1. Negotiate with the employer and ask it to pay the salary in arrears.
2. If negotiation fails, the employee may complain to the labor administrative department and ask the employer to pay the corresponding salary.
3. Apply for labor arbitration. Laborers may file an arbitration application with the Labor Dispute Arbitration Commission, and demand the employer to pay wages.
4. If the laborer refuses to accept the arbitration award, he may bring a lawsuit to the court and demand to pay the corresponding wages. Labor disputes shall be subject to arbitration.
If you are not satisfied with the arbitration, the legal procedures you need to take:
1. Prosecution: Submit a complaint to a court with jurisdiction.
2. Filing review: if the conditions for filing are met, the parties concerned shall be notified to pay the legal fees within 7 days, and the case shall be filed after paying the fees; If it does not meet the conditions for filing a case, it shall be ruled inadmissible.
3. Scheduled court session time: notify the parties of the court session time, place and undertaker 3 days in advance; The public hearing of the case will be announced three days in advance.
4. Hearing: announce the hearing, check the identity of the parties, announce the members of the collegial panel, inform the parties of their rights and obligations, ask whether to apply for withdrawal, and then conduct court investigation, evidence cross-examination, court debate and court mediation.
5. Judgment: If the judgment agrees, the parties will automatically perform their obligations stipulated in the judgment document or apply to our court for enforcement.
Relevant legal basis
Article 7 of the Interim Provisions on Wage Payment stipulates that wages must be paid on the date agreed by the employer and the employee. In case of holidays or rest days, payment should be made in advance on the nearest working day. Wages are paid at least once a month. If the weekly, daily and hourly wage system is implemented, wages can be paid by the week, day and hour.
Article 8 of the Interim Provisions on Payment of Wages stipulates that the employing unit shall pay wages to workers who have completed one-time temporary labor or specific work in accordance with relevant agreements or contracts.
According to the provisions of Article 91 of the Labor Law, if an employer deducts or delays the wages of a worker without any reason, the labor administrative department shall order it to pay the wages and economic compensation of the worker, and may also order it to pay compensation.
Article 79 of the Labor Law stipulates that "after a labor dispute occurs, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails and one party requests arbitration, it may apply to the Labor Dispute Arbitration Committee for arbitration. If you are dissatisfied with the arbitral award, you can bring a lawsuit to the people's court. "
China's "Criminal Law" stipulates that those who evade payment of laborers' labor remuneration by transferring property, concealing, etc., or who have the ability to pay but fail to pay laborers' labor remuneration, and still fail to pay after being ordered by relevant government departments to make corrections, 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.
In short, for the process of asking for salary, migrant workers' friends need to negotiate with the employer first. If negotiation fails, you can apply for arbitration. If you don't accept the arbitration result, you can go directly to legal procedures and get help.