Migrant workers are sentenced to pay off in advance by the general contractor

2022-12-23

A few days ago, the People's Court of Heshuo County, Xinjiang Uygur Autonomous Region, made a final judgment that seven migrant workers, including Pan Moulin, demanded more than 140000 yuan of their wages back. After a construction group company contracted a construction project in Heshuo County, it subcontracted it to Urumqi Branch of a construction company in Sichuan. In March 2021, the branch hired 7 migrant workers, including Pan Moulin, and did not pay them after the completion of the project. So Pan Moulin and others began to pursue. After coordinating with the labor security supervision team of Heshuo County, a construction group company and Pan Moulin and others calculated their salaries, promised to pay salaries for Urumqi Branch of a construction company in Sichuan as a general contractor, and issued a letter of commitment. The part of the commitment is scheduled to be paid on November 26, 2021, and the rest will be paid off before December 25, 2021. However, after the payment period expires, a construction group company has not paid the remaining wages totaling more than 140000 yuan. Pan Moulin and others applied to Heshuo County Personnel and Labor Dispute Arbitration Commission for arbitration, requesting that a construction group company pay the remaining wages. Heshuo County Personnel and Labor Dispute Arbitration Commission made a ruling on August 5, 2022, supporting the appeal of Pan Moulin and others. A construction group company refused to accept the verdict and filed a lawsuit to the People's Court of Heshuo County, demanding that the defendant's salary not be paid. The court held that, as the general contractor of the project involved in the case, it was responsible for supervising the labor employment and wage payment of the subcontractors. As a result of its failure to fulfill its supervision and management responsibilities, the subcontractor has defaulted on migrant workers' wages. According to the provisions of the Regulations on Guaranteeing the Payment of Migrant Workers' Wages, "the general construction contractor shall supervise the employment and payment of wages of the subcontractor. If the subcontractor defaults on migrant workers' wages, the general construction contractor shall first pay them off, and then recover them according to law." A construction group company shall assume the responsibility of paying off wages first, After assuming the responsibility of paying off the debts, they may pursue compensation according to law. (Outlook New Times)

Edit:sishi    Responsible editor:xingyong

Source:https://www.chinanews.com.cn/sh/

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