If the employer is in arrears with the wages of the workers, the workers can demand payment in three ways:
1, workers can go to the local human resources and social security bureau to complain about labor inspection;
2. 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.
3. If there is an iou, you can directly sue to the court and demand payment of the wages in the iou.
Ways to protect rights of unpaid wages:
1. The easiest way is to complain by phone to the local labor law enforcement supervision brigade, which will supervise and inspect the employer according to the Labor Security Supervision Regulations and order it to pay the unpaid wages.
2. You can also apply to the local people's court for a payment order according to the provisions of Article 30 of the Labor Contract Law, and the people's court shall issue a payment order according to law.
Second, what should migrant workers do if they default on their wages?
(1) Calm and rational.
According to the Labor Law of People's Republic of China (PRC), workers have the right to receive remuneration, the right to submit labor disputes for settlement and other labor rights stipulated by law. The problem of wage arrears for migrant workers has aroused the concern of the whole society and received great attention from the central government. Relevant state departments are taking relevant measures to solve this problem, so we should keep a cool head and deal with things rationally.
(2) Learn to use the law to safeguard rights.
If you are in arrears with your salary, you can report it to the local labor law enforcement department, and the law enforcement inspectors of the labor department will help coordinate and solve it; 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 pay the legal fees, 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.
(3) 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.
The above is the answer to the question "What should I do if the wages of migrant workers are in arrears, and how to protect the rights of those who are in arrears". We can know that the employer owes wages to the workers, and the workers can demand payment in three ways. If you want to know more about other legal knowledge, we also provide professional online consulting services for lawyers. You are welcome to consult again.
Tips:
The Civil Code came into force on 202 1 1, and the Marriage Law, Inheritance Law, General Principles of Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law and General Principles of Civil Law were abolished at the same time. If it involves other issues stipulated by the civil law #