In The Face Of Arrears, How Can Lawyers Teach You Rights?

Although labor security departments and trade union organizations at all levels have been increasing enforcement and service efforts for many years, the incidence of arrears of wages for migrant workers has occurred frequently due to various reasons at the end of the year.

Then, in the face of arrears of wages, how to rationally deal with problems, choose the right measures and measures, and effectively protect their rights and interests according to law?

It is reasonable to reflect the problem.

"A lot of migrant workers are asking for help when they ask for help. The data often do not get the full recognition of their employers. In fact, they are also estimated by themselves.

For example, probably owed me more than 3000 yuan, estimated that five thousand yuan did not give me.

Liu Xianjun, a lawyer who frequently acts on behalf of migrant workers' rights protection cases, said: "as long as both sides are willing, accounts are not difficult.

Once the dispute arises between the two sides, the coordination of matters will be cumbersome and even the way to apply for arbitration or civil prosecution can solve this problem.

When the wages are unavoidable, as a weak friend of migrant workers, we should first grasp the data on arrears of wages clearly.

When you seek help, it is better to have evidence such as ious or wage settlement.

Otherwise, it will increase unnecessary pay for pay increase and even lead to "external biotechnology".

Liu also warned that, when reflecting problems to the departments concerned, effective labor contracts or labor contracts should be provided, as well as site entry cards, card punching certificates, work quality inspection sheets, check lists, workers' testimonies, colleagues testimony, etc., which can fully prove the basis of arrears of wages and promote the smooth solution of problems.

The way to get paid is polite and orderly. "When they look for relevant departments to reflect problems, they also add salt and vinegar to say that I am an unscrupulous boss and a black heart contractor."

A boss of a construction company named pan Ming Tong admitted that he had once experienced an arrears of wages for migrant workers. He said, "debt repayment is a natural thing. Sometimes we are also owing to being defaulted by Party A, and we are counting accounts and trying to solve them. They are anxious, they complain everywhere, and they are nonsense.

Very passive.

If I do not try to solve it, you will not complain too late. "

From the point of view of company bosses, Pan Mingtong reminds the vast number of peasant workers friends that when encountering arrears of wages, they should first reflect in accordance with the management procedures of enterprises and reflect them step by step in the enterprises, and try their best to pass them.

Solve problems in order to avoid negative impact on managers or enterprises because of their leapfrog behavior, and therefore affect the solution of problems.

Secondly, when reflecting the request to solve the problem, it should be calm, loyal to facts, not complaining or even swearing, and can not even attack the other's uncivilized words, or even resort to extreme ways to get paid.

In view of the way to pay for wages, Liu Xianjun lawyer pointed out that if the individual and the enterprise fail to negotiate, they can also request the trade union organizations of the enterprises to communicate with each other and negotiate and solve them. If it can not be solved smoothly, it will be reflected to the labor security supervision or labor arbitration departments.

In accordance with such procedures and methods, we should be courteous and courteous, and even if we are in company with the owners, no matter who will be considered to solve the problem honestly, it is not a matter of unwarranted rioting.

Safeguarding rights according to law must be effective and effective.

In the two ways of negotiation and complaint, the friends of migrant workers must firmly believe in the strength of the law and choose the arbitration or litigation path bravely to pay wages according to law.

If arbitration or litigation rights are chosen, he cautioned that the sooner the better.

If family life and financial difficulties are felt, if you feel that you can not help yourself, you should look for the assistance center of the local judicial or trade union as early as possible to reflect the situation and apply for legal aid.

According to the judicial interpretation of the Supreme Court, "the worker directly sued the people's court with evidence of wage arrears of the employer. If the claim does not involve other disputes in the labor relations, it shall be deemed to be in arrears of labor remuneration disputes and accepted in accordance with ordinary civil disputes."

Lawyer Liu Xianjun said that the limitation of action was two years and could not be arbitrated.

As for the situation with defective articles at hand, we should try to find the issuer of the article of defaulting to negotiate. If we can not find the issuer or refuse to repay the loan, we can directly sue for civil disputes or labor arbitration for the work units.

For the absence of IOUs, we should take the initiative to ask for an enterprise or related person to ask for ious or collect relevant evidence, and first solve the limitation of litigation or arbitration, and then use legal means to solve it.