1 thought on “What industries do migrant workers do? Will they be arrears?”
Ronnie
Migrant workers have been arrears of wages. They have always been a topic of social attention. At the end of the year, migrant workers have worked hard for a year but encountered arrears of wages. What should I do at this time? The farmers’ work is that the disadvantaged group has no money, no right, and no understanding of the law. What measures should be taken to recover the arrears of wages? The main working industries of migrant workers are concentrated in the fields of engineering construction, processing, manufacturing, and mining. Especially in the field of construction, illegal subcontracting, layers of subcontracting, and capital construction are more common. The contractor’s malicious arrears of engineering funds, or the contractor has difficulty in funding and run away. The party. It, migrant workers introduced the construction sites through fellow villagers and friends. They were arranged and distributed by the contractor. Generally, they would not sign labor contracts and buy insurance, that is, oral salary, work content, and so on. This has made it difficult for migrant workers to prove proof in the process of rights protection and increase the difficulty of pursuing wages. The blacklist system for arrears of wages The state established a “blacklist” system for the wages of migrant workers. For units that owe migrant workers’ wages, they may be included in the “blacklist”. The employers and relevant personnel who are included in the “blacklist” must not only be punished by the administrative penalty of the human and social administration. The “blacklist” information will also be pushed to the national credit information sharing platform. It stipulates that these illegal units and individuals shall implement joint disciplinary on government funding support, government procurement, bidding, production license, qualification review, financing loans, market access, tax discounts, and evaluation priority. The crime of refusal to pay for labor remuneration Is or individuals who have malicious wages or individuals may violate criminal crimes. “Criminal Law” one of Article 276: Escaping the labor remuneration of the workers or the ability to pay the labor remuneration without paying the worker’s labor remuneration by transferring property, escaping, etc. If the relevant departments are ordered to not pay for the payment, they will be imprisoned or detained for less than three years, and shall be punished or single; if they cause serious consequences, they will be imprisoned for three years and seven years and shall be punished. (1) The specific meaning of the labor remuneration of the workers The workers in accordance with the Labor Law of the People’s Republic of China and the Labor Contract Law of the People’s Republic of China Bonuses, allowances, subsidies, subsidies, salary compensation for working hours and wages paid under special circumstances. (2) The identification criteria for “escaping the labor remuneration of the employee with the method of transferring property, escape and other methods” 1, hidden property, malicious claims, fictional debt, false bankruptcy, false closing or other methods transferred in other methods to transfer in other methods , To dispose of property; 2, escaping, hiding; 3, hidden, destroyed or tampered with accounts, employee registers, salary payment records, attendance records, etc. Escape from paying for labor rewards in other ways. (3) The understanding of “larger amount” 1. Refusing to pay a worker for more than three months of labor remuneration and the amount is more than 5,000 to 2,000 yuan; 2 The labor remuneration of more than ten workers refuses to pay more than ten workers and the amount has accumulated from 30,000 to 100,000 yuan. (4) “If the relevant government departments are ordered to pay, they will not be paid” The document shall be rectified by the human resources and social security department or other relevant government departments in accordance with the law. After labor remuneration, it is still not paid within the specified period. However, there is evidence to prove that the perpetrators have a legitimate reason that they are unknown to pay or have not paid for labor remuneration in time. The actor to escape and cannot order the payment documents to him, the same family members who live in the same family, or the person who is in charge of the receipt. If the payment documents are ordered to order payment, and the recording of photos, videos and other methods shall be regarded as “ordering by relevant government departments.” The labor remuneration of labor rejection has not yet caused serious consequences. If the labor compensation is paid before the criminal case, and the corresponding compensation liability is assumed in accordance with the law Crime; if the labor remuneration pays the workers before the public prosecution, and shall bear the corresponding compensation responsibilities in accordance with the law, it may be alleviated or exempted from criminal punishment; if the labor compensation is paid before the first trial, and the corresponding compensation liability shall be liable according to law, it may be lightly liability for liability. Penalty. “Causes serious consequences” refers to the standard that reaches a large amount, and at the same time meets the following situations: 1. Impact and major illnesses cannot be treated or missed in time; 2. For workers who require labor compensation to use violence or threatened violence; 3, causing other serious consequences. The rights of rights 1. The labor law enforcement supervision brigade where employers or employment are located complained that they will supervise and inspect the employers in accordance with the “Labor Security Supervision Regulations” and order them to pay arrears. 2. Apply for labor arbitration in the local labor administrative department, and claim the unit through a ruling issued by labor arbitration. If you do not pay, you can apply for the court forced execution. 3. If the labor arbitration is not accepted or arbitration is not public, it can also file a civil lawsuit to the court within 15 days and implement it directly through the court’s judgment. Those who have difficulty in the economy of migrant workers, those who have no money to entrust their agents can apply for legal aid from the local legal aid agencies. If the litigation fee cannot be paid for a while, you can apply for judicial assistance from the court. Judicial assistance includes the cost of slowing, reduced or exempt litigation. In conclusion The farmers’ work is an important part of a city construction. It is the most bitter and tired job, drifts outside, stays away from his hometown and loved ones, and only they can understand themselves. It is hoped that the state will continue to strengthen the protection of the rights and interests of migrant workers, strengthen legislation and law enforcement, and prevent and stop wages in arrears of migrant workers from the source.
Migrant workers have been arrears of wages. They have always been a topic of social attention. At the end of the year, migrant workers have worked hard for a year but encountered arrears of wages. What should I do at this time? The farmers’ work is that the disadvantaged group has no money, no right, and no understanding of the law. What measures should be taken to recover the arrears of wages?
The main working industries of migrant workers are concentrated in the fields of engineering construction, processing, manufacturing, and mining. Especially in the field of construction, illegal subcontracting, layers of subcontracting, and capital construction are more common. The contractor’s malicious arrears of engineering funds, or the contractor has difficulty in funding and run away. The party.
It, migrant workers introduced the construction sites through fellow villagers and friends. They were arranged and distributed by the contractor. Generally, they would not sign labor contracts and buy insurance, that is, oral salary, work content, and so on. This has made it difficult for migrant workers to prove proof in the process of rights protection and increase the difficulty of pursuing wages.
The blacklist system for arrears of wages
The state established a “blacklist” system for the wages of migrant workers. For units that owe migrant workers’ wages, they may be included in the “blacklist”.
The employers and relevant personnel who are included in the “blacklist” must not only be punished by the administrative penalty of the human and social administration. The “blacklist” information will also be pushed to the national credit information sharing platform. It stipulates that these illegal units and individuals shall implement joint disciplinary on government funding support, government procurement, bidding, production license, qualification review, financing loans, market access, tax discounts, and evaluation priority.
The crime of refusal to pay for labor remuneration
Is or individuals who have malicious wages or individuals may violate criminal crimes.
“Criminal Law” one of Article 276: Escaping the labor remuneration of the workers or the ability to pay the labor remuneration without paying the worker’s labor remuneration by transferring property, escaping, etc. If the relevant departments are ordered to not pay for the payment, they will be imprisoned or detained for less than three years, and shall be punished or single; if they cause serious consequences, they will be imprisoned for three years and seven years and shall be punished.
(1) The specific meaning of the labor remuneration of the workers
The workers in accordance with the Labor Law of the People’s Republic of China and the Labor Contract Law of the People’s Republic of China Bonuses, allowances, subsidies, subsidies, salary compensation for working hours and wages paid under special circumstances.
(2) The identification criteria for “escaping the labor remuneration of the employee with the method of transferring property, escape and other methods”
1, hidden property, malicious claims, fictional debt, false bankruptcy, false closing or other methods transferred in other methods to transfer in other methods , To dispose of property;
2, escaping, hiding;
3, hidden, destroyed or tampered with accounts, employee registers, salary payment records, attendance records, etc. Escape from paying for labor rewards in other ways.
(3) The understanding of “larger amount”
1. Refusing to pay a worker for more than three months of labor remuneration and the amount is more than 5,000 to 2,000 yuan;
2 The labor remuneration of more than ten workers refuses to pay more than ten workers and the amount has accumulated from 30,000 to 100,000 yuan.
(4) “If the relevant government departments are ordered to pay, they will not be paid”
The document shall be rectified by the human resources and social security department or other relevant government departments in accordance with the law. After labor remuneration, it is still not paid within the specified period. However, there is evidence to prove that the perpetrators have a legitimate reason that they are unknown to pay or have not paid for labor remuneration in time.
The actor to escape and cannot order the payment documents to him, the same family members who live in the same family, or the person who is in charge of the receipt. If the payment documents are ordered to order payment, and the recording of photos, videos and other methods shall be regarded as “ordering by relevant government departments.”
The labor remuneration of labor rejection has not yet caused serious consequences. If the labor compensation is paid before the criminal case, and the corresponding compensation liability is assumed in accordance with the law Crime; if the labor remuneration pays the workers before the public prosecution, and shall bear the corresponding compensation responsibilities in accordance with the law, it may be alleviated or exempted from criminal punishment; if the labor compensation is paid before the first trial, and the corresponding compensation liability shall be liable according to law, it may be lightly liability for liability. Penalty.
“Causes serious consequences” refers to the standard that reaches a large amount, and at the same time meets the following situations:
1. Impact and major illnesses cannot be treated or missed in time;
2. For workers who require labor compensation to use violence or threatened violence;
3, causing other serious consequences.
The rights of rights
1. The labor law enforcement supervision brigade where employers or employment are located complained that they will supervise and inspect the employers in accordance with the “Labor Security Supervision Regulations” and order them to pay arrears.
2. Apply for labor arbitration in the local labor administrative department, and claim the unit through a ruling issued by labor arbitration. If you do not pay, you can apply for the court forced execution.
3. If the labor arbitration is not accepted or arbitration is not public, it can also file a civil lawsuit to the court within 15 days and implement it directly through the court’s judgment. Those who have difficulty in the economy of migrant workers, those who have no money to entrust their agents can apply for legal aid from the local legal aid agencies. If the litigation fee cannot be paid for a while, you can apply for judicial assistance from the court. Judicial assistance includes the cost of slowing, reduced or exempt litigation.
In conclusion
The farmers’ work is an important part of a city construction. It is the most bitter and tired job, drifts outside, stays away from his hometown and loved ones, and only they can understand themselves. It is hoped that the state will continue to strengthen the protection of the rights and interests of migrant workers, strengthen legislation and law enforcement, and prevent and stop wages in arrears of migrant workers from the source.