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How to safeguard the rights of Beijing temporary workers who are in arrears with their wages?

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How to safeguard the rights of Beijing temporary workers who are in arrears with their wages?


        

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  • 2024-06-10 01:00:49

    If an employer defaults on wages in violation of the law, the temporary worker should first negotiate with the employer. If the negotiation fails, it can be solved through legal means: report to the local labor and social security supervision agency; You can also apply to a labor arbitration institution for arbitration; Or bring a lawsuit to the people's court.

    How should Beijing temporary workers safeguard their rights when they are in arrears with their wages?

    In the case that the employer defaults on wages, the worker should first negotiate with the employer. If the negotiation fails, it can be solved through the following legal channels:

    (1) Complaints and reports to local labor and social security supervision agencies;

    (2) To 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 one year from the date of the labor dispute;

    (3) Settle through litigation. There are three situations: first, for labor dispute cases, if any party refuses to accept the labor arbitration, it can file a lawsuit to the court; The second is to obey after arbitration. If the employer fails to enforce the labor arbitration award after it takes effect, the worker can apply to the court for enforcement; Third, those who belong to the category of service arrears can directly file a civil lawsuit to the court.

    Labor Contract Law

    The employer has the behavior of withholding or defaulting wages. It is suggested to report and complain to the local labor inspection team with jurisdiction and urge the defaulted wages. Wages in arrears can be protected through labor arbitration.

    Article 85 In any of the following circumstances, the labor administrative department shall order the employing unit to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If it fails to pay within the time limit, the Employer shall be ordered to pay an additional compensation to the worker at a rate between 50% and 100% of the amount payable:

    (1) Failing to timely and fully pay the labor remuneration of workers in accordance with the provisions of the labor contract or national regulations

    (2) Paying workers wages below the local minimum wage standard

    (3) No overtime pay for overtime arrangement

    (4) When the labor contract is dissolved or terminated, no economic compensation is paid to the worker in accordance with this Law.

    Is there any legal basis for the employer to dismiss dispatched workers?

    The employer has no right to dismiss the employee, and only the employer, the dispatching company, can terminate the labor contract with the employee. If the employing unit wants to terminate the contract, it should return the worker to the dispatching company, and the dispatching company should terminate the labor contract with the worker. The compensation and compensation for the termination of the contract should also be borne by the dispatching company.

    What is the impact of driving license deduction during internship

    The impact of driving license deduction during internship is based on the level of driving license. If it is a large vehicle license, the internship period will be extended for one year if the score is more than 6 but less than 12; If 12 points are deducted from the small car driver's license during the internship, the driving qualification will be cancelled.

    According to Article 79 of the Regulations on the Application and Use of Motor Vehicle Driving Licenses, if a motor vehicle driver has committed an illegal act of road traffic safety during the internship period and has been scored 12 points, his driving qualification for the permitted model of the internship will be cancelled. If the cancelled driving qualification does not belong to the highest permitted driving model, the driving qualification of the highest permitted driving model shall also be cancelled in accordance with the provisions of the first paragraph of Article 78.

    If a driver with a driver's license for a large bus, tractor, city bus, medium-sized bus, or large truck scores more than 6 points but less than 12 points during the one-year internship, the internship period will be extended for one year. If more than 6 points are scored but less than 12 points are scored again during the extended internship period, the driving qualification of the permitted model for internship will be cancelled.

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

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