In some industries, workers may experience non-payment of wages by private contractors, which has a serious impact on workers' livelihoods and rights. Faced with this situation, workers can take some measures to protect their legitimate rights and interests. This article will explain what to do if a worker is owed money by a private contractor.
Netizen consultation:
What should I do if a worker is owed money by a private contractor?
Lawyer answers:
Workers who are owed money by private contractors are handled as follows:
1. Complain to the labor inspection brigade. If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with law
2. Labor arbitration. In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, or if they are unwilling to mediate, fail to mediate, or fail to perform after reaching a mediation agreement, they may apply to the labor dispute arbitration commission for arbitration;If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court;
3. Filing a lawsuit with the court. If the worker has an IOU, he may file a civil lawsuit with the court with his ID card, household registration book, IOU, complaint and a copy, and if the court orders the employer to pay the arrears, but the employer still fails to pay, the worker may apply to the court for compulsory enforcement within two years after the expiration of the time limit specified in the judgment
4. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
The prosecution process for non-payment of money owed is as follows:
1. To determine the competent court, the primary question to be determined before filing a lawsuit is which court to file a lawsuit to. The plaintiff may file a lawsuit in the people's court at the defendant's domicile, and if the defendant's domicile is inconsistent with the defendant's habitual residence, file a lawsuit with the people's court at the place of habitual residence;
2. Write a complaint, and the civil complaint shall contain the following contents:
1) The basic information of the plaintiff and the defendant, where the plaintiff clearly knows that the defendant's whereabouts are unknown, the plaintiff shall indicate the circumstances in the complaint, and provide the defendant's information and original household registration as much as possible;
2) The content of the litigation claim shall be specific and clear, and if it is a payment, the type and quantity shall be indicated;If it is an act of payment, it shall be stated as to what is or is not to be done;
3) The facts and reasons are the evidence and support of the plaintiff in the civil litigation for his claim;
4) Signature and time, signed or stamped by the plaintiff, and signed at the time.
3. Organize evidence;
4. File a case, that is, submit a complaint and provide evidence to the court where the jurisdiction is located;
5. For fee payment, the parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receipt of the notice of acceptance
6. After waiting for the trial judgment and filing procedures, the case will be scheduled by the court, and the parties shall obey the court's work arrangements
7. To apply for compulsory enforcement, after the judgment takes effect, the performance period determined in the judgment expires, and the other party still does not give you all the money, you can apply to the court for compulsory enforcement.
[Legal basis].
Civil Procedure Law of the People's Republic of China
Article 214:Where a creditor requests the debtor to pay money or valuables, it may apply to the basic people's court with jurisdiction for a payment order if the following conditions are met: (1) The creditor and the debtor have no other debt disputes;(2) The payment order can be served on the debtor. The application shall clearly state the amount of money or valuable ** requested and the facts and evidence on which it is based.
Author: Fa Que Consulting.
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