From the beginning to the end of each year, there are many news about migrant workers being in arrears, so how to protect their legitimate rights and interests, and how to ask for salary is also a problem of concern to the whole society, so what should migrant workers do?
When there is no objection to the wage and the wage amount is clear, migrant workers can directly sue in the court or apply for payment order, and can also apply for administrative treatment in the labor department. When the amount of wages in arrears is disputed, migrant workers should apply to the labor dispute arbitration committee for arbitration.
How do migrant workers ask for wages when employers are in arrears?
1. When both parties of labor relations have no objection on whether to default the wages of migrant workers and the amount of wages is clear:
(1) The unit defaulted on the wages of migrant workers and issued a wage slip to them. At this time, migrant workers can bring a lawsuit or apply for a payment order to the court with jurisdiction with the IOU. When the court decision or payment order comes into effect, migrant workers can apply for court enforcement.
(2) Migrant workers who think the amount of wages in arrears is clear can apply to the local labor department for administrative treatment.
According to the provisions of Article 91 of the labor law, if the employing unit withholds or defaults the wages of the workers without any reason, the labor administrative department shall order it to pay the wage remuneration and economic compensation of the workers, and may order it to pay the compensation.
If the labor department makes an administrative decision according to law, and the employing unit neither brings an administrative lawsuit nor fulfills the administrative decision within the legal period, the labor department or migrant workers may apply to the court for compulsory execution within the legal period. When the two sides of labor relations have objections on whether to default wages and the amount, the administrative processing department shall inform the migrant workers to apply for labor dispute arbitration, and the administrative processing procedure shall be terminated.
2. If both parties of labor relations have any objection on whether they are in arrears with migrant workers' wages and the amount in arrears:
At this time, the relationship between the two parties is a labor dispute. Article 79 of the labor law stipulates that after the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of their own unit for mediation; if mediation fails and one of the parties requests arbitration, it may apply to the labor dispute arbitration committee for arbitration. If they are not satisfied with the arbitration award, they may file a lawsuit with the people's court. '
In the labor dispute cases, the labor dispute arbitration procedure is the pre procedure. Only those who are not satisfied with the arbitration award can bring a civil lawsuit to the court. After the labor dispute arbitration award is made, if the parties fail to file a civil lawsuit within the legal period, the migrant workers may apply to the court for enforcement of the labor dispute arbitration award. If a lawsuit is initiated, the court shall apply for compulsory execution after the judgment takes effect.