As of January 1, 2021, after settlement, Lao Zhang still owed 12000 yuan of service fees.
Lao Zhang is employed by Mr.
According to the third paragraph of Article 30 of the Regulations on the Guarantee of the Payment of Migrant Workers’ Wages, “if a subcontractor defaults on the wages of migrant workers, the construction general contractor shall pay off the arrears first, and then recover them according to law.” As an administrative regulation, the people’s court shall apply the regulations.
In this case, the labor company and Mr.
The opposite party to the contract was actually a labor company, not including Mr.
First of all, about the relationship between construction companies and labor companies and Mr.
Li.
After negotiation with Mr.
Li, as the labor subcontractor (Party B), signed the Construction Project Construction Labor Subcontracting Contract, which agreed that Party A would subcontract the construction of a project of its general contracting to Party B in the way of labor clearance, and the contract specifically agreed on the construction content.
According to the bank transaction records, Lao Zhang did provide labor services for the project involved.
Li shall sign and stamp at the signing place of Party B and affix the official seal of the labor service company.
In order to protect the legitimate rights and interests of migrant workers, it is particularly reminded that migrant workers, whether directly providing labor in the employing unit or following the construction of the contractor foreman, should promptly require the other party to sign a written labor or labor contract, stating information such as wages and construction period, and pay attention to the retention of relevant contracts, wage settlement vouchers, attendance records and other evidence.
Li, the labor company and the construction company as defendants to the Huaiyin Court and asked the three defendants to pay 12000 yuan in arrears.
Li.
According to the title of the subcontract, the labor subcontractor is “labor company – Li”.
Li, as the labor subcontractor, owed Lao Zhang 12000 yuan in salary.
Now Lao Zhang sued Mr.
Secondly, the responsibility of the construction company.
At the end of the contract, Li signed and stamped at the signature of Party B, not at the signature of Party B’s agent.
In case of wage arrears and other circumstances, they should promptly pass arbitration Safeguard legal rights and interests through litigation and other means.
Li, he has been engaged in the clay tile work in the above-mentioned labor subcontracting project since January 2020.
Li.
The lawyer said that people’s livelihood is not trivial.
Zhang.
Li and the labor service company paid Lao Zhang 12000 yuan of labor service fee; The construction company shall be jointly and severally liable for the above payment liabilities.
Zhang to negotiate the provision of labor services, Mr.
Li’s behavior represented his two parties with the labor service company.
On October 10, 2018, the construction company, as the general contractor (Party A), and the labor service company, Mr.
If the subcontractor defaults on the wages of migrant workers, the construction general contractor shall pay off the arrears first and then recover the arrears according to law.
Li and the labor service company, so both parties had the obligation to pay service fees to Mr.
Li and the labor service company were the joint labor contractors of the project involved.
Therefore, the construction company should bear joint and several liabilities for the above debts of the labor company and Mr.
After the judgment was made, the construction company filed an appeal against it, and the court of second instance ruled according to law: reject the appeal and maintain the original judgment.
The construction general contractor shall supervise the labor employment and wage distribution of subcontractors.
In addition, if the construction company finally actually assumes the above payment responsibility in advance, it has the right to claim compensation from the labor service company and Mr.
For this, the construction company, as the general contractor, had the obligation to pay off in advance.
Although Mr.
Li personally contacted Mr.
In order to regulate the wage payment behavior of migrant workers and ensure that the wages of migrant workers are paid in full and on time, the State Council has issued the Regulations on the Guarantee of Wage Payment of Migrant Workers, which specifies that after the project is subcontracted, the wages of migrant workers in arrears should be paid by the general construction contractor in advance.
It should be recognized that the opposite parties of the contract are the construction company, the labor company and Li.
The construction company argued that the reason why the name of Mr.
Li for the convenience of the company’s management.
Lao Zhang is a migrant worker in the city.
After the payment is completed, the compensation shall be recovered according to law.
It has paid service fees for Lao Zhang through the migrant workers’ wage account on behalf of the labor company.
Li.
After hearing, the Huaiyin Court held that the completion time of Lao Zhang’s labor service was before the implementation of the Civil Code of the People’s Republic of China, and the case should be judged according to the previous laws.
At the signing place of Party B under the contract, Mr.
If the construction project is subcontracted and the wages of migrant workers are in arrears, the general construction contractor shall pay off the arrears first, and then recover the arrears according to law.
Although Mr.
Its company and the labor company are independent legal entities, and there is no illegal subcontracting, so it is no longer necessary to assume responsibility for Lao Zhang.
Zhang provided labor services for Mr.
The promulgation of this regulation has effectively remedied the wage arrears of migrant workers caused by illegal subcontracting and layer-by-layer subcontracting of general contractors.
Article 30 of the Regulations on the Protection of the Wage Payment of Migrant Workers, the subcontractor shall be directly responsible for the real-name management and wage payment of the recruited migrant workers.
Li is also recorded as the representative of Party B at the construction site, this identity does not necessarily negate his identity as the other party to the contract.
The service fee is 280 yuan per day, and the salary is paid by the construction company.
Li was added to the subcontract was just a remark to clarify that the representative on the site was Mr.
To sum up, the Huaiyin Court ruled according to law that Mr.
Mr.
Mr.
Source: For more legal advice from the People’s Court of Huaiyin District, Jinan City, please call Shandong Song Chengwen Lawyer Tel: 13791402227 [copyright statement]: This article is edited and uploaded by Zhifei Micromanager.
Li and has no contractual relationship with him.
