Quanzhou Notified Wage Arrears To Protect Migrant Workers' Rights And Interests

The 2007 year supervision of migrant workers' rights and interests in Quanzhou for 2 days has ended. At present, 12 counties (cities and districts) in Quanzhou have set up a guarantee fund for arrears of wages.

Local governments and labor supervision departments should prepare for unexpected wage arrears, which will last until the eve of the lunar new year in February 6th.

On January 10th, 11 and two days, the Quanzhou municipal government organized 4 inspection teams led by the peasant workers' office, the labor and Social Security Bureau, the Construction Bureau and the agriculture department four departments, and went deep into 12 counties (cities and districts) under the jurisdiction of Quanzhou to supervise the protection of migrant workers' rights and interests.

Preliminary summary shows that Quanzhou's work of clearing up the wages of migrant workers has been widely regarded by governments in all parts of Quanzhou. At present, 12 counties (cities and districts) of Quanzhou have all established a guarantee fund for arrears of wages, of which Jinjiang's fund amounts to 10 million yuan. At the same time, all over the country have established a network of arrears, and the work of arrears has been normalized. The arrears of wages last year were less than 20 million yuan, compared with the total wages of migrant workers about 30 billion yuan, and the proportion was lower than the average level of the province.

The inspection found that the arrears of wages were not the focus of Quanzhou migrant workers' attention to their rights and interests, instead of the wage standard.

Field consultation and complaints show that migrant workers are more concerned about raising wage standards.

It is revealed that the minimum wage in Quanzhou will increase from 650 yuan to 800 yuan in July this year, with Anxi, Yongchun and Dehua raised to 710 yuan.

In addition to the above two characteristics, the inspection also found another two characteristics of the protection of the rights and interests of migrant workers in Quanzhou, that is, migrant workers have paid more attention to employment training and children's schooling. Among them, Jinjiang, a relatively concentrated migrant laborer, has invested 100 million yuan in recent years to improve education and meet the needs of migrant workers' children in school.

Case owner's arrears of wages on the run secretly sold the factory example source: Jinjiang Chen Dai Heng ban interview time: yesterday morning at noon yesterday morning, a piece of news in Chen Dai Heng shoal shoe factory exploded the pot: the boss sold the workshop, wages did not take place!

The workers were panic stricken, reporting to all levels of organizations in Jinjiang, and calling the relevant legal questions of hai DU legal master.

Mr. Li, a factory worker, said that the factory had been shut down for about half a month, but the boss was missing. So dozens of people were waiting in the factory.

"Unexpectedly, someone came to the factory yesterday morning and showed that the boss had sold the factory to him to drive the staff away.

We want to know if the new owner of the plant can catch us?

How can I ask my boss for a salary? "

Gong Wanbin, deputy director of the legal aid center of Feng Ze District, Quanzhou: the factory owner of Mr. Lee is in arrears with wages, and is a malicious wage arrears. His behavior of secretly selling a factory can be established as long as the procedures are legal and complete, and the buyer's behavior of driving the workers is not proper. He should wait for the wages to be settled, and the employees have already gone to another place to discuss again.

For this reason, there are two suggestions for liquidation: first, reporting the situation to the labor supervision department quickly, filing a lawsuit preservation application to the court, and asking for litigation preservation for the equipment and other things in the owner's factory, so as to ensure that the employee can be compensated for the arrears of wages after the boss absconded.

Second, apply for arbitration to the Jinjiang labor arbitration commission.

As the Spring Festival is drawing near, in order to enable employees to get paid wages before the festival, it is suggested that they should apply for starting the wage protection fund at the same time. After the amount of arrears is paid, they will be paid by the wage arrears fund, and then the court or the labour Arbitration Commission will make a judgment or arbitration, auction the equipment that has been preserved and so on, and return it to the wage arrears fund.

Q & amp; a promise to the labor bureau to pay wages. The boss regretted. Mr. Chen in Jinjiang: I was laid off by the company more than 1 months ago, and 3 months' wages were not given to me. Now they are going to ask for wages. They will not give it to me. What shall I do?

Gong Wanbin: you can apply for arbitration to the local labor arbitration department, and you can also ask the company to pay the financial compensation for being laid off because of layoffs.

Mr. Jinjiang Shi: I owe my boss more than 700 yuan in Jin Jing. When I went to the labor department, they called my boss in my face. He promised to give me money. But when I returned to the factory, the boss went back on his words. What should I do?

Gong Wanbin: it is recommended that you reflect to the Jinjiang Jin Jing labor security office, and allow them to intervene to give money on the spot.

If not, apply for arbitration of Jinjiang labor dispute arbitration committee.

In addition, it is suggested that the Labor Department of Jinjiang can follow up the phone service in the future when it calls to solve the problem of arrears of wages, so as to avoid similar incidents.

Mr. Yu Yu, Jinjiang: I have processed shoes for a shoe factory. Since last year, I have been owed more than 30 thousand yuan for wages and processing fees, and the other party has given me IOUs. I have reflected to the labor department that they do not care where I owe them.

Gong Wanbin: the labor department's practice is in line with the law, because you owe more than 30 thousand yuan, in fact, it should be a processing fee. The relationship between you and the shoe factory is processing contract relationship, not labor or employment relationship.

Contract disputes should be prosecuted in court according to law.

Mr. Zhong Nanan: I was introduced to a pig farm in Nanan as a driver in Jinjiang. I had been working for more than two months, but I didn't get paid. I called the employment agency and they hung up the phone.

Who do you want to pay for?

Gong Wanbin: this amount of arrears should be paid to pig farms. It can apply for arbitration to the Nanan Labor Arbitration Commission, but not to the employment agencies.

However, if the workplace is malicious collusion, it can report to the Labor Department of Jinjiang, and let the labor supervision department investigate and deal with it.

Mr. Yu Jinjiang: I signed a labor contract with my boss. Now the boss has broken the contract. Where do I get the penalty?

Gong Wanbin: the liability clause for breach of contract in the labor contract is an equal restriction on the two parties. Of course, the employer's breach of contract is liable for breach of contract. You can complain to the Jinjiang labor supervision team and ask them to investigate and deal with it.

Mr. Chen of Quanzhou: salary in December of last year will not be issued until February 2008. Is this considered a wage arrears?

Gong Wanbin: not at all.

State regulations require more than two months to calculate arrears of wages.

Jinjiang Mr. Liu: I have a long distance bus in Jinjiang, and I haven't signed a labor contract. I haven't got the salary for 3 months. What can I do?

Zhao Ping, deputy director of the Justice Bureau of Feng Ze District: you are a factual labor relationship. First of all, it is wrong to sign a labor contract, no matter whether you are the boss or not.

If you are still driving at that company, you may request arbitration from the Jinjiang labor arbitration commission. If you have left the company, you should apply for arbitration within 60 days of the last month, which is used to prove the labor relationship. It can be a payroll, a badge or a temporary residence permit.

Candidate consultant Gong Wanbin {27}, deputy director and lawyer of Quanzhou City Legal Aid Center, Feng Ze District, Quanzhou.

Be familiar with labor contract, personal injury compensation and other legal matters.

Don't forget to ask for financial compensation. Mr. Chen, Jinjiang, was relieved of his labor contract in the company's layoffs. He only thought of getting his wages back, but he didn't expect that he could ask the company for financial compensation in accordance with the law.

It is not only Mr. Chen who has forgotten that he still has this right. In many years of legal aid practice, most migrant workers have this phenomenon of "Oblivion" when they are relieved of their labor relations (layoffs and dismissal) by employers.

The labor law of China stipulates that the employer can not terminate the labor contract with the employee at will, and clearly points out that "the dissolution of the labor contract shall comply with the relevant provisions and pay the economic compensation to the labourers according to law".

If the compensation standard is not specified in the contract, it should generally be compensated by one month's wage standard. If it is piecework wage, that is, it will be compensated according to the monthly average wage or the last month's salary.

When a migrant worker is resigned or layoffs, he can apply for compensation for labor disputes when he applies for compensation. He can also make a claim for compensation when he sued the court.

Related news, 11 wage arrears were announced recently. The labor and Social Security Bureau of Quanzhou issued a document to inform the 11 employers in 2007 of the second half of the year that they seriously violated labor security laws and regulations.

It is understood that the 11 household units that were notified included 4 in the Licheng District, 3 in Jinjiang, 3 in Nanan, and 1 from the Shanxi.

Of these, 3 of the family members were unlicensed.

These 11 are: 1. Quanzhou Yuan Li arts and Crafts Co., Ltd.

In arrears of 65 workers 9~11 months salary 143189 yuan, by the labor dispute arbitration committee of the Carl City arbitration, Licheng District Court seized the company, has been paid wages.

2. Quanzhou an run sports goods Co., Ltd.

Licheng district labor dispute arbitration committee ruled that the company should pay 163 workers 3 months salary 632394 yuan.

The workers have applied to the people's court for compulsory execution.

3. Licheng District Ben Da shoe factory (no business license).

Arrears of 160 workers 3 months salary nearly 520 thousand yuan, handled by the District People's government and the court, has already realized 80% of the wages.

4. Fujian Jinjiang Chai Tai Suchu overseas Chinese fashion shoe factory.

The arrears of 305 managers and workers in the factory amounted to 2016914.82 yuan, and the people's Government of Chen Dai town first paid 40% of the workers' wages. The balance was paid by the Jinjiang Municipal People's court to auction the company's property and cash the workers' wages.

5. Quanzhou Fu Chao Shoes Co., Ltd.

The remaining salary of 258 managers and workers in arrears was 809238 yuan, and the 30% people's wages were paid by the people's Government of Chi Dian town. The balance was cash in the sale of the company's property.

6. Jinjiang Chen Tai wonderful shoes industry Co., Ltd.

The remaining salary of 47 managers and workers in arrears was 360619 yuan.

After the joint handling of the Jinjiang municipal labor and Social Security Bureau, the people's court and the Chen Dai Town People's government, the wages have been paid.

7. Fujian Jinjiang Daxin shoes Plastic Co., Ltd.

Jinjiang labor dispute arbitration committee ruled that the company should pay 45 yuan in arrears of wages of 281384.21 yuan.

Handled jointly by the Jinjiang labor and Social Security Bureau, the people's court and the Chen Dai Town People's government.

8. Fujian Nanan special Clothing Co., Ltd.

Nanan labor dispute arbitration committee arbitration according to law, ruling that the company should pay arrears of 163 workers 3 months salary total 439473 yuan.

The workers have applied to the people's court for compulsory execution.

9. Nanan Rodong Xingda knitting factory.

In arrears of 79 workers, 5 months' wages amounted to 220955 yuan, and the labor dispute arbitration committee of Nanan city was arbitred according to law. The workers have applied for enforcement to the people's court.

10. Nanan honglai Shun Shun craft factory.

In arrears of 109 workers, 4 months' wages amounted to 358252.60 yuan.

The labor dispute arbitration committee of Nanan city has arbitration according to law, and the workers have applied to the people's court for compulsory execution.

11. Shanxi Huatai Construction Engineering Co., Ltd.

In arrears, more than 10 teams and 200 migrant workers are paid 8 months' wages.

Anxi County Bureau of labor and social security, planning and Construction Bureau