Lawyer Chen Siwen of Beijing Yingke (Wuhan) Law Firm replied:
What is the fastest way for migrant workers to ask for wages in China?
The first measure: we must defend our rights according to law. In practice, some migrant workers take radical measures, hoping to attract social attention, so as to achieve the purpose of solving the problem. Not only is it illegal, but it often backfires and the problem will never be solved. Our party and government attach great importance to the problem of wage arrears for migrant workers. Labor, construction, public security, the Federation of Trade Unions and other departments have also jointly carried out special inspections on the wages of migrant workers and taken various measures to recover their wages. Therefore, it is suggested that migrant workers' friends should have legal awareness when asking for wages. When their rights and interests such as unpaid wages are violated, they must rely on legal channels to solve them, and never be emotional.
The second measure: keep the evidence. Migrant workers should pay attention to collecting the following evidence in the process of paying wages.
Strictly speaking, in our country, the life of migrant workers is divorced from the law, and their interests are not protected by the law. There are two reasons for this result, which are particularly worthy of review.
(A) The defects in the political system and social management system are the root causes of the problems of migrant workers.
China's political system lacks democracy, especially local governments at all levels. From the constitutional point of view, China is a centralized country. The typical feature of administrative centralization is the relationship between higher and lower governments, where the superior leads the subordinate and the subordinate obeys the superior.
(B) The defects of the existing laws have greatly aggravated the problem of migrant workers.
The protection of migrant workers' rights and interests needs the comprehensive function of the whole legal system based on labor law, such as constitution, administrative law, labor law, civil law, criminal law, procedural law and arbitration law. However, it is a pity that there are many deficiencies in the protection of migrant workers' rights and interests in our current laws.
Lawyer: Zhong party member, Master of Laws from Wuhan University, is currently the chief lawyer of Beijing Yingke (Wuhan) Law Firm. He has profound theoretical knowledge of law and rich practical experience in handling cases. Served as perennial legal adviser of Hubei Aomanduo Food Technology Co., Ltd. and Hubei Northeast Catering Management Co., Ltd.
Lawyer Chen Siwen added:
What are the legal ways for migrant workers to ask for wages?
1, apply for pre-litigation preservation
In judicial practice, many units are not well managed, and often take measures such as transferring assets, selling equipment, hiding and disappearing. In this way, even if the migrant workers win the case, they will not be paid because they have no property to execute. Article 101 of the Civil Procedure Law stipulates that if an interested party fails to apply for preservation immediately because of an emergency, which will cause irreparable damage to his legitimate rights and interests, he may apply to the court for preservation measures before bringing a lawsuit or applying for arbitration. After accepting the application, the court must make a ruling within 48 hours; Those ordered to take protective measures shall be executed immediately. Accordingly, migrant workers can avoid the embarrassing situation of winning the case but not getting the money.
Step 2 apply for a payment order
Paragraph 2 of Article 30 of the Labor Contract Law stipulates that if the employer fails to pay the labor remuneration in full, the employee may apply to the local court for a payment order according to law, and the court shall issue a payment order according to law. This regulation introduces the payment order system into the case of unpaid wages, giving workers a way to quickly enter the judicial relief procedure. Generally speaking, after the applicant makes an application, the court will issue a payment order to the respondent within 15 days, and the respondent must raise an objection or pay off the debt within 15 days. If it fails to apply within the time limit, the applicant may apply to the court for compulsory execution.
3. Exercise the right of cancellation
Article 74 of the Contract Law stipulates that if the debtor abandons the due creditor's rights or transfers the property for free, thus causing damage to the creditor, the creditor may request the court to cancel the debtor's behavior. If the debtor transfers the property at an obviously unreasonable low price, causing damage to the creditor, and the transferee knows the situation, the creditor may also request the people's court to cancel the debtor's behavior. According to this regulation, when the debtor transfers his property to his spouse, children or others for free to avoid debts, the creditor has the right to apply to the court for cancellation of the act. In addition, it is worth noting that the right of revocation must be exercised within 1 year from the date when the reasons for revocation are known; If the debtor fails to exercise its cancellation right within five years from the date of the debtor's behavior, the cancellation right shall be extinguished.
4. Malicious arrears of wages
Article 276 of the Criminal Law stipulates: evading payment of labor remuneration by transferring property or hiding. Or those who have the ability to pay but fail to pay labor remuneration, and still fail to pay after being ordered to do so by the relevant government departments, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention 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. This brings malicious unpaid wages into the category of crime.
The above is to introduce to you "What is the fastest way for migrant workers in China to ask for wages?" The legal ways for migrant workers to ask for wages include: applying for pre-litigation preservation, applying for payment order, exercising the right of revocation, and malicious arrears of wages. The fastest way to ask for wages is to protect their rights and interests according to law. Of course, Chinese medicine practitioners should also pay attention to the collection of evidence in this process.