1. Ask the local labor and social security department for help, or report to the labor administrative department (usually the labor management supervision brigade). The people's governments at or above the county level have labor and social security bureaus and labor and social security supervision departments under their jurisdiction.

2. You can apply for arbitration directly.

3. If you are not satisfied with the arbitration result, you can bring a lawsuit to the court within 15 days after receiving the arbitration letter.

1. What are the ways for migrant workers to ask for wages?

1, negotiate first and try to solve it through negotiation. Pay attention to the following points when negotiating:

(1) To unite, you can choose representatives to negotiate;

(2) Take the initiative to present evidence, and pay attention to keeping negotiation records by recording;

(3) Explain the punishment of the government and the law for the wage arrears of migrant workers, and let the boss feel awe of us.

2. Call 12333, 12348, 1235 1.

Don't be afraid when migrant workers are at a loss! At this time, you can call these three numbers for consultation to help safeguard rights:

12333: hotline of labor security supervision department

12348: judicial hotline

1235 1: trade union organization hotline

Step 3 apply for mediation

If the unit has a labor dispute mediation committee, it may apply for mediation. The labor dispute mediation committee consists of workers, employers and trade union representatives.

Please note that the director of the labor dispute mediation committee must be a trade union representative!

4. Trade unions have the obligation to find trade unions to safeguard the legitimate rights and interests of migrant workers. Migrant workers who encounter wage arrears can call the trade union's "1235 1" rights protection hotline, or seek help from the trade union help center or the trade union legal aid center.

The trade union can directly negotiate with the employer or coordinate the labor security supervision department to solve it; When a lawsuit is needed, the trade union will also provide professional legal aid.

Step 5 find the government

If you complain to the local labor security supervision department, you can call the "12333" hotline of the labor security supervision department, log in to the local social security department official website, or complain directly to the local labor inspection agency.

Pay attention to when complaining:

Wage arrears must occur within 2 years;

Find out the affiliation and complain to the supervisory organ where the unit is located;

The written complaint materials shall specify the name, gender, identification, age, occupation, work unit, domicile and contact information, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;

Explain the fact of wage arrears, demand full payment of wages and other complaints and requests.

If you can't write a written complaint, you can also make an oral complaint, which will be recorded by the receptionist and confirmed by the complainant.

6. Apply to the local labor dispute arbitration committee for arbitration. It should be noted that a written application should be submitted to the Labor Dispute Arbitration Committee within 60 days from the date of the labor dispute. If you are dissatisfied with the arbitration result, you can bring a lawsuit to the local people's court.

At present, local labor dispute arbitration institutions have opened up a "green channel" for dispute handling, giving priority to accepting and hearing disputes over unpaid wages; Timely ruling and closing.

7. Prosecution

There are three situations:

If any party refuses to accept the labor dispute case after labor arbitration, it may bring a lawsuit to the court;

After the arbitration, they all obey, and after the labor arbitration award comes into effect, if the employer does not implement it, the migrant workers may apply to the court for compulsory execution;

Those who belong to the category of workers in arrears may directly bring a civil lawsuit to the court.

8. Wage-earning migrant workers who have no money for free legal aid can apply for legal aid to the legal aid agency where the employer and the unit are located, and ask the legal aid agency to assign a lawyer to help you with the lawsuit for free.

When applying, you should submit: ① identification materials; (2) proof of economic difficulties; (3) Case materials related to the application for legal aid.

legal ground

Article 9 1 of People's Republic of China (PRC) Labor Law

Where an employing unit infringes upon the lawful rights and interests of a laborer in any of the following circumstances, the labor administrative department shall order it to pay wages and economic compensation to the laborer, and may also order it to pay compensation:

(1) Deducting or delaying the wages of workers without reason;

(2) Refusing to pay overtime wages to laborers;

(3) Paying workers' wages below the local minimum wage standard;

(4) Failing to give economic compensation to the laborer in accordance with the provisions of this Law after the termination of the labor contract.

Article 88 Trade unions at all levels shall safeguard the legitimate rights and interests of workers according to law and supervise the employers' compliance with labor laws and regulations.

Any organization or individual has the right to report and accuse violations of labor laws and regulations.