Then prepare the materials for responding to the unpaid wages, or counterclaim.

the biggest fear of asking for a salary is that the boss is too poor, and there is no salary to ask for, which is fatal. Even if you ask for a salary according to law and win the lawsuit, not only will you still not get the money (the court can't use its own money to pay your salary for Lao Lai), but you will also have to pay back two cucumbers (food, transportation and lost time, etc.).

In order to get back the wages earned in a hard year, migrant workers' brothers have tried their best, and the means of asking for wages are constantly being renovated. Some of them kneel down collectively to ask for wages, and some of them send "lack of heart" banners to enterprises (bosses). A variety of tricks to ask for wages reflect the difficulty of asking for wages for migrant workers.

Lao Tzu said, "people fear not death, why are you afraid of death?"

Liezi said, "Life is not mine, so life and death are just contacts.".

Zhuangzi said, "Life is a corvee, and death is a rest".

when a migrant worker jumped off a building to ask for a salary, he imitated the last words left to his son by Lu You, a great poet in the Song Dynasty: "When you die, you know that everything is empty, but it is unsuccessful to ask for a salary sadly. When the blood and sweat wages are paid, the family sacrifices are not forgotten. "

work hard to find money, but work hard to eat.

The only capital of migrant workers is their lives. In order to win the salary, migrant workers go through fire and water, with the soup in the front and the axe in the back, and they don't change their faces and die without hesitation. As a result, many wage-seeking heroes have emerged, such as "jumping off a building for salary", "climbing a tower crane for salary" and "climbing a giant billboard".

Why do I say they are heroes? The reason is that although they have taken a sad road to pay, they dare not do it as human beings. People dare not do it. They are gradually promoting the perfection of the law and the development of society with their blood and life, and they deserve the title of hero.

At present, the government requires migrant workers not to ask for wages maliciously, but to ask for wages in good faith.

what does it mean to ask for salary in good faith? Just can't go to the construction site to ask the boss for money, can't go home to ask the boss for money, can't ask the boss for money on the road, and can't ask the boss for money collectively, so where can I ask the boss for money? The relevant departments have made special provisions for this, that is, they can only go to the labor arbitration department and the court to sue for money, and they must also bring all kinds of evidence, such as employment contracts, work permits, payslips, attendance books, etc., and nothing is enough.

The relevant person in charge of the Chongqing Debt Settlement Office told the reporter that the relevant government departments support the settlement of disputes over project funds and wages through proper channels, and resolutely crack down on illegal channels (respondent's note: wages that fail to pass labor arbitration and court judgment are all' illegal channels') and excessive means of "malicious wages".

The person in charge told the reporter that five kinds of behaviors should be regarded as "malicious wage-seeking" behaviors in the construction field: First, they violate the regulations on public security management and take the methods of pulling banners, blocking roads, blocking traffic, blocking entrances and exits, etc., which have caused serious impact; Second, climbing stairs, climbing tower cranes, cutting off water and electricity, impacting the construction site, etc., which hinders the normal construction site management and office order and causes serious losses; Third, extortion, extortion, coercion and other ways to obtain construction funds, materials, labor services or wages of migrant workers, suspected of fraud or deliberately making trouble on the grounds of contract disputes; Fourth, organize migrant workers or non-construction site personnel to participate in gathering or making trouble, such as containing state organs and impacting office areas; Fifth, it does not obey the management of government departments, threatens the personal safety of relevant government staff, and seriously affects the mediation of relevant government departments.

the person in charge said that the public security department will strictly deal with the "malicious wage-seeking" behavior in the construction field according to law, especially the sudden social security incidents caused by malicious recovery, and will resolutely crack down and never be soft. At the same time, according to the credit evaluation system of employees in the construction market, the construction and labor departments in informed criticism maliciously recovered the employees and restricted or prohibited them from participating in the labor force in the construction market in Chongqing according to law.

Respondents' comments:

The government's measures treat the symptoms, and the unpaid wages no longer exist, so the wages will naturally disappear. Those who jump off a building to ask for wages collectively kneel down to ask for wages, send "heartless" banners to enterprises (bosses) to ask for wages, reward bacon to ask for wages, "climb tower cranes to ask for wages" and "climb giant billboards to ask for wages". "Drinking pesticides to ask for wages", pulling banners to ask for wages, blocking roads to ask for wages, blocking traffic to ask for wages, blocking entrances and exits to ask for wages, cutting off water and electricity to ask for wages, impacting construction sites and other strange ways to ask for wages all disappeared.

not paying wages is the best solution to prevent malicious wage demands.

If wage arrears continue to exist, no matter how the government cracks down, malicious wage demands will continue. For the rich, it doesn't matter that they owe hundreds of thousands of dollars, and there is no need to take risks. For the poor migrant workers, it is the lifeblood of his "family" to live on it. He will try his best to protect them, even if he takes risks and risks, even if the soup is in the front and the axe is in the back, he will go through fire and water to get that meager salary. It can be seen from the excessive wage demands in the past that migrant workers are desperate, and it is difficult to stop the pace of their actions by punishing those who are desperate. To make matters worse, migrant workers may do even more outrageous things, and strengthen security and defense to prevent major events.

The laws of Daqin are incomplete enough, the laws of Datang are cool enough, and the laws of Daming are strict enough, which has not stopped Chen Sheng, Wu Guang, Huang Chao and Li Zicheng, who are "grass people". As a result, the Daqin Empire was tottering, the Tang Dynasty was in violent turmoil, and Emperor Chongzhen of the Ming Dynasty hanged Meishan tree.

Dayu still knows that "blocking is better than dredging", but today's "meat eaters" don't know? Cao Gui, an ancient Chinese, said,' Carnivores are contemptuous, but they can't be farsighted'. Li Mu, a Tang Dynasty poet, said, "Future generations mourn for it without learning from it, but also mourn for it."

"Unpaid wages for wages" is a new problem in the reform and opening up. There is no "unpaid wages for wages" in the era of "ringing bells to eat and seal money". With the rapid development of China, many new problems will be encountered in various fields, and more and more new things will appear. Before we know the nature of the problem and the development trend of things,

Amendment (8) of the Criminal Law stipulates that:

Whoever evades paying laborers' labor remuneration by transferring property, hiding, etc., or fails to pay laborers' labor remuneration despite being ordered to do so by the relevant government departments, constitutes the crime of malicious wage arrears, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention according to law, and shall also or shall only be fined; If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

if a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph. Whoever commits the acts mentioned in the preceding two paragraphs, but has not caused serious consequences, pays the laborer's labor remuneration before bringing a public prosecution, and bears the corresponding liability for compensation according to law, may be mitigated or exempted from punishment.

Respondents' comments: This regulation has a deterrent effect on bosses who still have a certain amount of funds, but it has little effect on poor bosses who are full of debts. Their dead pigs are not afraid of rising water, so they will be sentenced if they want to be sentenced, but they will get nothing if they want money.

Recommend the scheme of black and white wages:

1. The solution of unpaid white wages is as follows:

1. Complain to the local labor inspection department or call the hotline 12333.

2. Go to the Human Resources and Social Security Bureau to apply for labor arbitration.

3. Go to the local people's court to file a lawsuit and apply for a payment order.

according to article 31 of the labor contract law

the employing unit shall pay the laborers in full and on time in accordance with the labor contract and state regulations. If the employer is in arrears or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order according to law, and the people's court shall issue a payment order according to law.

article 77 if the legitimate rights and interests of laborers are infringed, they have the right to request the relevant departments to handle it according to law, or apply for arbitration or bring a lawsuit according to law.

article 85 in any of the following circumstances, the employer shall be ordered by the labor administrative department to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the difference shall be paid; If it fails to pay within the time limit, the employer shall be ordered to pay compensation to the laborer according to the standard of more than 51% and less than 111% of the payable amount.

Second, the solution of the underworld is as follows:

Find some comrades and try to get them, ask them whether to pay their wages or leave their hands and feet, or leave two ears as a souvenir. If you have the courage of Tang Ju, a person can also ask for a salary. Tang Ju said, "Fu Zhuan Zhu stabbed Wang Liao, and a comet hit the moon;" Nie Zhengzhi stabbed Han Yu, and Bai Hongguan; To leave the stab Qing Ji also, Cang Ying hit the temple. These three sons, all men in cloth, are not angry, so they will not invade and descend to heaven, and they will be four with the minister. If a scholar is angry, he will bury two people, bleeding five steps, and the world will die. (A larger foe) Today is also true. " Standing up with a sword, the king of Qin scratched his face, knelt down for a long time and thanked him, saying, "Sit down, sir! What about this! Just pay you. "

Respondents' comments: Black and white solutions have their own advantages and disadvantages. The advantage of Bai's solution is safety, but the disadvantage is that it is slow and troublesome. Whether it can be solved in March or February is still unknown.

The advantage of the black solution is that it can be completely solved in one day at most, but the disadvantage is that you may get into trouble.

Other "jumping off a building" salary-seeking schemes, which are too tragic to be recommended.

the above is the best plan, and there is nothing better. If it doesn't work, you will have to admit that you are out of luck.

Up to now, "it is difficult to ask for a salary, and it is difficult to ask for a salary" has not been fundamentally alleviated. From the perspective of sound and perfect law, it is "barrier-free" to solve the problem of wage arrears, but the cruel reality is that malicious wage arrears are universal and the crime of malicious wage arrears is "individual". It is reported that since the "malicious arrears of wages", in two years, more than 81 business owners across the country have been sentenced and held accountable according to law. The law is "full" and the law enforcement is "very skinny"; Unpaid wages are "very full" and asking for wages is "very skinny".

Some people have pointed out that the difficulty in obtaining evidence and poor legal operability are the main reasons for the difficulty in incriminating unpaid wages. Many projects are subcontracted at different levels, and it is difficult to investigate the main body after the dispute of wage arrears for migrant workers occurs. In addition, the cumbersome and complicated procedures and the difficulty of obtaining evidence are undoubtedly too high for ordinary workers, and it is difficult for migrant workers to step into the footsteps of safeguarding rights.

The deterrent power of the law is not infinite, especially after encountering the high cost of defending rights, the difficulty of defending rights and the "difficulty in enforcement", the just power of the law will be reduced, and malicious wage arrears will become rampant again. As relevant experts have suggested, it is necessary to give play to the leading role of the government, enhance the government's sense of responsibility, and change the rights protection of migrant workers into government rights protection. Employment is the biggest livelihood, and getting full remuneration for employment is "the biggest livelihood". From the perspective of improving people's livelihood, the government has the responsibility to protect the interests of migrant workers. In particular, the labor inspection department can't wait for the unpaid wages to become a reality, so it is possible to get twice the result with half the effort.

To sum up, to comprehensively control the unpaid wages, we must first control the labor inspection department to wait for the unpaid wages to become a reality.