majority of migrant workers will attach importance to signing labor contracts and retain relevant evidence. It is reported that during the New Year's Day and Spring Festival in 20 17, trade unions at all levels will actively provide rights protection assistance and services according to the characteristics and needs of migrant workers, and earnestly safeguard the rights and interests of migrant workers. One of the important aspects is to actively participate in the special inspection of migrant workers' wage payment, coordinate with human society, public security, housing construction and other departments, give play to the role of the trade union system in wage reporting, provide legal advice and legal assistance to migrant workers, and ensure that migrant workers get their wages in full and on time before returning home. In the field of engineering construction, especially housing construction, water conservancy construction and traffic construction, the person in charge said: First, efforts should be made to expand the coverage of trade union organizations for migrant workers and attract more migrant workers to join trade union organizations; Second, cooperate with relevant government departments to strengthen the supervision of wage payment in real-name registration system, and increase the promotion of bank card payment for migrant workers' wages. The person in charge also stressed that some construction projects may have multi-level "subcontracting". In this regard, it is suggested that the relevant employees must sign relevant labor contracts with the "general contractor", so as to avoid the problem of "white stripes". "In addition, we should give full play to social forces and increase attention and support for the problem of wage arrears for migrant workers. Hire relevant lawyers to provide legal aid to migrant workers, help migrant workers deal with the problem of' white stripes', teach them to identify which procedures are legal, help migrant workers find evidence of employment, employment and employment, and guide them to express their demands reasonably according to law and resolve labor disputes. " The person in charge said that it is also necessary to guide the broad masses of workers, including migrant workers, to abide by the law and safeguard their own interests under the legal environment. Guide and help them sign labor contracts, and keep evidence about employment. For example, in engineering projects, in the construction field, there are many seasonal or temporary employment. We remind employees to keep salary slips, employment or proof of wage payment, so that they can come up with corresponding basis when they encounter unpaid wages. At the same time, actively guide the broad masses of workers, especially migrant workers, to sign labor contracts and participate in work-related injury insurance, and fundamentally protect their rights and interests according to law. To prevent wage arrears, the government is approaching the year of action, and a large number of migrant workers will embark on the road of returning home for the New Year. Whether they can get a year's hard-earned money has become their biggest concern. How to ensure that migrant workers can get their hard-earned money in time and in full has become a major concern of the government and society. At the beginning of 2065438+2006, the General Office of the State Council issued the Opinions on Comprehensively Governing the Wage Arrears of Migrant Workers, and put forward 16 specific measures from five aspects: standardizing the wage payment behavior of enterprises, improving the monitoring and guarantee system of wage payment, promoting the construction of the credit system of wage payment of enterprises, and improving the management of project payment and employment methods in the construction field. At the end of 20 16, the state 12 ministries and commissions jointly issued the Notice on Carrying out Special Inspection on Wage Payment of Migrant Workers, guiding all localities and departments to take joint actions to severely crack down on malicious wage arrears of migrant workers. Under the requirements of the Opinions and the Notice, local governments have made great efforts to solve the problem of wage arrears for migrant workers and are making efforts to ensure that migrant workers get full Chinese New Year wages. The Henan Provincial Court decisively applied criminal punishment to the malicious unpaid wages of concealing property and refusing to pay labor remuneration, and investigated criminal responsibility according to law, and was tough on Lao Lai who refused to execute judgments and rulings. In Jiangxi, enterprises with unpaid wages are listed in the "blacklist", and the punishment information of untrustworthy enterprises will be exchanged to the market supervision, housing and urban-rural construction departments through the Jiangxi public credit information platform to realize mutual recognition and sharing of information. Since 20 16, the total wages owed to migrant workers in Nanchang have dropped by half. Fujian province began to implement the wage guarantee system for migrant workers in 2006, with good results. Then, it expanded to the fields of building, municipal administration and traffic engineering construction. A few days ago, Fujian Province issued the "Notice on Promoting the Real-name System Management of Construction Labor Services", which took the lead in implementing the real-name system management of construction labor services nationwide from 20 17 1. (finishing: Zhao Jianying) pay attention to several figures in the "white strip" salary. 1. wage arrears must be settled through consultation within 2 years, and no complaints can be made. Find out the affiliation and complain to the supervisory organ where the unit is located; The written complaint materials shall specify the name, gender, identification, age, occupation, work unit, domicile, contact information, name of the employer, name and position of the legal representative or principal responsible person; Explain the fact of wage arrears, demand full payment of wages and other complaints and requests. 2. If an applicant applies for arbitration within 60 days from the date of occurrence of a labor dispute, it shall submit a written application to the labor dispute arbitration committee within 60 days from the date of occurrence 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. 3. Litigation, distinguishing between 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; Belonging to the category of arrears of labor, you can directly bring a civil lawsuit to the court.