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How do migrant workers ask for wages
The labor administrative department shall order the employer to pay wages within a time limit; Apply to the labor arbitration institution for labor arbitration; And apply to the people's court for a wage payment order.
Migrant workers to pay through legal channels, need to prepare the following materials:
1. An application, which shall specify the name, sex, age, occupation, work unit, address and telephone number of the laborer, the name and address of the employing unit, the name, position and telephone number of the legal representative or person in charge, and specify the specific application request and the facts and reasons on which the application is based;
2. The identity certificate of the applicant;
3. The identity certificate of the respondent;
4. Proof of labor relations, such as labor contract, proof of dissolution or termination of labor contract, proof of salary payment, proof of social insurance payment, work permit, pass and other materials.
legal ground
Labor law of the people's Republic of China
Article 89 If the labor rules and regulations formulated by the employing unit violate the provisions of laws and regulations, the labor administrative department shall give a warning and order it to make corrections; If it causes damage to workers, it shall be liable for compensation. Article 91 Where an employing unit infringes upon the lawful rights and interests of workers, in any of the following circumstances, the labor administrative department shall order it to pay wages and economic compensation to the workers, and may also order it to pay compensation:
(1) Deducting or delaying the wages of workers without reason;
(2) Refusing to pay overtime wages to laborers;
(3) Paying workers' wages below the local minimum wage standard;
(4) Failing to give economic compensation to the laborer in accordance with the provisions of this Law after the termination of the labor contract. Forty-sixth wage distribution should follow the principle of distribution according to work and implement equal pay for equal work.
The wage level is gradually raised on the basis of economic development. The state exercises macro-control over the total wages.
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