What should a private builder do if he encounters a boss who is not paying his debts?

Updated on society 2024-04-04
11 answers
  1. Anonymous users2024-02-07

    Your question seems to have a certain tendency, in the statement used "A repaired the house according to the requirements of the contract", "B picks and deducts 2-30,000 yuan from A" and other statements, let's put it this way, if this description is objective and fair, that is, according to the general public's point of view, then B is unreasonable to do so, and it will definitely not be supported by the law, because "the law is unreasonable"!!

    If it is strictly in accordance with the law, then the problem may be much more complicated, because it is not known what the situation of the house involved in the case belongs to, whether it has reached the scope that should be adjusted by the "Construction Law", once this is the case, then the construction behavior should be handled such as planning permission, construction permit, construction qualification review and other legal provisions, the nature of the dispute should be handled in accordance with the "construction project contract dispute", and the quality and price of the project may have to be appraised. If not, it is much easier and more concise to judge just to contract a legal relationship.

  2. Anonymous users2024-02-06

    I don't know what quality problems you have in the house you repaired, what are some of the deficiencies you are referring to? You can find the relevant department to do an appraisal or find a lawyer with relevant experience to consult, or make up for your shortcomings, in short, don't promote a bad atmosphere, and persevere.

  3. Anonymous users2024-02-05

    It is a contract dispute, and if the negotiation fails, the dispute can be resolved through civil litigation.

    Lawyer Zhang Zuoxin.

  4. Anonymous users2024-02-04

    Legal analysis: 1. The easiest way is to file a complaint with the local labor law enforcement inspection brigade, which will supervise and inspect the employer in accordance with the "Labor Security Supervision Regulations" and order it to pay the arrears of wages.

    2. In accordance with the provisions of Article 30 of the Labor Contract Law, if the employer is in arrears or fails to pay the 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.

    3. The most effective is to apply for labor arbitration directly to the local labor administrative department (no fees, no lawyer), and claim compensation from the unit through the award issued by labor arbitration, and if it is not compensated, it can be applied to the court for enforcement.

    Legal basis: Article 15 of the Regulations on Labor and Social Security Supervision Article 15 The labor and social security administrative departments shall have the right to take the following investigation and inspection measures in the implementation of labor security inspections:

    1) Entering the employer's workplace for inspection;

    2) Questioning relevant personnel on matters of investigation or inspection;

    3) Require the employer to provide documents and materials related to the investigation and inspection matters, and make explanations and explanations, and may issue a letter of inquiry for investigation when necessary;

    4) Employing methods such as recording, audio or video recording, photographing, or reproduction to collect relevant information and materials;

    5) Entrust an accounting firm to audit the employer's payment of wages and social insurance premiums;

    6) Other investigative and inspection measures that may be taken by the labor and social security administrative departments as provided by laws and regulations.

    The administrative department for labor and social security has the right to correct on the spot any violation of labor security laws, regulations, or rules that the facts are clear, the evidence is conclusive, and can be dealt with on the spot.

  5. Anonymous users2024-02-03

    It is illegal for an employer (including a private owner) to deduct or default on the wages of the employee without reason, or to refuse to pay the employee for the extended working hours.

    The labor administrative department shall order the payment of wages and remuneration and economic compensation to the laborer, and may also order the payment of compensation. The Labor Contract Law stipulates that an employer shall pay the employee remuneration in full and in a timely manner in accordance with the provisions of the labor contract and national regulations. If the employer is in arrears or fails to make a full judgment to pay labor remuneration, the person who is envious of the labor digging town may apply to the local people's court for a payment order in accordance with law, and the people's court shall issue a payment order in accordance with law.

    Legal basis: Labor Contract Law of the People's Republic of China

    Article 10 A written labor contract shall be concluded in order to establish a labor relationship.

    If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

    If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

    Article 11 Where an employer fails to conclude a written labor contract at the same time as employing the workers, and the labor remuneration agreed upon with the workers is not clear, the labor remuneration of the newly recruited workers shall be implemented in accordance with the standards stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented.

    Article 30 An employer shall, in accordance with the provisions of the labor contract and state regulations, pay the labor remuneration to the worker in full and in a timely manner.

    If the employer is in arrears or fails to pay the labor remuneration in full, the worker 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.

  6. Anonymous users2024-02-02

    Legal analysis: 1. Keep all the evidence of supply.

    2. Ask a lawyer to help sue for money in time.

    Legal basis: Construction Law of the People's Republic of China

    Article 7 Before the commencement of the construction project, the construction unit shall, in accordance with the relevant provisions of the State, apply to the people's construction administrative department at or above the county level where the project is located to obtain a construction permit; However, the exception is for minor works below the limit determined by the construction administrative department. Construction projects that approve the commencement report in accordance with the authority and procedures specified in the *** will no longer receive a construction permit.

    Article 8 To apply for a construction permit, the following conditions shall be met:

    1) The approval procedures for the construction project have been handled;

    2) For construction projects in the urban planning area, planning permits have been obtained;

    3) If it is necessary to demolish, the demolition progress meets the construction requirements;

    4) The construction enterprise has been determined;

    5) There are construction drawings and technical data to meet the needs of construction;

    6) Specific measures for the quality and safety of the project;

    7) The construction funds have been secured;

    8) Other conditions provided for by laws and administrative regulations.

  7. Anonymous users2024-02-01

    First of all, you need to confirm whether you belong to an employment relationship, and if the other party is a company or other form of employer, then you can ask the boss to pay severance for the termination of the labor contract in accordance with the labor law. Medical expenses incurred due to personal illness are not the responsibility of the employer.

    The wages of the workers are the legal remuneration of the workers, and the employers are not allowed to deduct the wages for any non-statutory reasons. If the employer fails to pay the employee's remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state, the labor administrative department shall order the employee to pay the remuneration within a specified period of time, and if the employer fails to pay the remuneration within the time limit, it shall order the employer to pay the employee additional compensation at the rate of not less than 50% but not more than 100% of the amount payable.

  8. Anonymous users2024-01-31

    Article 24 of the Civil Procedure Law stipulates that: "A lawsuit arising from a contract dispute shall be under the jurisdiction of the people's court at the place where the defendant is domiciled or where the contract is performed." "It depends on whether at least one of the two is in Qiaokou District, Wuhan City.

    Second, you can apply for pre-litigation property preservation to freeze the defendant's property, and after the judgment is rendered, the frozen property will be used to repay your materials in priority.

    Third: It is only the Big Buddha Construction Company that has a legal relationship with you, and the Big Buddha Construction Company should be directly taken as the defendant.

    Fourth: Same as the first point, if it is indeed under the jurisdiction of the Qiaokou District Court of Wuhan City, his refusal to accept it is not lawful, if not, then the court has the right to refuse or transfer it to the competent court for handling.

  9. Anonymous users2024-01-30

    The company can be sued and an interim measure can be applied for, and its bank accounts or other property can be seized.

  10. Anonymous users2024-01-29

    It is possible to sue at the place where the defendant is located.

  11. Anonymous users2024-01-28

    If you say that it is a company that defaults on its debts, then you will take measures to deal with it. Or leave it to the lawyer's office to deal with, don't worry about it.

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