If the contractor loses money and can t pay the salary, the contractor can t pay the salary at a los

There is a contract to go to court to sue him.

Legal analysis: the project department is not responsible but the construction unit is responsible, according to the requirements of the law, the project money should be supervised by the construction unit and the contractor should be sent to the workers according to the salary book instead of directly to the so-called contractor, and the rest of the profits will be given to him. You can first get them to coordinate and file through the local labor inspection brigade, and if it is useless, you can only go to labor arbitration to file a lawsuit.

The defendant is the construction unit that takes Party A along the way, and Party A is responsible for paying within the scope of the outstanding project payment.

Legal basis: Regulations on Guaranteeing the Payment of Wages to Migrant Workers

Article 16: Where an employer is in arrears with the wages of migrant workers, it shall pay it off in accordance with law.

Article 17: Where units that do not have legal business qualifications recruit migrant workers, and the migrant workers have already paid their labor but have not received wages, it shall be enforced in accordance with the relevant legal provisions.

Article 18: Where an employing unit uses migrant workers dispatched by individuals, units that do not have lawful business qualifications, or units that have not obtained labor dispatch permits in accordance with law, and arrears of wages to migrant workers, the employing unit shall pay them off and may recover them in accordance with law.

Article 19: Where an employer contracts out work tasks to an individual or a unit that does not have lawful business qualifications, resulting in arrears in the wages of the migrant workers it recruits, it shall be enforced in accordance with the relevant laws and regulations. Where an employer allows an individual, a unit that does not have legal business qualifications or has not obtained the corresponding qualifications, to operate in the name of the employer, resulting in arrears in the wages of the migrant workers recruited, the employer shall pay it off and may recover compensation in accordance with law.

If the contractor is in arrears with the wages of the migrant workers, the migrant workers may sue the contractor through litigation and demand that they pay the corresponding missing wages; If a migrant worker forms an employment relationship with a contractor, he or she can also efficiently protect his or her legitimate rights and interests through administrative means, i.e., complaining to the local labor inspection and security management department or applying for labor arbitration to request him to pay wages. Article 24 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Construction Contracts stipulates that where the actual constructor claims rights with the employer as the defendant; The people's court shall add the subcontractor or illegal subcontractor as the third person in the case, and after ascertaining the amount owed by the employer to the subcontractor or the illegal subcontractor for the construction project price, make a judgment that the employer shall bear responsibility for the actual constructor within the scope of the unpaid construction project price.

If the contractor is in arrears with the wages of the migrant workers, the migrant workers may sue the contractor through litigation and demand that they pay the corresponding wages;

If a migrant worker forms an employment relationship with a contractor, he or she can also efficiently protect his or her legitimate rights and interests through administrative means, that is, to file a complaint with the local labor inspection and security management department or apply for labor arbitration to request him to pay wages.

Article 24 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Construction Contracts stipulates that where the actual constructor claims rights with the employer as the defendant;

The people's court shall add the subcontractor or illegal subcontractor as the third party in the case, and after ascertaining the amount owed by the employer to the subcontractor or the illegal subcontractor for the construction project price, make a judgment that the employer shall bear responsibility for the actual constructor within the scope of the unpaid construction project price.

If you are not satisfied with labor arbitration, you can file a lawsuit in court.

Summary. Hello, glad to answer for you. The contractor is unable to pay wages at a loss

The relationship between the contractor and the worker is that of employment and employment, so the worker's salary is not directly related to the contractor's business profit or loss, in other words, regardless of whether the contractor is profitable or not, after completing the work task, the contractor must pay the worker's salary, and it is paid in strict accordance with the amount stipulated in the contract. After the contractor loses money, if he is unable to pay the workers' wages in full, then he needs to negotiate with the workers in advance, give a certain period of time, and promise the workers to pay part of the wages first, and pay the remaining part within a certain period of time; If the contractor still has the strength to pay the wages of the workers after the loss, he must pay the wages of the workers in accordance with the employment contract, and the full amount is paid in a lump sum; Of course, in many cases, there is no formal employment contract between the contractor and the worker, but there will also be attendance records and work results, and if the contractor does not admit the loss after the loss, the worker can collectively go to the labor department to denounce him, or find relevant legal assistance.

Hello, glad to answer for you. The contractor is unable to pay wages at a loss: the relationship between the contractor and the worker is that of hiring and being employed, so the worker's salary is not directly related to the contractor's business profit or loss, in other words, regardless of whether the contractor is profitable or not, after completing the work task, the contractor must pay the worker's salary, and it is paid in strict accordance with the amount stipulated in the contract.

If the contractor is unable to pay the wages of the workers in full, then he needs to negotiate with the workers in advance, give a certain period of time, and promise the workers to pay part of the wages first, and pay the remaining part within a certain period of time; If the contractor still has the strength to pay the wages of the workers after the loss, he must pay the wages of the workers in accordance with the employment contract, and the full amount is paid in a lump sum; Of course, in many cases, there is no formal employment contract between the contractor and the worker, but there will also be attendance records and work results.

If the contractor asks his brother to owe the worker's wages, he may file a lawsuit with the court. The contractor of the project should have an employment relationship with the workers employed. Therefore, if the contractor is in arrears of wages, the worker can directly sue the court and demand that the contractor pay the arrears of wages.

If the contractor still does not pay his wages after the court judgment or mediation takes effect, the worker can apply to the court for enforcement. According to the regulations, the employee may terminate the labor contract by notifying the employer in writing 30 days in advance.

During the probationary period, the employee may terminate the labor contract by notifying the employer of the three-day difference in advance. When terminating an employment contract, the employee complies with the legal procedures by complying with the notice period for termination and notifying the employer in writing.

1. What should I do if I don't pay wages in arrears

1. If the wages of migrant workers are in arrears due to the failure of the construction unit to timely allocate the project funds in accordance with the contract, the construction unit shall advance the arrears of the wages of the migrant workers to the extent of the unsettled project funds.

2. Legal basis: Article 29 of the Regulations on Guaranteeing the Payment of Wages to Migrant Workers.

2. Which department to find for arrears of migrant workers' wages

1. The easiest way is to file a complaint with the local labor law enforcement inspection brigade, and they 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 way is to apply for labor arbitration directly to the local labor administrative department (no fee, no lawyer), and claim compensation from the unit through the award issued by the labor arbitration.

4. If the labor arbitration is not accepted or the arbitration is unfair, a civil lawsuit can be filed with the court within 15 days and directly executed through the court judgment.

5. According to the above means, Suo Minlu can also request the unit to pay you additional compensation according to the standard of 50% to 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law.

According to the provisions of the Regulations on Guaranteeing the Payment of Wages to Migrant Workers, if the wages of migrant workers are in arrears due to the failure of the construction unit to timely allocate the project funds in accordance with the contract, the construction unit shall advance the arrears of migrant workers' wages to the extent of the unsettled project funds. I hope the above content can be helpful to you, if you have any other questions, you can click the button below to consult a professional lawyer.

The company cannot pay wages in the following situations: 1. There is a temporary shortage of working capital and it is impossible to pay the wages of the group. 2. There is an urgent need for funds for larger projects, and the payment of wages has to be suspended.

3. The company deliberately or artificially causes temporary non-payment of wages. 4. The settlement personnel of the company cannot settle if they do not go to work on holidays.

Article 7 of the Interim Provisions on Payment of Wages shall be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, the payment should be made on the nearest working day in advance. Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.