The contractor maliciously absconded with the money, and the wages of the migrant workers were more

Updated on Three rural 2024-04-04
6 answers
  1. Anonymous users2024-02-07

    Find a labor subcontractor, but remember to gather evidence.

  2. Anonymous users2024-02-06

    Legal analysis: The contractor ran away with the money and constituted a crime. If the contractor runs away with the money and owes a large amount of wages to migrant workers, he is guilty of a criminal offense.

    Whoever evades the payment of laborer's labor remuneration by means such as transferring property or escaping, or has the ability to pay but does not pay laborer's labor remuneration, and the amount is relatively large, and the payment is still not made after being ordered to do so by the relevant department, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine.

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

    Article 276 Whoever, for the purpose of venting anger or revenge or other personal purposes, destroys machinery and equipment, mutilates farm animals, or destroys production by other means, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release; where the circumstances are serious, the sentence is between three and seven years imprisonment.

    Article 276-1 Whoever evades the payment of laborers' labor remuneration by means such as transferring property, escaping, etc., or has the ability to pay but fails to pay laborers' labor remuneration, and the amount is relatively large, and the payment is still not made after being ordered to do so by the relevant departments, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph. Where there are acts in the preceding two paragraphs, but serious consequences have not yet been caused, and the laborer's labor remuneration is paid before the public prosecution is initiated, and the corresponding liability for compensation is borne in accordance with law, the punishment may be commuted or waived.

  3. Anonymous users2024-02-05

    Legal analysis: It needs to be viewed on a case-by-case basis.

    If the developer or general contractor has been trusted to get the progress payment for the purpose of illegal possession, and then runs away, it is a crime of fraud.

    If the temporary intention is to take the payment, and Henghe does not carry out the construction work of the stove god stipulated in the terms of the contract, it is a civil breach of contract.

    If the contractor runs away with the money and the amount of wages owed to the migrant worker is relatively large, it constitutes the crime of refusing to pay labor remuneration.

    Legal basis: "Criminal Law of the People's Republic of China" Article 276 Whoever evades the payment of laborers' labor remuneration by means such as transferring property or escaping, or who has the ability to pay labor remuneration without making a defense, and the amount is relatively large, and still fails to pay it after being ordered to do so by the relevant departments, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

  4. Anonymous users2024-02-04

    Summary. Hello dear, dear, hello. We will be happy to answer your <><

    The foreman of the contractor ran away with the money, and the salary could be asked for by the company. Legal analysis: If the contractor runs away, the worker can go to the local labor bureau for labor inspection; You can go to the local labor bureau to apply for arbitration and demand payment of wages.

    If you do not have an employment contract, you can demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments. If the construction unit still refuses to pay after the labor arbitration award, the migrant worker may apply to the court for compulsory enforcement with the labor arbitration award; If it is a job for an individual, it is not considered an employment relationship, and you can directly go to the court to sue the individual boss and demand payment of labor remuneration.

    The foreman of the contractor ran away with the money, and asked for the salary.

    Hello dear, dear, hello. I'm glad to answer your <><

    The foreman of the contractor ran away with the money, and the salary could be asked for by the company. Legal analysis: Bao erected a noisy foreman and ran away from the laborer, so Yu Chun could go to the local labor bureau for labor inspection; You can go to the local labor bureau to apply for arbitration and demand payment of wages.

    If you do not have an employment contract, you can demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments. If the construction unit still refuses to pay after the labor arbitration award, the migrant worker may apply to the court for compulsory enforcement with the labor arbitration award; If it is a job for an individual, it is not considered an employment relationship, and you can directly go to the court to sue the individual boss and demand payment of labor remuneration.

    Legal basis: Article 91 of the Labor Law of the People's Republic of China If an employer infringes on the legitimate rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may order the payment of compensation: (1) deducting or delaying the employee's wages without reason; (2) Refusing to pay wages and remuneration for extended working hours to workers; (3) Rolling the wages of the workers are lower than the local low wage standard; (4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.

    Dear, what is the amount of salary on your side?

    What happens if the labour inspection is not accepted?

    This is where you can apply for labor arbitration, and you can protect your legitimate rights and interests through labor arbitration.

    If the relevant unit does not accept the complaint, which department can complain to?

    to the court to file a lawsuit.

    It is useless to which department you this TS to.

    What is the approximate amount of money to be recovered from your side.

  5. Anonymous users2024-02-03

    Summary. Hello, I'm glad to answer for you, the contractor ran away with the salary to find the construction company that gave the project to the contractor. The employer shall pay the wages directly to the employee, and cannot settle the settlement with the contractor, and if the employer gives the money to the contractor, the employee can continue to demand the employer to pay the wages.

    Hello, I'm glad to call for you to answer, the contractor ran away with the salary to find the construction company that gave the project to the contractor. If the employer gives the money to the contractor, the worker can continue to demand the employer to pay the wages. <>

    Hello, you first negotiate with the construction unit of the trousers, and if the negotiation fails, you can directly call ** to the labor law enforcement inspection brigade to complain. They supervise and inspect employers and order them to pay their arrears of wages. If you are not aware of the rent compensation, you can apply to the court to enforce it. <>

    Hello, according to Article 77 of the Labor Law, in the event of a labor dispute between an employer and an employee, the former parties may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law. The principle of conciliation is applicable to arbitration and litigation proceedings. <>

  6. Anonymous users2024-02-02

    Summary. Hello dear! If the contractor runs away with the money, the worker can file a complaint with the labor inspection department or the labor dispute arbitration commission and apply for arbitration.

    In addition, workers can also recover unpaid wages through legal means, such as suing the contractor or the company. During this process, it is recommended that workers keep relevant evidence, such as pay slips, labor contracts, etc. <>

    Hello dear! If the contractor escapes with the money, the worker can file a complaint with the labor supervision department or the labor dispute arbitration commission and apply for arbitration. In addition, workers can also recover unpaid wages through legal means, such as suing the contractor or the company.

    In this process, the workers should keep relevant evidence, such as wage slips and labor contracts. <>

    What to do without a contract.

    Hello dear! If the worker has not signed an employment contract, he or she can prove that he or she has a working relationship with the contractor through other evidence, such as work logs, payroll records, work location, etc. If the worker is unable to provide such evidence, he or she may consider seeking legal assistance or consulting with the labour inspectorate to see if there is any other evidence available to prove his or her employment relationship and right to wage recovery.

    However, it is important to remind everyone that signing an employment contract can provide more powerful evidence support for workers in wage disputes, so it is recommended that workers and contractors sign an employment contract before starting work. <>

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