It is a big problem to owe wages to migrant workers now. Especially around the Spring Festival every year, there are always some local migrant workers who start to collectively ask their bosses for wages. Then do you know who to call for arrears of wages for migrant workers? This is very helpful to solve related problems. Next, Bian Xiao will give you a detailed introduction.
1. Who are you looking for in arrears with the wages of migrant workers?
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. According to the provisions of Article 30 of the Labor Contract Law, if the employer defaults 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.
3. The most effective way is to apply for labor arbitration directly to the local labor administrative department (no charge, no lawyer) and claim compensation from the unit through the award issued by labor arbitration. If you don't pay compensation, you can apply to the court for enforcement.
4. If the labor arbitration is not accepted or the arbitration is unfair, you can also bring a civil lawsuit to the court within 15 days and execute it directly through the court's judgment.
5. While claiming salary through the above channels, you can also ask the unit to pay you compensation according to the standard of more than 50% 100% of the payable amount according to the provisions of Article 85 of the Labor Contract Law.
Second, ways to protect the rights of migrant workers
After a labor dispute occurs between a laborer and an employer, it can be resolved through various procedures:
According to the provisions of the Labor Law, after a labor dispute occurs between a laborer and an employer, it can be resolved according to the following procedures:
(1) Both parties shall settle it through consultation. The two sides reached an agreement through consultation on a voluntary basis.
(2) Mediation procedure. If both parties are unwilling to negotiate on their own or fail to do so, they may voluntarily apply for mediation by the Enterprise Mediation Committee and consciously fulfill the agreement reached through mediation. If mediation fails, you can apply for arbitration. The parties may also directly apply for arbitration.
(3) complaints. Workers may complain to the labor security supervision agency when their rights and interests are infringed by the employing unit or illegal professional intermediary agencies.
According to the Labor Law, Labor Security Supervision Regulations and other regulations, any organization or individual has the right to report violations of labor security laws, regulations or rules to the administrative department of labor security.
The complainant may recommend a representative to complain about the collective complaint caused by the same cause. The complaint shall be made by the complainant to the administrative department of labor security. If it is really difficult to write a complaint document, you can make an oral complaint, which will be recorded by the labor security supervision agency and signed by the complainant.
(4) Administrative reconsideration. If a worker refuses to accept a specific administrative act made by the administrative department of labor security, he may apply for administrative reconsideration.
According to the provisions of the Administrative Reconsideration Law and the Administrative Procedure Law, citizens, legal persons or other organizations may apply for administrative reconsideration or bring an administrative lawsuit if they think that a specific administrative act made by an administrative organ or an institution with administrative functions infringes upon their legitimate rights and interests.
(5) Arbitration procedure. One or both parties may apply to the Arbitration Commission for arbitration. The arbitration tribunal shall mediate first. If mediation fails, an award shall be made. If one party fails to perform the effective arbitration conciliation statement or award, the other party may apply to the people's court for compulsory execution. This procedure is the pre-procedure for the people's court to handle labor disputes, that is to say, the people's court does not directly accept labor dispute cases without arbitration procedures.
(6) court proceedings. If a party refuses to accept the arbitration award, it may bring a lawsuit to the people's court as a defendant within 15 days from the date of receiving the arbitration award. The people's courts try cases in accordance with civil procedure, and the system of second instance and final adjudication is implemented. The court trial procedure is the final procedure to deal with labor disputes.
To sum up, migrant workers must not act impulsively when they encounter wage arrears. They can complain to the local labor inspection brigade, apply for labor arbitration or file a labor lawsuit. It is an effective way to get back one's legitimate wages through legal means. When necessary, you can also entrust a professional lawyer of this station to provide you with legal help.