Some migrant workers' brothers have worked hard for a year or even years, but their wages are pitiful, and even they are in arrears for many years. Sometimes because migrant workers can't give evidence in time and effectively, even if it is reasonable, they can't get legal support because of the lack of effective evidence. The most important thing in law is evidence, which is not considered reasonable by ordinary people, but legal, and unreasonable is not necessarily illegal. Once migrant workers can't get their money back through various channels, it may be the last and most effective means to defend their rights through legal channels, but only if they can explain the ins and outs of unpaid wages and the specific reasons, and provide corresponding legal and effective evidence. In practice, some migrant workers lack legal awareness and evidence awareness. They often verbally agree with others how much work to give and then go to work. When it's over, you need money. After procrastination, even the contractor can't be found. After the prosecution, due to insufficient evidence or insufficient evidence, they can't get their money back, and they can't get the full amount back. Common evidences include: labor contract, labor contract, employment contract, daily work record, communication record, meeting record, work punch record, WeChat record, recording record, etc. The more complete the evidence, the more likely it is to get the money back. Be aware of evidence at all times, and take evidence at any time from the beginning of work. This evidence is the key to determine whether you can get your money back in the future.

Second, understand the reasons for unpaid wages

On the basis of doing the first point above, the second point is to understand the real reason of unpaid wages, because it is related to who to ask for money, what means to ask for money, and whether it can be repaid in the end. The reason for wage arrears is sometimes the employer's intentional default, sometimes the contractor's intentional default, and sometimes it does not meet the payment conditions. It is necessary to combine the existing evidence, identify the object, method and key points of asking for money, and analyze the most appropriate and effective salary-seeking method and alternative scheme, so as to face the key units and people directly, truly solve the key problems and pay back the money as soon as possible. Remember not to listen to hearsay or be incited by others to make trouble, commit illegal acts or even turn into events that disturb social order, which will not help solve the problem. In the end, you are still affected, and you are also the one with a record of breaking the law, but you will eventually return to the road of solving practical problems.

Three, combined with the evidence and the reasons for unpaid wages, comprehensive consideration to choose the most effective way of recovery.

Common ways to ask for salary are: telephone or face-to-face dunning, letters and visits, media exposure, reporting, prosecution and so on. For the unpaid wages that are difficult to solve through normal channels, keep a good telephone communication recording or face-to-face evidence collection, and timely collect them through reporting and media exposure.

Method 1. You can report the unit's arrears of wages to the labor inspection brigade of the local social security department, which is the most convenient, fast and lowest-cost way to protect rights.

Method 2: For details, you can report to the higher authorities of the project owner or call the local citizen hotspot 12345. Mode 3: It can be exposed through Weibo, media and other platforms or media to protect workers' rights.

Method 4: If you are in arrears with your salary, you can apply to the local labor arbitration committee for labor arbitration or apply to the court for a payment order. If you owe money for services or projects, you can bring a lawsuit to the people's court.

Method 5: Through letters and visits, we must pay attention to the relevant provisions of the Regulations on Letters and Visits in People's Republic of China (PRC), petition according to legal procedures, and don't make trouble in government organs, otherwise it may violate the law and even involve criminal responsibility.

Remember not to gather people to make noise or disturb social order by pulling banners or blocking traffic. Otherwise, you will be criticized and educated by the police, or detained by the administration, and the serious consequences may involve criminal responsibility.

Fourth, don't be impulsive, and protect rights in time through legal weapons when necessary.

Impulse will not help solve the problem, but will only pay higher processing costs and risks. We should solve the problem rationally and effectively. The methods mentioned in the third point above, such as dunning, letters and visits, media exposure, reporting and so on. , are indirectly put pressure on the debtor through non-legal means. If the arrears cannot be recovered through these channels, you can consider solving them through legal channels. The longer the delay, the lower the integrity of the evidence. In addition, the limitation of action should also be considered. The limitation of labor arbitration for unpaid wages is within 1 year from the date of termination of labor relations, if the employee has left his job. The limitation of action for unpaid project funds, labor fees and other normal settlement funds is three years, counting from the date when you know or should know the arrears.

Verb (abbreviation of verb) Special legal weapon: The actual construction party in a construction project can break through the relativity of the contract under certain conditions, and require the project owner (project tendering unit), general contractor (project winning unit), illegal subcontractor (subcontractor) and other subcontractors to bear joint and several payment responsibilities.

This situation is a special provision made by the state to protect the actual builder, which breaks through the principle of contract relativity stipulated by law to a certain extent (contract relativity refers to who has signed a contract with you, and you can only claim responsibility from anyone other than the contract), but it has its specific applicable conditions, and not all situations can be applied. This aspect is more complicated. In a few days, I will write a special summary in the article "How to choose the right litigant to recover the arrears in illegal subcontracting cases of construction projects", please pay attention to me.

A Special Legal Weapon of Intransitive Verbs: Regulations on Payment Security for Small and Medium-sized Enterprises

1. On July 6, 2020, the State Council issued the Regulations on Payment Guarantee for Small and Medium-sized Enterprises. It stipulates that organs and institutions should pay for goods, projects and services purchased from small and medium-sized enterprises within 30 days from the date of delivery of goods, projects and services; Unless otherwise agreed in the contract, the maximum payment period shall not exceed 60 days.

2, organs, institutions and large enterprises to postpone the inspection or acceptance, payment period from the agreed inspection or acceptance period expires. Organs, institutions and large enterprises that use non-cash payment methods such as commercial bills of exchange to pay for small and medium-sized enterprises shall make a clear and reasonable agreement in the contract, and shall not force small and medium-sized enterprises to accept non-cash payment methods such as commercial bills of exchange, or extend the payment period in disguise by using non-cash payment methods such as commercial bills of exchange.

3. Organs, institutions and large state-owned enterprises shall not use the audit results of audit institutions as the basis for settlement, except as otherwise stipulated in the contract or laws and administrative regulations.

4, organs, institutions and large enterprises in arrears to small and medium-sized enterprises, shall pay overdue interest. Where both parties have agreed on the overdue interest rate, the agreed interest rate shall not be lower than the quoted interest rate of 1 year loan market when the Contract is concluded; If there is no agreement, the overdue interest shall be paid at the daily interest rate of 0.5 ‰.

5. Identification criteria for small and medium-sized enterprises: subordinate units specified in the Regulation on Classification Criteria for Small and Medium-sized Enterprises jointly issued by the Ministry of Industry and Information Technology, the National Bureau of Statistics, the National Development and Reform Commission and the Ministry of Finance on June 8, 1965 (Ministry of Industry and Information Technology Lianqi [2065438+065438+0] No.300). For small and medium-sized enterprises, the Regulations on Guaranteed Payment for Small and Medium-sized Enterprises stipulates various specific measures and punishment consequences to ensure the collection of funds for small and medium-sized enterprises.

6. Complaints can be registered through the SME default arrears registration (complaint) platform.

You can pay attention to my account "Fa Tong Yan Shi" in Baijiahao, and there is an article "How to legally recover the wages owed to migrant workers" which specifically summarizes the specific problems in this regard.