What happens if the contractor is not on the site

It depends on the big bag foreman.

Or a small package foreman.

Generally, there is a shift under the big contract foreman, so there is no need to be stationed, and because of multiple projects, you need to run around.

The small package foreman must be on the construction site, otherwise the work is not done well or done wrong, not only will it be troublesome to rework, but also be scolded by the manager.

A contractor is a contractor who works on the works.

You can make money by controlling the cost of a project within the contract price issued by the project construction party, which generally belongs to the construction and decoration industry.

The contractor, as the name suggests, takes over the work and recruits people to do the work, and he himself is in charge, which is a special "product" under special historical conditions. When the city develops, it needs a large number of migrant workers.

When the surplus labor force in the rural areas urgently needed to go to the city to find a job, the contract foreman came into being as a job introduction to meet the needs of both supply and demand. In the impression of many people, the contractor is often regarded as an "exploiter" who makes a fortune by extracting the blood and sweat of migrant workers. Some people believe that the "contract foreman" is not the "main culprit" of the arrears of wages for migrant workers, but only a link in the chain of arrears of wages, not the source.

It cannot be denied the fact that the "contractor foreman" is still a hot spot of complaints and one of the subjects of wage arrears in the construction labor market. The Ministry of Construction has decided to establish a basic standard of construction labor subcontracting across the country in three years.

System. The "contractor foreman" will be replaced by a "labor representative".

It depends on whether you are a big package foreman or a small package foreman, there is a shift under the big package foreman, so there is no need to be resident, and it is impossible to take only one project, so it must run around. The words of the small package foreman have to be there, otherwise it will be troublesome to rework if the job is wrong, and the manager will definitely scold.

What should I do, the boss doesn't come every day.

Legal Analysis: Yes. If an employer owes an employee wages, the employee has three ways to request payment of wages:

1. Workers can file complaints with the local human resources and social security bureau for labor inspection; Pros: Simple way. Cons:

Enforcement may not be very strong in various places; 2. You can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request 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.

Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

3. If there is an IOU, you can directly sue the court to demand the payment of the salary amount in the IOU.

Basis of the Law: Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and employees within the territory of the People's Republic of China: (1) disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor model protection; (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.; (6) Other labor disputes as provided for by laws and regulations.

Article 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the lawful rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation: (1) deducting or defaulting on the wages of the worker without reason; (2) Refusal to pay wages for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard.

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

Hard, hard.

The contractor is mainly to manage the migrant workers under his hands, arrange the distribution of personnel, and settle the wages of the workers.

At the end of the year, the contractor first asks the construction unit for money, and then distributes the money to the workers according to the workload of each worker. Of course, it is not excluded that they will run away after taking the money.

In the early years, there was a lot of construction at that time, and there were quite a lot of migrant workers, and there was no shortage of work for the contract foreman. Generally, a village organizes dozens of people, and it can earn a lot of money a year, but in recent years, it has not worked, and the industry has to be gradually standardized. Therefore, most of the so-called contract foremen have to drag labor companies to migrant workers.

There are two kinds of contract foremen, one is called the contract foreman who leads a group of people to do things, and the other is a regular construction company with construction qualifications, which is also a contract foreman.

Generally, most of our verbal contractors are the first type, who do not have construction qualifications, and are attached to the project manager under the name of a construction company, and manage the construction site through the construction company to undertake the project, and are usually responsible for the contracting of a type of work, such as carpentry, hydropower, fire construction, etc.

The vast majority of our country belongs to the first type of operation, which is an illegal operation prohibited by the state, and is one of the main reasons for the arrears of migrant workers' wages, because the project money is in the account of the affiliated company, not in the hands of the contractor, and it is easy to be misappropriated for other purposes.

The project manager is generally the head of the entire construction site, and is the person in charge of the general contractor of Party B's construction company, and all the work of the contractor should theoretically report to the project manager.

Most contractors are actually small bosses, and they generally have their own construction team leaders to help keep an eye on the construction site, and they are mainly responsible for solving and maintaining various relationships, looking for money, resources, people, and jobs.

Legal analysis: If there is an accident on the construction site, the contractor needs to bear some responsibility. The relationship between a migrant worker and a contractor is an employment relationship, and if an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer accepts the contract, or the employer of the subcontracting business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation.

The contractor is liable for personal injury and needs to compensate for medical expenses, transportation expenses, lost work expenses and other expenses. If the worker's injury is caused by a third party outside the employment relationship, the worker may claim that the third party is liable for compensation. Xiang Chi Zai.

Legal basis: Article 1192 of the Civil Code of the People's Republic of China Where a labor relationship is formed between individuals, and the party providing the labor service causes damage to others due to the labor service, the party receiving the labor service shall bear tort liability. After the party receiving the service bears tort liability, it may recover compensation from the party providing the service intentionally or with gross negligence.

If the party providing the service suffers damage due to the service, it shall bear the corresponding liability according to the fault of both parties. During the period of providing services, if the act of a third party causes damage to the party providing the services, the party providing the services has the right to request the third party to bear tort liability, and also has the right to request the party receiving the services to compensate. After receiving compensation from the labor party, it may recover from a third party.

It is not too useful for the contractor to go to the project department in arrears of wages.

If the employer deducts wages, the employee can first negotiate a settlement, and if the negotiation fails, he can file a complaint with the labor inspection brigade or apply for arbitration to settle the problem.

Workers who are in arrears of wages at the construction site can take the following measures:

1. The employee can negotiate with the employer.

2. If you complain or report to the Ministry of Labor and Social Security, the labor inspection brigade shall order you to pay within a time limit, and if you fail to pay within the time limit, you may request additional compensation, and the standard of compensation shall be between 50% and 100% of the amount payable.

3. Apply to the Labor Dispute Arbitration Commission for labor arbitration, request for termination of labor relations and payment of wages and economic compensation. If you still want to maintain the employment relationship, you can only ask for payment of wages.

Legal basis

High Bureau of Labor Contract Law of the People's Republic of China

Article 30 [Labor Remuneration] The employer shall pay the labor remuneration to the worker in full and in a timely manner in accordance with the provisions of the labor contract and the provisions of the state.

If the employer 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. Article 47 [Calculation of Economic Compensation] Economic compensation shall be paid to the worker according to the number of years he has worked in the unit and the standard of one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract. Article 62: [Obligations of Employing Units]Employing units shall perform the following obligations:

1) Implement national labor standards and provide corresponding labor conditions and labor protection;

2) Inform the dispatched laborer of the work requirements and labor remuneration;

3) Pay overtime pay and performance bonuses, and provide job-related benefits;

4) Conduct the necessary training for the dispatched workers on the job;

5) In the case of continuous employment, the normal wage adjustment mechanism shall be implemented.

First, be bold, in today's society, it is not easy to withdraw money, and many projects are particularly risky to not get money.

Second, you should have many friends, and you are usually willing to give gifts and gifts, and you must not offend the top and bottom.

Third, you must have strong organizational skills, and you can find someone to do it for you when you receive the project. If you can't find someone to do something for you, you can't do it alone.

Fourth, if you can arrange, you can't make money if you don't arrange, Party A has professional people to calculate the accounts, and you won't arrange it and you will lose.

Fifth, it is not easy for workers to work with funds, they have to support their families, and if you can't get a salary for a week, you will have to stop working.

Sixth, the most important thing is integrity, when it comes to doing it, the quality must be done well, and the relationship will be settled and the project will continue to be accepted later. You should also be especially trustworthy to the workers, people are not stupid, if you mess around once, you will ruin your reputation, it is not worth it.

The first condition for being a contractor is to be able to take over the work, and if there is no work to do, then the contractor is an "empty commander". And to take over the job, you must have a certain number of contacts, commonly known as the relationship, the relationship must be in place, tobacco and alcohol are indispensable, even if you have a good relationship with Party A, it must also be "meaning", absolutely not "empty gloves white wolf". Otherwise, even if this time the life is given to you, there is no hope for the next time, this is the social reality.

Secondly, there must be a good on-site administrator, after the work is taken, to enter the site to work, there must be a person with good quality, understand technology, can manage, and trust himself very much to be responsible for the site and be responsible for all the management of the construction site, technical work, flow account, procurement, catering, scheduling and other affairs. There are not so many management personnel on the construction site of the contractor, otherwise the cost will be very large, and there must be a construction worker who will manage the technology, construction, water and electricity, budget, etc. for you.

Third, there must be a certain amount of liquidity, such as house rent, water and electricity bills, food expenses, vehicle expenses, and even the wages of workers in the first few months. The current construction is paid according to the schedule, and the construction site is only ready to start in the first few months, and there may not be much progress, but the cost cannot be arrears.

Fourth, the skin should be thick and able to grind, that is, to be able to get money from Party A. People nowadays are short of money. Sometimes it is impossible to give you money if it is not happy, and he may put it in the bank or somewhere else.

If the money does not go well, the progress of the project cannot be guaranteed. Now there are so many unfinished buildings are a good example, and there is no money to get them. When asking the boss for money, you must not be soft, stick to your own principles, he will grind if he doesn't give money, and he won't leave until he gives it.

Fifth, be ready to rip off at any time, because of the reason of subcontracting and subcontracting, many times, a sub-project is basically contracted to several people, and some drawbacks in the contract will cause tearing when the final settlement is made. Get ready for such a foundation, and some will quarrel in the future. Therefore, the issue of the contract is very important, and it is very important to sign the contract, but in the current situation, Party A is very strong, and it is difficult for the contractor to sign it according to the normal procedures, so it is necessary to grind hard and strive for more benefits.

Sixth, safety is very important, now in order to save money, there is generally no construction insurance, in case of an accident, then the project is done in vain, there are still many residual problems if it is not good, and it will be "dirty for 10,000 years".

Seventh, it is necessary to be good for the workers, and they must go to see more places where the workers live, their accommodation environment must be good, the meals of the food group should be in line with the taste, and the workers and masters should eat and live comfortably, and of course they will be comfortable to work. Wages should be paid on time. In this way, we can ensure that the work is done well.

If the workers are emotional, there are not only unsafe hidden dangers, but also cannot guarantee the progress of the project.