Is it illegal for migrant workers to post signs and photos when their boss owes them wages?

If the boss owes wages, it is illegal for migrant workers to post signs and photos. Workers should assert their legitimate rights and interests through legal channels. Workers can complain to the labor inspection or apply to the labor dispute arbitration committee where the employer is located. In labor arbitration, if you have an IOU, you can apply to the People's Court for a payment order.

1. Apply to the People’s Court for a payment order

According to Article 30 of the Labor Contract Law and Article 16 of the Labor Dispute Arbitration and Mediation Law, the employer must If an employee issues a wage IOU or reaches a payment agreement and fails to perform payment obligations as agreed, the employee may apply directly to the People's Court for a payment order.

To apply for a payment order, you need to submit an application form, IOU, and the applicant's identity document. The application should contain the following contents:

1. Basic information such as the name of the employee and the employer;

2. The amount of wages that the employee requires the employer to pay;

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3. Facts and evidence on which the worker’s request is based;

4. The property status of the employer and the property available for execution.

2. Complain to the Labor Supervision

According to Article 85 of the "Labor Contract Law" and Article 9 of the "Labor Dispute Arbitration and Mediation Law", the employer defaults or fails to pay If labor remuneration is paid in full, a complaint may be made to the labor inspection, which shall accept the complaint and order the employer to pay within a time limit; if payment is not made within the time limit, the employer shall be ordered to pay compensation at a rate of 50% to 100% of the arrears.

You can make a complaint to the labor inspection orally or in writing. You need to submit your identity card and evidence of the employer's wage arrears.

3. Apply for labor dispute arbitration

Labor dispute arbitration is an effective way to recover labor remuneration and can generally be resolved in the end. Labor dispute arbitration shall be under the jurisdiction of the Labor Dispute Arbitration Committee of the place where the employer is domiciled or the place where the labor contract is performed. To apply for labor dispute arbitration, one must submit an arbitration application and provide copies according to the number of respondents, a copy of the applicant’s ID card, and copies of relevant evidence. and 2 lists of evidence; in some areas, the employer’s industrial and commercial registration information is also required. The arbitration application shall specify the following matters:

(1) The name, gender, age, occupation, workplace, residence, mailing address and contact number of the employee, and the name, residence, mailing address of the employer , contact number and name and position of the legal representative or principal responsible person;

(2) Arbitration request and the facts and reasons based on it;

(3) Evidence and sources of evidence , name and residence of the witness.

If you submit a copy, you need to submit the original to the arbitration committee for inspection.

According to Article 27, Paragraph 4 of the Labor Dispute Arbitration and Mediation Law, a special statute of limitations applies to workers’ claims for labor remuneration, which is one year from the date of the termination or termination of the labor relationship.

"Interim Regulations on Wage Payment"

Article 7 Wages must be paid on the date agreed between the employer and the employee. In case of holidays or rest days, payment should be made in advance on the nearest working day. Wages should be paid at least once a month. If the weekly, daily or hourly wage system is implemented, wages can be paid on a weekly, daily or hourly basis.

"Labor Contract Law"

Article 85: If an employer has any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the remuneration is lower than the local minimum wage standard, the difference shall be paid; if payment is not made within the time limit, the employer shall be ordered to pay additional compensation to the employee at a rate of not less than 50% but not more than 100% of the amount payable:

(1) Failure to pay labor remuneration in full and on time as stipulated in the labor contract or national regulations;

(2) Paying labor wages below the local minimum wage standard;< /p>

(3) Arranging overtime work without paying overtime pay;

(4) Removing or terminating the labor contract and failing to pay economic compensation to workers in accordance with this law.

"Labor Dispute Arbitration and Mediation Law"

Article 9: The employer violates state regulations and defaults on or fails to pay labor remuneration in full, or defaults on medical expenses, economic compensation or compensation for work-related injuries. , workers may complain to the labor administrative department, which shall handle it in accordance with the law.

Article 16 If a mediation agreement is reached for payment of arrears of labor remuneration, medical expenses for work-related injuries, economic compensation or damages, and the employer fails to perform within the time limit specified in the agreement, the employee may present the mediation agreement to the employer in accordance with the law. The People's Court applies for a payment order. The people's court shall issue a payment order in accordance with the law.

Article 27 The statute of limitations for applying for arbitration of labor disputes is one year. The arbitration limitation period is calculated from the date when the parties knew or should have known that their rights had been infringed.

The statute of limitations for arbitration specified in the preceding paragraph shall be interrupted because one party asserts rights against the other party, or requests rights relief from the relevant department, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period shall be recalculated.

If a party is unable to apply for arbitration within the arbitration limitation period stipulated in paragraph 1 of this article due to force majeure or other legitimate reasons, the arbitration limitation period shall be suspended. The arbitration limitation period continues to be calculated from the date the reason for suspending the limitation period is eliminated.

If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be restricted by the arbitration limitation period stipulated in paragraph 1 of this article; however, if the labor relationship is terminated, the labor relationship shall be terminated from the date of termination of the labor relationship. Submit within one year from the date of application.

Article 51 The parties shall perform legally effective mediation documents and awards within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the People's Court for enforcement in accordance with the relevant provisions of the Civil Procedure Law. The people's court that accepts the application shall implement it in accordance with the law.