Engineering 'package to package', workers sue three companies for salary claims
2024-07-25
The project is being subcontracted layer by layer, but the wages are still not settled. Who will pay the wages of migrant workers? Recently, the Intermediate People's Court of Hotan Prefecture in Xinjiang Uygur Autonomous Region heard a labor dispute case, clarifying that 18 migrant workers, including Mai, have a labor relationship with a communication engineering service company in Xinjiang and need to pay the migrant workers' labor income. It also ruled that a Xinjiang information engineering company and a construction company are jointly and severally liable. A certain construction company contracted a project and awarded it to an information engineering company in Xinjiang, which in turn awarded it to a communication engineering service company in Xinjiang. A certain communication engineering service company in Xinjiang is recruiting migrant workers such as Mai for construction, but the two parties have not signed a written labor contract. After working for a period of time, Mai and others did not receive any salary from the company. Under the pursuit, the company issued a wage arrears statement. Due to the delay in receiving their wages, Mai and 18 other migrant workers sued three companies in court. A certain communication engineering service company in Xinjiang stated that due to the fact that a certain information engineering company in Xinjiang has not settled with itself, the company is unable to issue salaries. A certain information engineering company in Xinjiang stated that the company has not recruited migrant workers, and there is no labor contract or employment relationship between the two parties. And a certain construction company believes that the project has been subcontracted to the next party, and the labor dispute has nothing to do with itself. The court has reviewed and determined that there is a labor relationship between a certain communication engineering service company in Xinjiang and 18 migrant workers, and they need to pay their wages. Article 28 of the Construction Law of the People's Republic of China stipulates: "It is prohibited for contracting units to divide all the construction projects they have contracted and subcontract them to others under the name of subcontracting. As a general contracting company, a certain construction company subcontracted the engineering project but failed to fulfill its supervisory responsibilities and should bear corresponding responsibilities; After subcontracting, Xinjiang Information Engineering Co., Ltd. and Xinjiang Communication Engineering Service Co., Ltd. are also responsible for the wage arrears of migrant workers due to unsettled accounts and other reasons. The first instance court ruled that a certain communication engineering service company in Xinjiang shall pay the wages of migrant workers. If the payment cannot be made, the responsibility for settlement shall be borne by a certain information engineering company and a certain construction company in Xinjiang. A certain construction company and an information engineering company in Xinjiang are dissatisfied and have appealed to the Hotan Intermediate People's Court. The second instance upheld the original verdict. (New Society)
Edit:Lubaikang Responsible editor:Chenze
Source:workercn.cn
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