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Loss-making contractor foreman.
I really can't come up with the money to pay for it, of course you need to go to jail, and after you get out of jail, you have to pay back the money.
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Yes, if the civil lawsuit is successful, you need it.
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If the court orders him to pay, he can use his assets to pay the debt, or his son will pay it back, but his son does not need to go to jail.
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According to the current labor law, it is not allowed to default on the wages of migrant workers, and if you really can't pay them, you must take the initiative to negotiate with the migrant workers and negotiate the payment date. Otherwise you're really going to jail.
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Look at what money. The contact surface is also different. The private one is an economic dispute. Banks are going to be blacklisted. Possible jail time. Not long, though.
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There are no conditions, as long as the company is affiliated with you, you can handle and pay social security. According to the current policy trend, it is necessary to transfer to social security, which is slightly different from place to place, and there are also those who do not need to transfer to social security. Let's see what others have to say.
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The father's debt to the son has been repaid, and now there is no more, and the son does not have to go to jail.
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The employer shall pay the wages in full and on time in accordance with the amount agreed in the labor contract, and the wage payment cycle shall not exceed one month at the longest, and shall not deduct the wages of the employee without reason, otherwise it shall pay the arrears of wages and late payment fines. Article 50 of the "Labor Law" stipulates that wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Article 7 of the Interim Provisions on the Payment of Wages Article 7 Wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.
Labor dispute mediation.
Article 9 of the Adjudication Law stipulates that if an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or defaulting on medical expenses, economic compensation or compensation for work-related injuries, the employee may file a complaint with the labor administrative department, which shall handle the matter in accordance with the law. Labor disputesDisputes between parties to labor relations are also known as labor disputes. Some of them are disputes over established rights, i.e., disputes arising from the application of labor laws and the established content of labor contracts and collective contracts; Some of the disputes that arise in connection with the claim for new rights, such as disputes arising from the establishment or modification of working conditions.
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However, if a worker sues the contractor, the contractor has transferred property and refuses to enforce the property, he may be questioned for refusal to enforce the judgment. Article 313 of the Criminal Law refers to refusal to enforce a judgment or ruling after knowing that there is an ability to enforce a judgment or ruling of a people's court but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. Where a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person in charge and other persons directly responsible for it shall be punished in accordance with the provisions of the preceding paragraph.
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Legal Analysis: Possible jail time. If there is no effect, multi-departmental joint legal aid will help migrant workers sue and recover, if they still fail to arrive, the contractor may be investigated for criminal responsibility and eventually imprisoned.
On the basis of article 276-1 of the Criminal Law, where the payment of laborers' labor remuneration is evaded by means such as transferring property or escaping, or where there is the ability to pay but not paying 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, a sentence of up to three years imprisonment or short-term detention is to be given, 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.
Legal basis: Article 276-1 of the Criminal Law of the People's Republic of China Whoever, by means of transferring property, escaping, or other means to evade the payment of laborers' labor remuneration or who have the ability to pay but fail to pay laborers' labor remuneration, and the amount is relatively large, and the payment is still not paid 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, or if 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.
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In life, many companies do not pay the project cost to the contractor, and the contractor cannot pay the wages of the workers, so at this time, they can protect their legitimate rights and interests through legal means. And no matter what kind of cooperation project it is, there is a contract, and you can take the contract to find the other party and ask the company to pay. If the other party makes it clear that their funds cannot be turned, it is necessary to determine an accurate date at this time.
You must know that in the real estate industry, most of the contractors pay wages, and only in this way can workers get their own wages. However, some contractors will default on the wages of these employees on the grounds that the company does not pay for the project, so the employees are also powerless. Therefore, when this happens, it is necessary to divide the responsibility for the matter, and if it is the responsibility of the company, then the workers can unite at this time, collect the evidence of non-payment of wages, and then take it to the local court for appeal.
If the other party's attitude is better, indicating that there is something wrong with their funds, and postpone it for a month or two months before giving wages, at this time, everyone should not be unreasonable. You can wait until the time comes, and if the specified time arrives, and the salary is still not paid, it can only be solved through the coordination of the corresponding department. In addition, once the company does not pay the salary to the contractor, then the contractor is also obliged to pay the employee's salary, which can be said to be a very obvious triangular debt.
Moreover, the state has corresponding safeguards for employees' wages, so employees can take police measures. <>
Finally, I would like to say that wage arrears are still relatively common in life, so everyone must not put up with it. In daily life, you should also read more law books, so that you can solve problems well. Moreover, arrears of wages for migrant workers is an illegal act, so everyone must not swallow their anger, let alone be suppressed by the contractor, and only by calling the police or appealing can they help themselves get their wages.
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The company does not pay the project cost to the contractor, and the contractor cannot pay the wages of the workers, and the contractor can require the company and the contractor to bear joint and several liability, *** Article 36 of the Regulations on the Wage Protection of Migrant Workers If the construction unit or the general construction contractor contracts or subcontracts the construction project to an individual or a unit that does not have legal business qualifications, resulting in arrears of migrant workers' wages, the construction unit or the general construction contractor shall pay off.
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In this case, it is necessary to ask the contractor to report to the local labor department, and the labor department will ask the company to pay the fee.
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At this time, workers can report to the relevant departments to protect their rights and interests, or they can call the police to let ** intervene, and they can also put them online.
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Summary. Hello, it is a pleasure to answer for you, if the behavior of the contractor is suspected of violating the law or committing a crime, he may be held criminally responsible and may face the risk of jail time. Whether or not they will be sentenced depends on the nature, circumstances, and circumstances of their illegal acts.
Generally speaking, if the contractor is suspected of committing a crime, he will conduct an investigation and report the case to the relevant judicial authorities for processing. If sentenced, the contractor will be sent to prison to serve his sentence. It is recommended that the contractor abide by relevant laws and regulations in his work and try to avoid illegal and criminal acts.
Hello, I am happy to answer for you, if the contractor's behavior is suspected of violating the law or committing a crime, he may be held criminally liable and can put the air energy at risk of jail time. Whether or not they will be sentenced depends on the nature, circumstances, and circumstances of their illegal acts. Generally speaking, if the contractor is suspected of committing a crime, he will conduct an investigation and report the case to the relevant judicial authorities for processing.
If sentenced, the contractor will be sent to prison to serve his sentence. It is recommended that the contractor abide by relevant laws and regulations in his work and try to avoid illegal and criminal acts.
Hello, if the contractor is unable to pay the workers due to poor management or other reasons, this is not illegal in itself. However, if the contractor deliberately defaults on the wages of the workers or deceives the workers so that they do not get due remuneration for their labor, the company is suspected of violating the law. According to the relevant laws and regulations of China, if the contractor defaults on the wages of the worker, it will be regarded as a violation of the provisions of the labor contract and will be subject to corresponding civil liability and economic compensation.
If the arrears of the banquet pay cause the worker's living difficulties or other losses, the contractor may face criminal liability. However, if the contractor does his best but is unable to pay his wages for financial reasons, he is unlikely to be sentenced. It is suggested that the contractor should be honest and trustworthy in the process of operation, arrange funds reasonably, and avoid wage arrears.
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Summary. Hello dear! May I ask if the contractor has lost money and is not paid now?
Hello. Hello dear! May I ask if the contractor has lost money and is not paid now?
The contractor is unable to pay the workers, and then the workers sue the court, and what happens to the court.
Dear, are you a worker, or a foreman, and whether you have signed a subcontracting agreement.
In this case, the foreman will not go to jail. After arrears of migrant workers' wages, first of all, the local labor supervision and infiltration inspection brigade will intervene in mediation and find a way to help clear the claim.
However, if the contractor has transferred property, he may be held criminally responsible and eventually imprisoned.
According to the provisions of Article 276-1 of the Criminal Law, where the payment of a laborer's labor remuneration is evaded by means such as transferring property or escaping, or where the ability to pay is not paid, and the amount is relatively large, and the relevant department still fails to pay it, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where speculation causes serious consequences, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.
Legal basis: Article 276-1 of the Criminal Law of the People's Republic of China Where the method of transferring property, escaping, etc., evades the payment of laborers' labor remuneration or has the ability to pay but does not pay laborers' labor remuneration, and the amount is relatively large, and the payment is still not paid after being ordered to do so by the relevant departments, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where serious consequences are caused, the sentence is to be between three and seven years imprisonment and a fine.
Go to the labor office and get your contract.
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There is a contract to go to court to sue him.
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