1. Common reasons why migrant workers are owed wages.
1.The employer maliciously defaults. In order to reduce costs, some employers maliciously default on migrant workers' wages, and even resort to methods such as transferring property and evading payment.
2.The labor contract is not standardized. The labor contracts signed between some migrant workers and their employers are irregular and lack legal effect, resulting in a lack of evidence to support migrant workers in defending their rights.
3.The labor security system is not perfect. In some areas, the labor security system is not perfect, which makes it difficult for migrant workers to defend their rights.
4.Migrant workers do not have a strong sense of protecting their rights. Some migrant workers do not have a sufficient understanding of laws and regulations and lack awareness of rights protection, resulting in infringement of their legitimate rights and interests.
Second, migrant workers according to the first way.
1.Negotiate a settlement. Migrant workers can first negotiate with the employer to reach an agreement on the payment of wages. In the process of negotiation, migrant workers should understand their own rights and interests, clarify their own requirements, and do a good job of preserving evidence such as audio and video recordings.
2.Labor Arbitration. If the negotiation fails, the migrant worker can apply to the local labor dispute arbitration commission for arbitration. Labor arbitration is the first step in resolving labor disputes and has legal effect. When applying for arbitration, migrant workers should prepare relevant evidence, such as labor contracts, wage slips, work records, etc.
3.Labour inspection. Migrant workers can file a complaint with the local labor and social security department and request the labor and social security department to investigate and deal with the non-payment of wages. Labor and social security departments should register and accept complaints from migrant workers, and investigate and handle them in accordance with the law.
4.Legal aid. Migrant workers may apply for legal aid from legal aid institutions and obtain the help of lawyers. Lawyers can participate in labor arbitration, litigation and other procedures for migrant workers to provide legal support for them to protect their rights.
5.Litigation Routes. If the problem cannot be resolved through arbitration, supervision or other means, the migrant worker may file a lawsuit with the people's court. In the course of the litigation, the migrant workers should provide evidence as required by the court and actively participate in the litigation.
6.Migrant workers can use the power of the government to raise the issue of wage arrears to the attention of the society. Under the pressure of society, the employer may take the initiative to pay the arrears of wages.
7.* Departmental coordination. Migrant workers can report the situation to the local ** department and request the ** department to coordinate. **The department has the responsibility to safeguard the legitimate rights and interests of migrant workers and investigate and deal with wage arrears.
3. Measures to prevent migrant workers from being owed wages.
1.Strengthen the publicity of laws and regulations. ** Departments, trade unions and other organizations should strengthen the publicity of laws and regulations on migrant workers, and raise the awareness of migrant workers to protect their rights.
2.Standardize labor contracts. The labor contract signed between the employer and the migrant worker should be standardized, and the time and method of wage payment should be clarified.
3.Establish a wage payment guarantee system for migrant workers. ** The department should establish a wage payment guarantee system for migrant workers and supervise the payment of wages by employers.
4.Intensify the investigation and punishment of wage arrears. ** Departments should intensify the investigation and punishment of wage arrears, and severely crack down on malicious wage arrears in accordance with the law.
5.Improve the labor security system. ** Departments should improve the labor security system and facilitate the protection of the rights of migrant workers.
In short, when migrant workers encounter the problem of wage arrears, they must stand up bravely and safeguard their legitimate rights and interests in accordance with the law. At the same time, the first departments and all parties in society should also work together to prevent the phenomenon of migrant workers being owed wages.