Migrant workers beg for wages; What should I do if there is no IOU and no payroll?

Only the fact of wage arrears is true and reliable, as long as there are more than three workers' testimonies, and as long as you take bold actions to discuss it, it is possible to get it back. Without action, the best way is to blow them away.

The biggest fear of asking for salary is that the boss is too poor and has no salary, which is fatal. Even if you ask for wages according to law and win the lawsuit, not only will you still get no money (the court can't pay Lao Lai your salary with its own money), but you will also have to return two cucumbers (food, transportation expenses, 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 of them knelt down collectively to ask for wages, and some sent "lack of heart" banners to enterprises (bosses). A variety of salary-seeking tricks reflect the difficulty of migrant workers in paying wages.

Laozi said, "People are not afraid of death. Why are you 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".

A migrant worker jumped off a building to ask for a salary, imitating the last words left by Lu You, a great poet in the Song Dynasty, to his son: "I didn't know everything was empty until I died, and asking for a salary was unsuccessful. Hard-earned money is made, and family sacrifices are not forgotten. "

You should try to find money and eat hard.

The only capital of migrant workers is life. In order to fight for wages, migrant workers go through fire and water, with soup in front and an axe in the back, and they don't change their faces without hesitation. As a result, 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 should do. I dare not do it. They are gradually promoting the perfection of law and the development of society with their own blood and life, and they are worthy of 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 a 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, 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' illegal channels') and' malicious arrears' through excessive means.

The person in charge told the reporter that five kinds of behaviors should be identified as "malicious salary-seeking" behaviors in the construction field: First, in violation of public security management regulations, measures such as pulling banners, blocking roads, blocking traffic, and blocking entrances and exits were taken. , causing serious impact; The second is to climb stairs, climb tower cranes, cut off water and electricity, and impact the construction site. , interfere with the normal construction site management and office order, causing serious losses; The third is to obtain project funds, materials, services or wages of migrant workers by extortion, extortion, coercion, etc., suspected of fraud or deliberately making trouble 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 recovery, 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 took back employees and restricted or prohibited them from participating in the construction market labor force in Chongqing according to law.

Respondents' comments:

The government's measure is to treat the symptoms, not the root cause. If the arrears of wages do not exist, the wages will naturally disappear. Those who jump off a building to ask for a salary, kneel collectively to ask for a salary, send a banner of "lack of heart" to an enterprise (boss) to ask for a salary, reward bacon to ask for a salary, "climb a tower crane to ask for a salary", "climb a giant billboard to ask for a salary" and "climb a water tower to ask for a salary". Those strange ways of asking for wages, such as pulling banners, blocking roads, blocking traffic, blocking entrances and exits, cutting off water and electricity, and attacking construction sites, have all disappeared.

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

If wage arrears continue to exist, no matter how the government strikes, malicious wage demands will continue. For the rich, it doesn't matter, and there is no need to take risks. For the poor migrant workers, that is his lifeblood. He will do his best to protect them, even if he takes any greater risks. Even if the soup comes first and the axe comes last, he will go through fire and water to get that 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, strengthen security and prevent major incidents.

The laws of Daqin are not complete enough, the laws of Datang are cool enough, and the laws of Daming are strict enough, which failed to stop Chen Sheng, Guangwu, Huang Chao and Li Zicheng. 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". Don't today's "meat eaters" know? Cao Gui, an ancient man in China, said, "Carnivores are contemptuous, but they can't be farsighted". Li Mu, a poet in the Tang Dynasty, said: "Future generations mourn it without learning it, and it also makes future generations mourn it again."

"Arrears of wages" 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 China, many new problems will be encountered in various fields, and more and more new things will appear. When we haven't figured out the essence of the problem and the development trend of things, it will undoubtedly make the situation worse if we ban and exclude all these problems and things. We should guide them reasonably and put the interference factors in.

The Criminal Law Amendment (VIII) stipulates that:

Evading payment of laborers' remuneration by transferring property or escaping. Or fails to pay laborers' remuneration when the amount is relatively large, which constitutes the crime of malicious unpaid wages, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be 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 directly responsible person in charge and other directly responsible personnel 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 deterrent effect on bosses who still have some funds, but it has little effect on poor bosses who are heavily in debt. Their dead pigs are not afraid of rising water and scalding. If they want to be sentenced, they will be sentenced. If they want money, they will get nothing.

Recommended black and white salary 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 labor contract and state regulations, 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 workers are infringed, they have the right to ask the relevant departments to deal with them 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 a few comrades-in-arms 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, "A comet hits the moon when it kills Liao Wang; Nie Zhengzhi stabbed Han Yu and Bai Hongguan; If you want to leave a thorn, Cang ying will hit the temple. These three sons, all dressed in cloth, are not angry, so they do not invade the heaven, and they are four ministers. The scholar was angry, buried two people, bled for five steps, and the world died. (larger foe) The same is true today. The king of Qin stood up with a sword, scratched his face, knelt for a long time, thanked him and said, "Sir, please sit down! What about this! Just paying you. "

Respondents' comments: Black and white solutions have their own advantages and disadvantages. The advantage of Bai's scheme is safety, but the disadvantage 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 it 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, and there is nothing better. If not, 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 sound law, it is "barrier-free" to solve the problem of wage arrears, but the cruel reality is that malicious wage arrears are universal and malicious wage arrears are "individual". It is reported that since the "malicious arrears of wages", 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"; Unpaid wages are "very full" and asking for wages is "very skinny".

Some people point out that the difficulty in obtaining evidence and poor legal operability are the main reasons for the difficulty in incriminating unpaid wages. Many projects are subcontracted at different levels, and it is difficult to investigate the main body after the dispute of wage arrears for migrant workers occurs. Coupled with the complicated procedures, 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, difficulty in defending rights and "difficulty in enforcement", the just power of the law will be reduced, and malicious arrears will flood 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 full 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.