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Is it useful to call 12345 for wage arrears of migrant workers?
If the employer is in arrears with wages, call 12345 and it will be transferred to the labor inspection or told to complain to the labor inspection.
Labor supervision is a full-time team of the people's government to supervise the employer's implementation of labor security laws and regulations, investigate and correct illegal acts. Workers call the mayor's hotline, and the mayor's hotline will generally be handed over to the labor inspection, or the workers will be notified to complain directly to the labor inspection.
If it is found that the company has been in arrears with wages, employees can find the following departments to solve it:
1, Labor Inspection Brigade
Regardless of whether the company's wage arrears constitute a crime, employees can complain to the labor inspection brigade of the labor administrative department first.
After receiving the complaint, the labor inspection brigade will issue a Notice of Order to Correct to the person in charge of the company who refuses to pay the salary, and order the company to pay the employee's salary within a time limit.
2. Labor Arbitration Committee
If the complaint is not resolved, the employee may apply to the local labor arbitration committee for arbitration, and shall provide relevant evidential materials.
3, the people's court
If no settlement is reached after labor arbitration, it is suggested that a lawsuit can be brought to the court within 15 days from the date of arbitration award. Moreover, those who go to court for prosecution also need to provide corresponding evidence.
According to Article 19 of the Interim Provisions on Wage Payment, if there is a labor dispute between the employee and the employer due to wage payment, the parties may apply to the labor dispute arbitration organ for arbitration according to law. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.
Extended data:
Governance countermeasures
20 15 1.6, Ministry of Human Resources and Social Security (hereinafter referred to as Ministry of Human Resources and Social Security) released news, and the four central departments recently jointly issued the Notice on Strengthening the Connection Work of Investigating and Handling Criminal Cases Suspected of Refusing to Pay Labor Remuneration. This means that the crime of unpaid wages will be hit harder.
This notice was jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Human Resources and Social Security and the Ministry of Public Security. Although our country has incorporated the crime of refusing to pay labor remuneration into the criminal law and issued a judicial interpretation.
However, due to the transition from the administrative field to the criminal field, there are still some problems in the connection between administrative law enforcement and criminal justice in the fields of labor and social security, and some provisions are unclear, which leads to some suspected criminal cases stopping at administrative processing and unable to be effectively transferred to public security organs for investigation, which affects the effect of criminal law in cracking down on crimes to some extent.
To this end, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and Ministry of Human Resources and Social Security jointly formulated and issued a notice. In order to solve the problem that the actor can't obtain relevant evidence after he escapes, the Notice stipulates that the evidence materials such as salary account books can't be obtained because the actor escapes or the employer fails to provide relevant evidence materials such as salary payment within the specified time.
The human and social departments shall promptly investigate and inquire about the workers and make inquiry records, and actively collect relevant evidence that can prove the facts such as labor employment and wage arrears, and determine the facts according to the relevant evidence such as the wage amount provided by the workers.
As for the problem that the perpetrator "runs away instead of hiding" after defaulting on the laborer's labor remuneration, the Notice stipulates that Ministry of Human Resources and Social Security will inform him to go to the designated place to solve the problem within the specified time by writing, telephone and text message. However, if you do not cooperate with the designated place to solve the problem or explicitly refuse to pay labor remuneration within the specified time, it will be regarded as "evading the payment of labor remuneration to workers in a hidden way". ?
2065438+0919130, the State Council Information Office held a press conference, inviting the responsible persons of Ministry of Human Resources and Social Security, Supreme Court, Supreme People's Procuratorate and Ministry of Public Security to inform about the crackdown on malicious wage arrears of migrant workers and answer reporters' questions.
At the press conference, when answering a reporter's question, the person in charge said that all relevant departments should work together to crack down on malicious wage arrears. In response to a reporter's question, the head of the leading group for eliminating wage arrears for migrant workers in the State Council said that the relevant departments will plan ahead for the upcoming New Year's Day and Spring Festival, and relevant documents will be issued in the near future.
References:
Baidu encyclopedia-unpaid wages without cause
References:
Baidu Encyclopedia-Interim Provisions on Wage Payment
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