Fortune Telling Collection - Fortune-telling birth date - What should the brick factory owner do if he defaults on the wages of migrant workers?
What should the brick factory owner do if he defaults on the wages of migrant workers?
1, workers can go to the local human resources and social security bureau to complain about labor inspection; Advantages: The method is simple. Disadvantages: law enforcement in some areas may not be very strong;
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. Advantages: In addition to wages, you can also advocate economic compensation and double wages. , and generally can be finally solved; Disadvantages: applying for labor arbitration is a labor lawsuit, which requires more procedures and professional guidance.
Second, if you work for an individual, it is not a labor relationship. The parties can directly go to court to sue the individual boss and demand payment of labor remuneration.
Article 85 of the Labor Contract Law stipulates that if the employing unit is under any of the following circumstances, the labor administrative department shall order it 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 employee according to the standard of more than 50% 100% of the payable amount:
(1) Failing to pay workers' remuneration in full and on time in accordance with the stipulations of the labor contract or the provisions of the state;
(2) Paying workers' wages below the local minimum wage standard;
(3) Arranging overtime without paying overtime;
(four) the dissolution or termination of the labor contract, not in accordance with the provisions of this law to pay economic compensation to the workers.
Article 2 of the Law on Mediation and Arbitration of Labor Disputes This Law is applicable to the following labor disputes between employers and employees in People's Republic of China (PRC):
(1) Disputes arising from the confirmation of labor relations;
(2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts;
(3) Disputes arising from delisting, dismissal, resignation or resignation;
(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;
(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;
Article 50 of the Labor Law shall be paid to the laborer himself on a monthly basis in the form of currency. The wages of workers shall not be deducted or delayed without reason.
"Interim Provisions on Payment of Wages" Article 18 Labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employing unit commits one of the following acts that infringe upon the legitimate rights and interests of workers, the labor administrative department shall order it to pay wages and economic compensation to the workers, and may order it to pay compensation:
(1) Deducting or delaying the wages of workers without reason;
(2) refusing to pay overtime wages to laborers;
(3) paying workers' wages below the local minimum wage standard.
The standards of economic compensation and compensation shall be implemented in accordance with the relevant provisions of the state.
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