In the case that the employer defaults on the farmer's wages, the laborer can first negotiate with the employer, and if the negotiation can not be resolved, then the following legal ways to solve the problem:?
I. Complain and report to the local labor security supervision agency;?
Second, to the local labor dispute arbitration committee to apply for arbitration, it should be noted that the labor dispute within one year from the date of occurrence of a written application to the labor dispute arbitration committee;?
Third, through the litigation route. This is divided into three cases:
1, for labor disputes, after labor arbitration, either party is not convinced, you can file a lawsuit to the court;
2, after arbitration, both parties have no difference, labor arbitration award came into effect, the employer does not implement, the workers can apply to the court for compulsory execution;
3, belonging to the category of labor arrears can be directly to the court to file a civil lawsuit.
3.
Extended information:
Legal basis: ?
Labor Dispute Mediation and Arbitration Law Article 9
If an employer violates state regulations by defaulting or failing to pay labor remuneration in full, or by defaulting on payment of medical fees for work-related injuries, or on payment of economic compensation or indemnification, the worker may file a complaint with the administrative department of labor, which shall deal with it in accordance with the law ?
Article 17 of the Regulations on Supervision of Labor Security
Investigations by the labor security administrative department into violations of labor security laws, regulations or rules shall be completed within 60 working days from the date of filing the case; if the situation is complicated, it may be extended for 30 working days with the approval of the head of the labor security administrative department.
Measures to solve the problem of non-payment of wages to migrant workers:
One, "legislation" should be the first. Although, at present, China has a clear legal provisions to safeguard the legitimate rights and interests of migrant workers, but these "rules and regulations" are not able to meet the needs of migrant workers to protect their rights. This is largely due to the rights and interests of migrant workers "can not afford to delay".
Therefore, the legislative department should be based on the actual situation of the rights of migrant workers, strengthen the legislation, on the basis of the normal rights of the legal basis for migrant workers to collect wages have a new provision, in order to minimize the cycle of this rights and procedures, so that the rights and interests of rural migrant workers to get the "high efficiency" to protect.
Second, "law enforcement" should be strict. In fact, from the central to local has established a relatively complete legal system for migrant workers to protect their rights, and since 2011, "malicious non-payment of wages" was written into the criminal law amendments, which for migrant workers to safeguard the legitimate rights and interests of the criminal law provides a guarantee. However, the reason why the problem of migrant workers' "wage claims" has persisted is that there is a lack of compliance with the law and a lack of strict law enforcement.
Three, the establishment of the court, public security, human society, housing construction, trade unions and other relevant departments of the long-term mechanism and linkage system, the formation of a solution to the problem of rural migrant workers "difficult to pay" the synergy of rural migrant workers' rights and interests to get "real" maintenance.
Baidu Encyclopedia - "The People's Republic of China **** and the State Labor Dispute Mediation and Arbitration Law"
People's Daily Online - Using the law to break through the rural migrant workers "difficult to collect wages "