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Find a complaint channel
The best way is to complain to the labor inspection brigade, which is a legal and effective way. After a general complaint, relevant personnel will come to verify the situation soon. As an individual, it is necessary to keep good evidence, such as attendance records, piece-rate wage records, performance records, etc., which will help to get the arrears of wages quickly.
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Defend rights according to law
If you are in arrears with wages, you can report to the local labor law enforcement department, and the law enforcement inspector of the labor department will help coordinate the solution. You can also apply for arbitration in local labor dispute arbitration institutions. If you are not satisfied with the arbitration, you can also bring a lawsuit to the people's court for compulsory execution. If you can't afford a lawsuit, you can also apply for a reduction or exemption of legal fees. In short, we should rely on the help of the government and the law to get the reward we deserve.
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Attach importance to legitimate rights and interests
Labor and social security departments require all localities to pay attention to protecting the legitimate rights and interests of migrant workers. Take enterprises' malicious arrears and deduction of migrant workers' wages as the focus of labor security supervision and law enforcement, severely investigate and punish illegal acts of deduction of migrant workers' wages according to law, and order employers to make up the arrears of wages and protect the legitimate rights and interests of migrant workers. It is understood that the labor department in Beijing has strengthened the supervision of labor law enforcement, especially for workers who are in arrears with farmers' wages.
These three ways help you get paid quickly!
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complain
Workers can go to the local human resources and social security bureau to complain about labor supervision. Advantages: The method is simple.
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Filing of award
You can apply to the labor dispute arbitration Committee of the local human resources and social security bureau for arbitration and demand payment of wages. If a labor contract is not signed, you can ask for double salary without signing a labor contract. If the termination of labor relations is based on unpaid wages, you can also ask for economic compensation. Advantages: In addition to wages, you can also advocate economic compensation and double wages. Generally, it can be finally solved.
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Court prosecution
If there is an iou, you can bring a lawsuit directly to the court to demand payment of the wages in the iou.
Article 50 of the Labor Law: Wages shall be paid to the workers themselves on a monthly basis in the form of money. The wages of workers shall not be deducted or delayed without reason.
At present, the state is strictly controlling the behavior of arrears of farmers' wages, and has also improved the relevant systems. If the unit does not want to be blacklisted by the state, it will pay all employees.
National laws and regulations on arrears of wages for migrant workers
Article 276th of the Criminal Law of People's Republic of China (PRC):
The crime of refusing to pay labor remuneration evades the payment of labor remuneration by transferring property or escaping. Or those who have the ability to pay but fail to pay labor remuneration, and the amount is relatively large, and still fail to pay after being ordered by the relevant government departments, 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.
The provisions of the latest laws and regulations on wage arrears for migrant workers are as follows:
Wages shall be paid on the date agreed in the labor contract. If the employer is in arrears with wages, it may complain to the labor inspection and apply for labor dispute arbitration. If it is in arrears, it may apply to the people's court for a payment order.
1. According to the provisions of Article 30 of the Labor Contract Law and Article 16 of the Labor Dispute Arbitration and Mediation Law, if the employing unit issues arrears of wages to the employees, the employees may directly apply to the people's court for a payment order.
2. According to Article 85 of the Labor Contract Law and Article 9 of the Labor Dispute Arbitration and Mediation Law, if the employer defaults or fails to pay the labor remuneration in full, it may complain to the labor inspection, which shall accept and order the employer to pay within a time limit; If it fails to pay within the time limit, it shall be ordered to pay compensation according to 50% to 100% of the default amount.
Complaints to the labor inspection can be made orally or in writing, and I need to submit my ID card and the evidence that the employer is in arrears with wages.