I am at the construction site of Huajin Gas Power Plant in Liulin County, Luliang District, Shanxi Province. The construction boss has been in arrears with the wages of the workers and has not given m
I am at the construction site of Huajin Gas Power Plant in Liulin County, Luliang District, Shanxi Province. The construction boss has been in arrears with the wages of the workers and has not given me money.
Wages should be paid in full every month. According to the relevant provisions of the Regulations on Labor Security Supervision, the labor inspection brigade of the Labor and Social Security Bureau will require enterprises to pay wages within the specified time. If wages are not paid within the time limit, compensation shall be paid to the workers according to the standard of more than 50% 1 times of the payable amount. The company doesn't buy social security for employees, the same. (Note: 1 10 There is a social stability department to deal with wage arrears, but it seems that there is no such department. ) It is recommended to talk to the other party first. If negotiation fails, collect relevant evidence and apply for labor arbitration (or call the hotline of trade union workers' rights protection). If the labor arbitration is not accepted or unfair, you can bring a lawsuit to the court free of charge within 15 days and apply for a payment order (seemingly). Migrant workers can find the fast track of migrant workers' rights protection opened by the court, which is now available in courts at all levels in some provinces; Or find a migrant worker rights protection center. It is very important to obtain evidence, such as mobile phone recording, colleague testimony, labor contract, payroll, company roster, work permit, access card, meal card, attendance card, work clothes, reimbursement documents, various documents signed by company leaders, and all other matters that non-company employees cannot know. When you need evidence, pretend to talk to the other party about it, record and collect evidence, and it is best if you can sign an iou. Usually make a phone call, use the speaker function of the mobile phone to record the phone call. Generally no colleagues are willing to testify. You can make them pretend to ask them to testify, and then record the conversation, and the evidence should be seated accordingly. Remember to record clearly. Many times, we think that we can successfully complete the recording by pressing the record key, but we don't know that there is no recording or it is very vague for various reasons, such as the keyboard is unlocked after pressing the record key and then accidentally touching other keys, or the sound is blurred because the mobile phone is hidden in the bag or other hidden places. In short, make sure that the location of the mobile phone can be clearly recorded. Try the recording function of the mobile phone more often to know when the recording is clear; I have recorded it many times, and I don't know most of the time. Almost everywhere has a mayor's hotline (online search). There is a mayor's mailbox on the local government website. You can complain to the mayor, or report to other leaders, and then you can't report the exposure to the TV station. Almost all the questions you want to know have answers online. If you don't understand, you can search on Baidu. I hope my answer can help you. The minimum wage stipulates that wages should be paid in full every month. The wages paid by the enterprise shall not be lower than the local minimum wage, and the monthly deduction of wages shall not exceed 20%, and shall not be lower than the minimum wage after deduction. According to the law, working hours are divided into three types: standard working hours, comprehensive working hours and irregular working hours. Standard working hours: five days and eight hours; Overtime is overtime, and the overtime pay is 0.5 times from Monday to Friday/kloc-0, 2 times on Saturday and Sunday, and 3 times on national legal holidays. Comprehensive working hours: the total working hours are the same as the standard working hours, but you can work continuously for more than 8 hours every day, and then take a concentrated vacation. Overtime pay is 1.5 times, which is 3 times of national statutory holidays. As the name implies, irregular working hours are not fixed, but the approval is very strict. Enterprises should adhere to the principle of voluntariness and not harming the health of employees when arranging overtime work for employees. Enterprises shall not force or coerce employees to work overtime for any reason. Workers have the right to refuse to work overtime in violation of these regulations. Overtime after work shall not exceed four hours at a time, and the cumulative overtime time of each employee shall not exceed forty-eight hours per month. If an enterprise really needs each employee to work overtime for more than 48 hours per month, it shall obtain the consent of the employees and the trade union of the enterprise, and report to the labor administrative department where the enterprise is located for the record. Employees have the right to ask for compensatory time off or receive overtime pay after working overtime. If an enterprise arranges employees to work overtime in violation of regulations, the labor administrative department shall order it to make corrections, and the enterprise shall pay the employees overtime wages due. If the company fails to conclude a labor contract with its employees within one month, it shall pay double wages. Article 9 of the Labor Contract Law of People's Republic of China (PRC) * * * The employing unit shall not detain the employee's resident identity card and other documents, and shall not require the employee to provide a guarantee or collect property from the employee in other names. When concluding a labor contract with an employee, the employer shall not collect a deposit, security deposit or mortgage payment from the employee in any form. Article 84 Where an employing unit, in violation of the provisions of this Law, collects property from laborers by way of guarantee or other names, the labor administrative department shall order it to be returned to the laborers within a time limit and impose a fine of not less than 500 yuan but not more than 2,000 yuan per person; If it causes damage to workers, it shall be liable for compensation. Article 19 If the term of a labor contract is more than three months but less than one year, the probation period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months; The probation period of a labor contract with a fixed term of more than three years or without a fixed term shall not exceed six months. Article 20 The wages of workers during the probation period shall not be lower than 80% of the minimum wage of the same position in the unit or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located. Chapter IV Working Hours and Rest and Vacation Article 36 of People's Republic of China (PRC) Labor Law The state practices a working-hour system in which laborers work no more than eight hours a day and 44 hours a week on average. Article 37 Where laborers work by piece, the employing unit shall reasonably determine their labor quota and piece-rate wages according to the working hours system stipulated in Article 36 of this Law. Article 38 Minimum guarantee for rest days The employing unit shall ensure that workers have at least one day off every week. Article 39 Where the provisions of Articles 36 and 38 of this Law cannot be implemented due to the characteristics of production, other work and rest measures may be implemented with the approval of the labor administrative department. Article 40 Legal Holidays The employing unit shall arrange employees' holidays in accordance with the law during the following holidays: (1) New Year's Day; (2) Spring Festival; (3) International Labor Day; (4) National Day; (five) other holidays as prescribed by laws and regulations. Article 41 Restrictions on Extending Working Hours The employing unit may, due to the needs of production and operation, extend the working hours after consultation with the trade unions and laborers, generally not exceeding one hour per day; If it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed three hours a day and thirty-six hours a month under the condition of ensuring the health of the workers. Article 42 Under any of the following circumstances, the extension of working hours shall not be restricted by the provisions of Article 41 of this Law: (1) Natural disasters, accidents or other reasons threaten the life, health and property safety of workers and require emergency treatment; (two) production equipment, transportation lines, public facilities failure, affecting production and public interests, must be repaired in time; (3) Other circumstances stipulated by laws and administrative regulations. Article 44 In case of any of the following circumstances, the employer shall pay the remuneration higher than the wages of the workers' normal working hours according to the following standards: (1) If the workers are arranged to work overtime, they shall pay the remuneration not lower than 150% of the wages; (2) If workers are arranged to work on rest days but cannot be arranged for compensatory time off, they shall be paid a salary of not less than 200% of their wages; (3) If workers are arranged to work on legal holidays, they shall be paid no less than 300% of their wages. Article 45 The system of paid annual leave is implemented by the state. Workers who have worked continuously for more than one year are entitled to paid annual leave. Specific measures shall be formulated by the State Council. Chapter V Wages Article 50 The mode of payment of wages shall be paid to the laborers themselves on a monthly basis in the form of currency. The wages of workers shall not be deducted or delayed without reason. Fifty-first statutory holidays and funeral leave during the wage guarantee. During legal holidays, funeral leave and participation in social activities according to law, the employer shall pay wages according to law. Institutions must pay five insurances (endowment insurance, medical insurance, unemployment insurance, work injury insurance and maternity insurance) for their employees. & lt& lt Regulations of Guangzhou Municipality on Social Insurance >:> Chapter III Fund Raising and Management Article 8 Pension and medical insurance funds shall be jointly raised by the state, employers and laborers. Work injury, unemployment and maternity insurance funds are jointly raised by the state and employers, and individual workers do not pay. Article 10 Raising of social insurance fund: (1) Endowment insurance fund: The employer shall pay according to a certain proportion of the sum of the total payment wages and the living expenses of retirees (adjusted to a certain proportion of the total payment wages at a certain time); A certain proportion of wages paid by workers; Respectively included in the social pooling fund and individual account management; (2) Work-related injury insurance fund: according to the danger degree of different industries and the frequency of work-related injuries (including occupational poisoning), it is drawn according to a certain proportion of the total wages of the employer; (3) Unemployment insurance fund: paid according to a certain proportion of the average monthly salary of each person; (four) the proportion of medical and maternity insurance funds shall be formulated separately. Employers and workers who do not implement the management of total wages shall take the average monthly salary of each person in society as the collection base of social insurance funds. Eleventh payment of social insurance funds shall be paid by the enterprise in the management expenses; State organs, institutions and social organizations spend money from administrative or business expenses; Laborers are deducted from their personal wage income. Fourteenth closed enterprises should pay retirees and disabled workers a one-time five-year living expenses, living allowances and medical expenses to the social insurance fund agencies. Article 20 If the laborer reasonably moves to other areas, the social insurance fund handling agency shall handle the transfer formalities within 30 days from the date when the laborer applies; If it cannot be transferred, it shall be stored and preserved by the social insurance fund agency and paid to the employees in accordance with the regulations when they retire, or the employees themselves shall apply for a one-time withdrawal of their own endowment insurance premiums. Chapter IV Insurance Benefits Article 21 Laborers who meet one of the following conditions can enjoy basic old-age insurance benefits: (1) Those who have reached the statutory retirement age of the state, paid the old-age insurance fund and gone through retirement and pension formalities in accordance with regulations; Before the implementation of the individual payment system, the continuous length of service of employees is regarded as the payment period (the same below); (two) disability, illness, confirmed by the Municipal Medical Labor Appraisal Committee as a complete loss of labor ability, approved by the labor administrative department to retire early; (three) engaged in the provisions of the state can retire early, approved by the labor administrative department for early retirement pension procedures. Article 24 Laborers who meet one of the following conditions can enjoy the benefits of work-related injury insurance: (1) Those who have died at work as confirmed by the labor administrative department; (two) confirmed by the labor administrative department, and the municipal medical labor appraisal committee to assess the level of disability; (three) other confirmed by the labor administrative department, can enjoy the treatment of work-related injury insurance. Article 25 Work-related injury insurance benefits include funeral expenses for work-related death, one-time pension, pension for supporting immediate family members, medical expenses during work-related disability medical treatment, one-time disability compensation, disability pension and retirement expenses after leaving the company. Article 26 Laborers who meet one of the following conditions can enjoy unemployment insurance benefits: (1) The enterprise is declared bankrupt according to law; (2) The enterprise on the verge of bankruptcy is dissolved during the statutory rectification period; (3) The employing unit is dismissed due to its cancellation, closure or closure; (4) Termination or rescission of the labor contract according to law; (5) Being removed or dismissed according to law; (six) other provisions should enjoy unemployment insurance. Twenty-seventh unemployment insurance benefits includes unemployment benefits, medical subsidies and funeral expenses. Unemployment benefits and Medicaid can be enjoyed for no more than twenty-four months at a time. Twenty-eighth employees can enjoy medical insurance benefits when they are sick or injured. Twenty-ninth medical insurance is divided into large medical insurance funds, unit medical insurance transfers and personal accounts. Large medical insurance funds are managed by social insurance fund agencies in a unified way, and centralized transfers are used. It is mainly used for medical expenses incurred when employees and their immediate family members suffer from major diseases. The unit medical insurance transfer fund is entrusted by the social insurance fund agency to the employer for management. Mainly used for medical expenses of employees and their immediate family members. Personal account funds are withheld from employees' wage income and owned by employees, and used for medical expenses paid by employees when they are sick and seek medical treatment. If the personal account fund is overspent, I can apply to the employer for medical insurance adjustment fund subsidy when I really have difficulties. Chapter VI Legal Liability Article 37 If an employer and a laborer fail to pay the social insurance fund according to the date stipulated by the social insurance fund handling agency, the labor administrative department shall impose a daily overdue fine of 5 ‰ of the payable amount, and the overdue fine shall be incorporated into the social insurance fund. If the payment is still overdue for 30 days, in addition to ordering immediate payment, a fine of one to three times the social insurance fund payable shall be imposed, and the responsible person shall be held accountable.