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The specific measures for the storage proportion, storage form, reduction and exemption measures of wage deposit shall be formulated by the administrative department of human resources and social security under the State Council in conjunction with relevant departments.
The following is the answer for readers by the small editor of hualv.com.
If the general contractor fails to store the salary deposit as required, the relevant departments shall order it to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be ordered to stop the project and fined not less than 50000 yuan but not more than 100000 yuan.
According to Article 30 of the labor contract law, if the employer defaults or fails to pay labor remuneration in full, the worker may apply to the local people’s court for a payment order according to law, and the people’s court shall issue a payment order according to law.
2、 The simplest way is to complain by telephone to the local labor law enforcement and supervision team.
I hope the following knowledge will be helpful to readers.
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If the circumstances are serious, the relevant qualifications shall be reduced or revoked.
1、 If the construction unit fails to pay the wage deposit of migrant workers, how to punish it? 1.
Thank you! The state is very important to ensure that the wages of migrant workers are paid in full and on time, and requires relevant units to pay deposit.
They will supervise and inspect the employing units according to the labor security supervision regulations and order them to pay the arrears.
The most effective way is to directly apply to the local labor administrative department for labor arbitration (no charge, no lawyer), and claim against the unit through the award issued by labor arbitration.
The differential storage method shall be implemented for the wage deposit, the reduction and exemption measures shall be implemented for the units that have not incurred wage arrears within a certain period of time, and the storage proportion shall be appropriately increased for the units that have incurred wage arrears.
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If the general construction contractor fails to store the wage deposit according to the regulations, the relevant departments shall order it to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be ordered to stop the project and fined not less than 50000 yuan but not more than 100000 yuan.
The wage deposit can be replaced by a letter of guarantee from a financial institution.
2.
Article 55 under any of the following circumstances, the administrative department of human resources and social security and the competent department of engineering construction in relevant industries shall order them to make corrections within a time limit according to their duties; If it fails to make corrections within the time limit, it shall be ordered to stop the project and be fined not less than 50000 yuan but not more than 100000 yuan; If the circumstances are serious, the construction unit shall be punished by restricting the undertaking of new projects, reducing the qualification level, revoking the qualification certificate and so on: (1) the general construction contractor fails to open or use the special account for migrant workers’ wages in accordance with the regulations; （2） The construction general contractor fails to deposit the wage deposit or fails to provide the guarantee of financial institution; （3） The construction general contractor and subcontractor did not implement the real name management of labor employment.
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The law stipulates that Article 32 of the regulations on ensuring the payment of wages of migrant workers shall store wage deposits in accordance with relevant regulations, which shall be specially used to pay the arrears of wages of migrant workers who provide labor for the contracted projects.
If it still does not pay, it can apply to the court for enforcement.
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If the circumstances are serious, the relevant qualifications shall be reduced or revoked.
While asking for wages through the above channels, you can also ask the unit to pay you additional compensation according to the standard of more than 50% and less than 100% of the payable amount in accordance with the provisions of Article 85 of the labor contract law.
If the circumstances are serious, the relevant qualifications shall be reduced or revoked.
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If the general contractor fails to deposit the wage deposit as required, the relevant departments shall order it to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be ordered to stop the project and fined not less than 50000 yuan but not more than 100000 yuan.
Please rest assured to pay attention.
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If the labor arbitration is not accepted or the arbitration is unfair, you can also bring a civil lawsuit to the court within 15 days and execute it directly through the court judgment.
The above knowledge is the answers to relevant legal issues given by the general contractor.
