Traditional Culture Encyclopedia - Hotel reservation - "Jumping off a building to ask for salary" is seen again in Yuxi. What do you think of this matter?

"Jumping off a building to ask for salary" is seen again in Yuxi. What do you think of this matter?

Gouging out flesh to mend sores is not done by oneself.

The road to asking for wages is gradually getting farther and farther, so I will search up and down.

The biggest fear when asking for salary is that the boss is too poor and has no salary to ask for. It is a life-threatening situation and no money to ask for. Even if you ask for your salary in accordance with the law and win the case, not only will you still not get the money (the court cannot use its own money to pay you for the old man), but you will also have to pay for it (food, transportation, and boat expenses, missed work, etc.).

In order to get back the wages they have earned over the past year, migrant workers have gone to great lengths to get back their wages, and their methods of asking for wages are constantly being renovated. Some "kneel down collectively to ask for wages", and some give money to companies ( The boss) sends "the lack of heart banner to ask for salary". There are people who "jump off buildings to ask for wages", there are people who "climb towers and hang themselves to ask for wages", there are people who "climb up giant billboards to ask for wages", there are people who "climb to the top of water towers to ask for wages", there are people who "cut their wrists to ask for wages", there are people who "cut their wrists to ask for wages". There are those who "kill the foreman to ask for wages", those who "suicide to ask for wages", those who "drink pesticides to ask for wages", those who "stop cars to ask for wages", "hold banners to ask for wages", "block roads to ask for wages", Various tactics such as "obstructing traffic to demand wages", "blocking entrances and exits to demand wages", "cutting off water and electricity to demand wages", "attacking construction sites to demand wages", etc., further reflect the difficulty of migrant workers in asking for wages. The various ways to ask for wages are forced out of helplessness.

Migrant workers are not idiots, and they do not know that playing with these things may cause harm to themselves (at worst, they may miss work, or at worst, they may be beaten, imprisoned, or lose their lives). However, "I hate the sores in front of my eyes, but I cut out the flesh in my heart." (Selling new silk in February, selling new grain in May. Healing the sores in front of his eyes, but digging out the flesh in his heart. I wish the king's heart to turn into a candle of light. If you don't illuminate the Qiluo Banquet, Just take the words from the escape room as a poem). I have to do it.

Laozi said: "The people are not afraid of death, but how can they be afraid of death."

Liezi said: "Life is not my own, and life and death are just exchanges."

Zhuangzi said: "Life is a labor service, death is a rest."

When a migrant worker jumped off a building to ask for wages, he imitated the last words left to his son by the great poet Lu You of the Song Dynasty: "I knew everything would be in vain when I died, but I was sad that I failed to ask for wages. When the hard-earned wages are paid, family sacrifices are not forgotten. Report to Nai Weng."

You have to work hard to find money, and you have to work hard to eat.

The only capital of migrant workers is their lives. In order to succeed in asking for wages, migrant workers regard death as home, with the snake in front and the ax behind, going through fire and water without changing their countenance and refusing to turn around until death. There are many heroes who ask for wages, including those who "jump off buildings to ask for wages", some who "climb towers to ask for wages", some who "climb on giant billboards to ask for wages", some who "climb to the top of water towers to ask for wages", and some who "slit their wrists" Some people "kill their foreman to ask for wages", some "suicide themselves to ask for wages", some "drink pesticides to ask for wages", some "stop cars to ask for wages", etc., there are countless others.

The reason why I say they are heroes is that although their path to asking for wages is very sad, they do things that no one dares to do. They are using their blood and lives to gradually promote the improvement of the law and the development of society. They are worthy of the title of heroes.

Currently, the government requires migrant workers not to ask for wages maliciously but to ask for wages in good faith.

What does it mean to ask for salary in good faith? You can’t go to the construction site to ask for money from your boss, you can’t go to your home to ask for money, you can’t go to the boss on the road to ask for money, and you can’t go to the boss collectively to ask for money. So where can you go to the boss to ask for money? Relevant departments have made special regulations on this, that is, you can only go to the labor arbitration department and the court to file a lawsuit to ask for money, and you must bring all kinds of evidence, such as employment contracts, work certificates, salary slips, attendance books, etc., anything less is enough. no.

The relevant person in charge of the Chongqing Debt Clearance Office told reporters that relevant government departments support the resolution of project payment and wage disputes through legitimate channels and resolutely crack down on illegal channels (Answer’s note: There is no labor arbitration or court judgment. All wage requests are 'illegal channels') and excessive means are used to 'maliciously ask for wages'.

The person in charge told reporters that five behaviors should be considered as "malicious salary demands" in the construction field: First, violating social security management regulations by pulling banners, blocking roads, obstructing traffic, blocking entrances and exits, etc. The second is to use methods such as climbing buildings, climbing tower cranes, cutting off water and electricity, and impacting the construction site to hinder normal construction site management and office order, causing serious losses; the third is to use extortion, extortion, and coercion to extort money from the construction field Payment for projects, materials, services or wages of migrant workers, etc., is suspected of fraud or deliberately causing trouble on the grounds of contract disputes; fourth, organizing migrant workers or non-construction site personnel to participate in gatherings or making trouble, such as besieging state agencies, attacking Office areas, etc.; fifth, disobeying the management of government departments, threatening the personal safety of relevant government staff, etc., seriously affecting the mediation of relevant government departments.

The person in charge said that the public security department will strictly deal with "malicious salary demands" in the construction field in accordance with the law. In particular, they will resolutely crack down on sudden social security incidents caused by malicious salary demands and never Show no mercy. At the same time, the construction, labor and other departments, based on the credit evaluation system for construction market employees, issued notices to criticize those who maliciously pursue cases, and restricted or prohibited them from participating in the labor force of Chongqing's construction market in accordance with the law.

Respondents’ comments:

The government’s measures only address the symptoms but not the root cause. Wage arrears no longer exist, and wage demands will naturally disappear. Wage demands have disappeared. Those who “kneel down collectively to ask for wages” ”, and those who send companies (bosses) “a banner of lack of heart to ask for salary”. "Those who jump off buildings to ask for wages", "climb towers to ask for wages", "climb up giant billboards to ask for wages", "climb to the top of water towers to ask for wages", "cut their wrists to ask for wages", "kill the foreman to ask for wages" ", "suicide to ask for wages", "drinking pesticides to ask for wages", "stopping cars to ask for wages", "holding banners to ask for wages", "blocking roads to ask for wages", "obstructing traffic to ask for wages", " Those who asked for wages by blocking entrances and exits, "cut off water and electricity to ask for wages," and "attacked construction sites to ask for wages" all disappeared.

Not owing wages is the best way to prevent malicious wage demands.

If wage arrears continue to exist, no matter how hard the government cracks down, malicious wage demands will continue. For the rich, it doesn't matter if they owe hundreds or thousands of yuan. There is no need to take risks. For the poor migrant workers, it is the lifeblood of their "family, old and young", and they must protect it with all their strength. , even if he takes risks, he will not hesitate to do so, even if he is in front of him and the ax is behind him, he will go through fire and water in order to get the meager salary, but he will not change his face and will not hesitate to die. It can be seen from the past excessive wage demands that migrant workers have the characteristics of not wanting their lives. For people who don’t want their lives, it is difficult to stop them from punishing the policy provisions for "malicious wage demands". To make matters worse, migrant workers may do More importantly, security and defense work must be strengthened to prevent major accidents.

The laws of the Qin Dynasty are cruel enough, the laws of the Tang Dynasty are cruel enough, and the laws of the Ming Dynasty are strict enough, but they have not stopped the footsteps of Chen Sheng, Wu Guang, Huang Chao and Li Zicheng who are like today's "migrant workers". As a result, the Qin Empire was in turmoil, the Tang Dynasty was in violent turmoil, and Emperor Chongzhen of the Ming Dynasty hanged himself from a tree on Meishan Mountain.

Yu the Great once knew that "it is better to block the floods than to clear them out". Do today's "meat eaters" not know? The ancient Cao GUI said: "Meat eaters are despicable and cannot plan far." Li Mu of the Tang Dynasty wrote: "The future generations will grieve and ignore it, which will also make the future generations grieve again." In the era of "getting money after eating, stamping stamps", there is no such thing as "paying back wages". With the rapid development of our country, we will encounter many new problems in various fields, and more and more new things will appear. Before we understand the problems, nature and the development trend of things, if these problems and things are banned, excluded and suppressed, it will undoubtedly make the situation worse. We should guide reasonably and eliminate the uneasy factors, so that the problems can be solved peacefully and things can contribute to social development. .

Amendment (8) of the Criminal Law stipulates:

Amount of evading the payment of labor remuneration to workers by transferring property, escaping, etc. or failing to pay labor remuneration when capable of paying. If the amount is relatively large and fails to pay after being ordered to do so by the relevant government departments, it shall constitute the crime of malicious wage arrears and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention in accordance with the law, and shall also or solely be fined; if serious consequences are caused, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. imprisonment, and a fine.

If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

If the acts in the preceding two paragraphs have not yet caused serious consequences, the labor remuneration is paid before public prosecution is initiated, and the corresponding liability for compensation is borne in accordance with the law, the punishment may be reduced or exempted.

Respondent comments: This regulation has a deterrent effect on bosses who still have a certain amount of funds, but has little effect on poor bosses who have only one butt and two ribs in debt. They are dead pigs and are not afraid of rising water. If they want to be sentenced, they will be sentenced. If you want money, you won't get it.

Recommend the black and white salary solution:

1. The solution to the black and white salary arrears is as follows:

1. Complain to the local labor inspection department, or call the hotline 12333.

2. Go to the Human Resources and Social Security Bureau to apply for labor arbitration.

3. Go to the local People’s Court to file a lawsuit and apply for a payment order.

Based on the Labor Contract Law

Article 30 The employer shall pay labor remuneration in full and in a timely manner in accordance with the labor contract and national regulations. If the employer defaults or fails to pay labor remuneration in full, the employee may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

Article 77 If the legitimate rights and interests of workers are infringed upon, they have the right to request the relevant departments to handle the matter in accordance with the law, or to apply for arbitration or initiate litigation in accordance with the law.

Article 85 If an employer has any of the following circumstances, the labor administrative department shall order it 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, it shall pay other If the balance is not paid within the time limit, the employer shall be ordered to pay additional compensation to the employee at a rate of not less than 50% but not more than 100% of the amount payable.

2. The solution of the underworld is as follows:

Find a few gay people to try to get the person, and ask them whether they want to pay wages or keep their hands and feet, or leave two ears. commemorate. If you have the courage of Tang Ju, you can ask for salary alone. Tang Ju said: "When Hu Zhuanzhu stabs the king's official, a comet hits the moon; when Nie Zheng stabs the Han puppet, a white rainbow pierces the sun; when Yao Li stabs Qing Ji, Yes, the barn eagle struck on the palace. These three sons were all men in cloth, and they were still angry. , The world is in a state of chaos, (the fish is dead and the net is broken)." Standing up with his sword, King Qin looked at him, knelt down and thanked him and said, "Sir, why do you want me to do this?"

Respondent comments: Both black and white solutions have their own advantages and disadvantages. The advantage of Bai's solution is that it is safe, but the disadvantage is that it is slow to take effect and troublesome. It is still unknown whether it can be solved in three or two months.

The advantage of Hei's solution is that it is very effective and can be completely solved in one day at most. The disadvantage is that it may cause trouble for you.

Other "jumping off a building" salary-payment plan, this plan's road to salary-payment is really miserable and is not recommended.

The above is the best solution. There is no better solution. If none of them work, then you will have to consider yourself to be extremely unlucky.

To this day, the "difficulty in asking for salary and difficulty in asking for salary" has not been fundamentally alleviated. From the perspective of the soundness and perfection of the law, there is no obstacle to solving the problem of wage arrears. However, the cruel reality is that malicious wage arrears are common, and the criminalization of malicious wage arrears is an "individual case." It is reported that since the “criminalization of malicious wage arrears”, more than 80 business owners nationwide have been jailed and held accountable in accordance with the law in the past two years. The law is "very full" and law enforcement is "very skinny"; wage arrears are "very full" and asking for wages is "very skinny".

Some relevant people pointed out that difficulty in obtaining evidence and poor legal operability are the main reasons why it is difficult to convict for unpaid wages. Many projects are subcontracted at different levels, and it is difficult to pursue the main party when disputes arise over arrears of wages to migrant workers. In addition, the cumbersome and complicated procedures and the difficulty of obtaining evidence make the threshold for protecting the rights of ordinary workers undoubtedly too high, making it difficult for migrant workers to step forward to protect their rights.

The deterrence of the law is not infinite. Especially when the cost of safeguarding rights is high, difficulty in safeguarding rights, and "difficulty in enforcement" are encountered, the just power of the law will be reduced, and malicious wage arrears will become rampant again. As relevant experts have suggested, the government should play a leading role, enhance the government's sense of responsibility, and transform migrant workers' rights protection into government rights protection.

Employment is the greatest livelihood of the people, and obtaining full remuneration from employment is "the greatest livelihood". From the perspective of improving people's livelihood, the government has the responsibility to protect the interests of migrant workers. In particular, the labor inspection department cannot wait for unpaid wages to become a fact and must intervene in advance. Only by nipping supervision in the bud can we solve the problem of wage arrears with "twice the result with half the effort"

If migrant workers could get their wages through relevant departments, they would not go through such trouble.

To sum up, in order to comprehensively deal with the problem of wage arrears, we must first deal with the problem of labor inspection departments waiting for wage arrears to become a fact, hold accountable those responsible for inaction in government departments, and punish bosses who maliciously owe wages Severe punishments have been imposed on illegal cases, and no wage arrears have become a fact. The problem of migrant workers' wage arrears has been comprehensively solved.