Wages owed, violation of state laws and regulations, and very unethical, should be reported to the local government departments to report complaints, requesting the government to help solve the matter of wages owed
The national government now has a law clearly stipulates that "the withholding of wages is a violation of the law and crime, the withholding of more than five thousand dollars of wages belongs to the "the crime of refusing to pay labor remuneration", more than 30,000 yuan or more than ten people belong to serious crimes, serious to be sentenced to prison." , "Enterprises should sign labor agreement contracts and pay social insurance premiums (five insurance and one gold) to each wage earner (worker, migrant worker, employee, staff, etc.)", "Enterprises should pay wages directly to the migrant workers themselves, and it is strictly forbidden to pay wages to "contractors It is strictly forbidden to pay wages to "contractors" or other organizations and individuals who do not have the qualifications to be the main employers of migrant workers. Enterprises may entrust banks to pay the wages of migrant workers." In addition, enterprises must pay their workers' social security contributions and wages in full, as agreed, or else the government's law enforcement agencies will strictly penalize enterprises that violate the law. Private employers must also pay all labor remuneration and labor protection equipment and social insurance premiums "five insurance and one gold" in accordance with the laws of the state government and pay wages on time; if they violate the laws on wages and social insurance as well as the laws on labor remuneration and labor protection, the government will also strictly punish private employers who violate the law in accordance with the law. The government will also strictly punish private employers who violate the law.
1. According to the Social Insurance Law and the Regulations on the Management of Housing Provident Funds, enterprises must pay the full amount of "five insurance and one gold" to their workers (migrant workers, workers, employees, and all wage earners), i.e., old-age insurance, medical insurance, unemployment insurance, work-related injury insurance, maternity insurance, and housing provident funds. When an enterprise signs a contract with an employee, labor compensation and social insurance are all necessary terms of the labor contract.
2. Article 19, paragraph 4 of the Labor Contract Law stipulates that the probationary period shall be included in the term of the labor contract, which means that the enterprise must also pay social security for the workers during the probationary period.
3. According to the Social Insurance Law and the Labor Contract Law, employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law. It is the legal obligation of the employer to enroll workers in social insurance and pay social insurance premiums according to the law, and this obligation cannot be changed or abandoned by the employer and the workers through agreement.
The first step should be to negotiate a solution, you can directly find the legal representative of the enterprise, the owner of the enterprise, the financial department, the financial manager. Can negotiate the best solution, negotiation is not reasonable to the local government departments to report complaints denunciation (Labor Inspection Brigade, Labor Dispute Arbitration Commission, Human Resources and Social Security Bureau, Labor Arbitration Section of the Labor Bureau, the Administration for Industry and Commerce, the Construction Bureau, the Court, the Ministry of Supervision, 12345 complaint hotline, 12348 legal aid hotlines, can be, will get the help of the relevant government departments) Remember: there must be factual evidence, such as: agreements and contracts, audio and video recordings of wage arrears and wage claims, clock-in and clock-out records, video recordings of labor work, all kinds of written materials, WeChat text messages on the computer involving both sides of the number of wages and wage arrears and wage claims on all kinds of information, referrals, intermediaries, people who know the truth, references, and so on. As factual evidence.
Attached are the relevant legal provisions, you can refer to: Interim Measures for the Management of Wage Payment to Migrant Workers in the Construction Field
In order to regulate the payment of wages to migrant workers in the construction field, and to prevent and solve the problem of delinquency in payment of wages to migrant workers by enterprises in the construction industry, according to the "People's Republic of China*** and the State Labor Law", "Interim Provisions on the Payment of Wages" and other relevant provisions, to formulate the present Measures.
I. These Measures shall apply to construction enterprises (hereinafter referred to as enterprises) within the territory of the People's Republic of China and to migrant workers with whom they have formed labor relations. The enterprises in the construction industry referred to in these Measures are those engaged in the activities of new construction, expansion and alteration of civil engineering, building works, installation of lines and pipelines and equipment, and renovation works.
II. The administrative departments of labor and social security at or above the county level are responsible for the supervision and management of the payment of wages by enterprises, and the administrative departments of construction assist the administrative departments of labor and social security in supervising and inspecting the implementation of these Measures by enterprises.
Third, enterprises must pay the wages of rural migrant workers in strict accordance with the Labor Law, the Interim Provisions on the Payment of Wages and the Minimum Wage Regulations, and other relevant provisions, and shall not default on or withhold them.
Four, the enterprise shall, in accordance with the law, through collective bargaining or other forms of democratic consultation to formulate the internal wage payment methods, and inform all the migrant workers in the enterprise, and copy to the local administrative departments of labor and social security and the construction administrative department.
Fifth, the enterprise internal wage payment methods should include the following: payment items, payment standards, payment methods, payment cycles and dates, overtime wage calculation base, special circumstances of wage payment and other wage payment content.
Sixth, the enterprise should be based on the labor contract agreed upon wage standards for migrant workers and other content, in accordance with the collective contract signed in accordance with the law or the labor contract agreed upon the date of payment of wages on a monthly basis, and shall not be less than the local minimum wage standards. Specific payment methods can be specified by the enterprise combined with the characteristics of the construction industry in the internal wage payment methods.
VII, the enterprise shall pay wages directly to the migrant workers themselves, is strictly prohibited to the "contractor" or other organizations and individuals do not have the qualification of the main body of labor. Enterprises can entrust the bank to pay the wages of migrant workers.
Eight, the enterprise to pay the wages of migrant workers should be prepared wage payment form, truthfully record the payment unit, payment time, the payment object, the amount of payment and other wage payment, and save more than two years for inspection.
nine, the general contracting enterprises should labor subcontracting enterprises to supervise the payment of wages, urging them to pay the wages of migrant workers in accordance with the law.
Ten, the owner or the general contracting enterprise did not settle the contract with the construction contracting enterprise, resulting in the construction contracting enterprise owes the wages of migrant workers, by the owner or the general contracting enterprise first advance payment of wages owed to the migrant workers, the amount of wages advanced to the amount of unsettled construction work to the limit.
XI. If an enterprise owes wages to a migrant worker because it is owed money for the construction work, the amount of money recovered by the enterprise for the construction work that is owed shall be used to pay the wages of the migrant worker in arrears as a matter of priority.
Twelve, the general contracting enterprise shall not contract or subcontract the project to the organization or individual who does not have the qualification of the main body of labor, or shall bear the joint and several responsibility of clearing the arrears of wages.
Thirteen, the enterprise shall regularly and truthfully to the local labor and social security administrative departments and construction administrative departments to report the unit wage payment.
Fourteenth, enterprises in violation of the state wage payment provisions of default or withholding the wages of migrant workers, recorded in the credit file, and notify the relevant departments. The construction administrative department may, in accordance with the law, limit its market access, bidding qualifications and construction permits for new projects, and be punished accordingly.
XV. Enterprises shall pay the wage protection fund in accordance with the relevant regulations, and deposit it into the special account designated by the local government for advancing the outstanding wages of the migrant workers.
Sixteen, the migrant workers found that the enterprise has one of the following circumstances, the right to report to the labor and social security administrative departments: (a) failure to pay wages in accordance with the agreement; (b) the payment of wages lower than the local minimum wage standard; (c) arrears in payment of wages or withholding of wages; (d) non-payment of overtime wages; (e) infringement of the rights and interests of the wages and remuneration of other acts.
Seventeen, the labor and social security administrative departments at all levels in accordance with the law on enterprises to pay the wages of rural migrant workers to monitor the situation, and to deal with violations of the law. Enterprises shall truthfully report the situation and provide the necessary information and proof when accepting the supervision.
Eighteen, rural migrant workers and enterprises due to wage payment disputes, in accordance with the relevant provisions of the state labor dispute handling. For cases of wage disputes where the facts are clear and where failure to adjudicate in a timely manner will lead to difficulties in the lives of the migrant workers, as well as cases involving disputes over wages and benefits for migrant workers during work-related injuries and illnesses, the Arbitration Commission for Labor Disputes may adjudicate partially; if the enterprise does not implement part of the adjudication, the party concerned may apply to the people's court for compulsory execution in accordance with the law.
Nineteen, these measures shall come into force on the date of publication
(This was published in 2017)