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    Footwear And Other Labor-Intensive Migrant Workers Are Struggling To Get Paid.

    2010/12/3 14:52:00 61

    Wage Arrears Of Migrant Workers

    No one can bear the fact that he can't get the money and go home without travelling expenses or even starving and freezing.

    The public hotline 66886688 recently received several arrears of wages.

    Complaint

    It reflects that workers can not get hard-earned money.

    It is perfectly natural to recover your salary.


    However, it is reasonable to ask for salary, but how to pay for it must also pay attention to strategy.

    In order to get the wages, individual workers took extreme measures, such as "road blocking show" and "jumping building show".


    However, the practice of "violence against violence" is not advisable.

    Then, how can we pay wages through the normal way and recover our own hard-earned money without violating the law and infringing upon the legitimate rights and interests of others?


      

    Fail to pay wages

    The worst hit area:


    Labor-intensive industries and construction industry


    According to the statistics of the labor and social security monitoring group, as of the end of November this year, the brigade handled 965 cases involving 2355 cases involving 10 million 920 thousand yuan.

    Footwear, clothing and other labor-intensive industries and construction industry are still the hardest hit areas in arrears of wages.


    According to Xu Dingheng, leader of the brigade, more than 90% of the salary problems in the construction field involve illegal subcontracting.

    A contractor

    Interwovenness.

    "Most construction industry contractors still have the phenomenon of subcontracting and subcontracting. They catch up with the construction enterprises' Arrears of wages" upstream ", and the result is that they are the head of the class, the underclass leader is the contractor, the project manager is the contractor, and the construction manager is the project manager.

    And the boss basically rarely pay wages, the main problem of arrears of wages on the contractor.

    Xu Dingheng introduced, "in such a" triangle debt "or even" multi angle debt ", the wages of migrant workers have become the last link of" serial debt ".

    Most of the enterprises pay their wages to contractors or workers. Before the project is settled, the peasant workers only receive basic living expenses.

    Once a link in the "iron chain" breaks, the end result is that migrant workers can not get paid in time.


    Case of salary negotiation


    If you have ious in your hand, tell you not to discuss it.


    In March of this year, Mr. Shang and 7 townships from Enshi, Hubei, followed a contractor named Wang to work at a construction site in our city.

    After 3 months, the contractor paid only a few hundred yuan per month for his living expenses, but his wages were delayed.

    In July this year, when Mr. Shang and others asked for money, they only got 100 yuan per person, and then there was no news of the contractor.

    Fortunately, Mr. Shang has hand signed ious on hand.


    Weapon: for the situation with ious at hand, it is suggested that Mr. Shang should first consult contractor.

    If there is no contractor or contractor who refuses to repay, Mr. Shang can directly sue a contractor or a construction company.


    No evidence in hand, it's a little hard to get paid.


    Pay for the event: Mr. Zhou in Dazhu, Sichuan, went to a shoe factory under the pond to make a film worker. After he finished his work, he could not find anyone to ask for money.

    According to Mr. Zhou, he has no employer's IOUS and no settlement sheet.

    "We are going to spend the new year, but we can't get money to go home. What do we do?" Mr. Zhou asked anxiously.


    Weapon: without any written material, it is very difficult to solve the problem of arrears of wages even through legal channels.

    We can only remind the workers again that we must sign a formal labor contract with the employer to keep the IOUS and the statement.


    No payment for two years.


    In 2006, an adornment company owed Mr. Li 77 thousand yuan in wages, and in early 2007, he made IOUS and built the company's financial seal.

    In October 2008, 20 thousand yuan was paid, and the arrears were still outstanding until 57 thousand yuan was owed on the original IOUs.


    Weapon: from written evidence, the article has been issued for nearly two years and is about to lose its statute of limitations.

    It is suggested that the other party should first pay a portion of the money and date it, so as to solve the limitation of action, and then use legal means to solve the remaining debts.


    Hire no pay, tell boss black heart.


    Pay for the event: a construction company frequently recruited, three or four months after the dismissal, but no wages.

    There were more than 20 workers in this situation, who had evidence in their hands but had no money to file a lawsuit and were afraid to prosecute.


    Weapon: bring the existing evidence and four or five parties to consult the law firm to see whether legal aid can be obtained.


    The staff of the municipal labor and social security supervision team reminded that in order to avoid paying wages, workers should pay attention to two points when they look for work hours: one is to find a regular enterprise with business license; two, after entering the enterprise, it is necessary to sign a labor contract within a month, pay the date of payment, and labor security.

    If it is piecework wage, we should ask the manufacturer to publicized the piece price and avoid labor disputes.


    It is reported that at the beginning of each year and at the end of the year, the labor department will remind workers that they should sign labor contracts or agreements with their employees.

    If the work cannot be cleared after completion, do not hesitate to ask the other party for ious or statement to retain the credentials.

    Once there is a dispute with the employing units, they should promptly complain to the departments concerned and earnestly safeguard their legitimate rights and interests.

    {page_break}


    There are many ways to get paid.


    What measures can be taken to safeguard their legitimate rights and interests when workers are in arrears?


    First, it is the first choice for workers to complain to the labor and social security department.

    Workers may use written, oral, telephone or email forms to report and claim rights to the labor department.

    In the case of collective complaints caused by the same matter, the complainant may select the representative to complain, and the representative is not more than 5.


    Migrant workers should submit complaint documents to the labor and social security supervision organs when they lodge complaints.

    If there is any difficulty in writing complaint documents, oral complaints may be made, and the personnel appointed by the labor and social security supervision institution shall make a record, and the complainant shall sign the record.


    The labor and social security supervision institution shall decide whether to accept the case within 5 working days from the date of receiving the complaint and file the case on the date of acceptance.


    City Labor Security complaints (report) telephone: 12333, 65006570, city labor security supervision team complaints (report) address: Ruian Economic Development Zone Customs building two floor.

    Migrant workers can also complain to the local labor and social security grassroots.


    Secondly, workers can apply for labor arbitration.

    The municipal labor dispute arbitration committee is a specialized institution dealing with labor disputes in our city.

    The arbitration committee shall appoint arbitrators or arbitral tribunals for the execution of labor dispute cases.


    Third, workers can sue for litigation, that is, litigation.

    Litigation is the final solution to labor disputes involving wage disputes.

    Generally speaking, labor disputes must be subject to labor arbitration. Arbitration is the precondition of litigation, that is, it can not be accepted without labor arbitration.

    However, the wage dispute case has its particularity, the parties may apply for arbitration, or may directly bring a lawsuit to the court in accordance with the general principles of the civil law and the civil procedure law.

    According to the general principles of civil law, wage disputes can be classified as civil "debt" relationships, which can be accepted by civil courts of the court.

    The court's decision is the final and most authoritative solution to the labor dispute case, including wage disputes.


    Extreme wage seeking behavior bears legal liability.


    In November 23rd of this year, two contractors from Anhui climbed up to the 20 storey tower crane boom of the Municipal People's hospital emergency complex because they could not get enough money to wage money.


    In the face of extreme wage seeking workers, 110, 119 and 120, as well as labor supervision departments, will quickly deploy to resolve the crisis.

    Rescuing these jumps is a responsibility that must be fulfilled by the above departments, but at the same time, those who commit suicide have caused great waste to the public resources and affected the normal working order of the relevant departments.


    There are often many onlookers on the scene of jumping off the building, which results in traffic congestion on the scene and even wider.

    When the traffic order is very tight, the police also need to deploy a large number of police to ease the traffic on the site.


    Fire officers and soldiers are indispensable protagonists for rescue operations.

    As long as there is a phenomenon of salary jumping, they must be rescued at the first time.


    The police station is also the main force involved in the rescue.

    They are responsible for persuading the parties and coordinating the arrears of wages.

    Often, a rescue operation takes three or four hours.


    There are 120 emergency personnel.

    They are at the scene, ready to deal with possible emergencies, and when the rescue activities are over, they will be able to leave.


    The relevant person in charge of the Municipal Public Security Bureau said that arrears of wages were illegal, and it was reasonable and lawful to recover arrears of wages from any point of view.

    However, in the extreme way of jumping off buildings and blocking roads, it has already been suspected of disturbing public order.

    Migrant workers should still maintain their legitimate rights and interests through regular channels or taking up legal weapons.


    Difficult way to get paid, let five people mixed up.


    The amount of wages paid by migrant workers is often not surprising.

    But for them, this may mean a ticket for home and a living allowance at home.

    No wonder, for this money, there are people who want to jump off buildings, those who have petitioners, and those who block roads.


    The extreme way to get paid is individual, but once this behavior occurs, a large amount of social and public resources will be wasted.

    Moreover, in the event of a slight loss of payroll, the outcome is no doubt sad.


    Nowadays, the problem of arrears of wages has aroused the attention of departments at all levels. Labor, public security and other departments have adopted various ways to safeguard the legitimate rights and interests of migrant workers.

    Migrant workers can fully use legal arm to recover their own wages.


    If every tall building in the city is covered with the sweat of hard work, then we should expect that the memories left by the city are no longer full of sadness.

    Hopefully, such a controversial issue like working and taking money will no longer become the focus of social concern.

    We hope that the workers can happily drink two cups with their boss before they set foot on their journey home.

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