How to defend their rights for salary is arrears of labor dispatch employees

Citizen Mr. Zhang Consultation: As employees who dispatched by labor, the company does not pay for wages. How should they defend their rights?

The staff of the Luanhe District Legal Aid Service Center answered

As employees of labor dispatch, if the labor dispatch unit owes wages, they can directly chase the labor dispatch units, or they can also report to the actual employer to verify whether the employer pays the employee's remuneration.

If the problem cannot be solved, the following methods can be used for labor remuneration.

1. Report to the labor supervision department.

2. Apply for arbitration at the Labor Arbitration Commission.

3. If you are not satisfied with the results of the arbitration, he will sue in the court within 15 days after getting the arbitration.

Legal basis

"Labour Contract Law of the People's Republic of China"

Article 60 stipulates that the labor dispatch unit shall notify the person who is sent to the labor service dispatch agreement. Labor dispatch units shall not be deducted from labor compensation to the dispatched workers in accordance with the labor dispatch agreement. Labor dispatch units and employers shall not charge fees from the dispatched workers.

Article 85 stipulates that if the employer has one of the following circumstances, the labor administrative department shall order the labor remuneration, overtime or economic compensation for the time limit; If you pay, the employer shall be ordered to pay compensation to the workers at a standard of less than 50%of the amount of less than 50%.

(1) If the labor contract is not paid in accordance with the provisions of the labor contract or the state regulations, the labor remuneration is paid in full and in time;

(2) Paying workers' wages lower than the local minimum wage standard;

(3) Arrange overtime non -payment overtime pay;

(4) Lift or terminate the labor contract shall not pay economic compensation to the workers in accordance with the provisions of this Law.

"The People's Republic of China Labor Dispute Controversy Arbitration and Arbitration Law"

Article 2 stipulates that the following labor disputes occurred by employers and workers within the People's Republic of China, and this Law is applicable.

(1) Disputes of confirmation of labor relationships;

(2) Disputes on the occurrence of labor contracts due to the establishment, fulfillment, changes, lifting, and termination of labor contracts;

(3) Disputes of removal, dismissal, resignation, and resignation;

(4) Disputes on working hours, rest vacations, social insurance, welfare, training and labor protection;

(5) Disputes of controversy due to labor remuneration, medical expenses, economic compensation or compensation;

(6) Other labor disputes stipulated in laws and regulations. (Luo Bao Mercy Reporter Shenli Super Correspondent Wang Yali)

Source: Luoyang.com

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