In the field of engineering construction, illegal contracting and subcontracting are very common. The general contractor subcontracts the contracted project to the subcontractor or the contractor, or the subcontractor subcontracts the contracted project to the contractor, and the contractor recruits and organizes the construction of the contractor after contracting the project. The contractor was owed money for the work, leaving him with no money to pay his wages.
Sometimes, the contractor receives the project money but does not pay the migrant workers' wages, and organizes the migrant workers to ask for wages to achieve the purpose of demanding the project money. As a result, it is not uncommon for contractors to lead or represent workers to complain to labor inspectorates about unpaid wages to migrant workers.
Some people believe that the contractor is not a laborer, is not a qualified complainant, and has no right to complain to the labor department. The labour inspectorate only accepts complaints from workers and therefore should not accept complaints from contractors, and will not accept such complaints from contractors.
Paragraph 2 of Article 9 of the Regulations on the Supervision of Labor and Social Security stipulates that "if a worker believes that the employer has infringed upon his or her legitimate rights and interests in labor security, he or she has the right to lodge a complaint with the administrative department for labor security." ”
Paragraph 1 of Article 10 of the Regulations on Guaranteeing the Payment of Wages to Migrant Workers stipulates that "migrant workers who are owed wages have the right to file a complaint in accordance with the law, or to apply for mediation and arbitration of labor disputes and to file a lawsuit." ”
The contractor is not a laborer, not a migrant worker, so he has no right to complain to the labor department about the arrears of migrant workers' wages. In essence, he is hitchhiking on the wages of migrant workers and demanding payment from the contractor for his own work, and he has no right to file complaints on behalf of migrant workers, and usually does not have a power of attorney.
Migrant workers should also entrust other migrant workers to complain on behalf of the complaint, not to the contractor. The contractor shall reflect his or her demands through civil litigation and other means. Therefore, the complaint against the contractor was dismissed.
There is some truth to this view.
However, due to various practical considerations, many places still accept complaints from contractors. The reason is that through the complaint of the contractor, the labor department learned that the migrant workers were owed wages, and the migrant workers did not get the money. The purpose of the acceptance is to solve the problem of migrant workers' wages.
When the labor inspectorate discovers the problem, it takes proactive action and does not necessarily wait for the migrant worker to complain before solving the problem. If the problem is not solved, the migrant workers will still come to complain sooner or later, or even complain and petition everywhere, and sooner or later it will be your labor inspector's business.
If you don't take the initiative to solve the problem, maybe the superiors will also assign and supervise you to solve it, and public opinion, major cases, extreme events, and mass incidents are all things. Instead of waiting passively, you can proactively solve the problem. Resolve the problem in the bud, at least avoid the small things from dragging on and the big things from exploding.
The contractor's complaint provides clues to the labor inspectorate and can be regarded as a report, and the labor inspectorate has the right to investigate and deal with the clues of the violation.
Paragraph 1 of Article 9 of the Regulations on the Supervision of Labor Security stipulates that "any organization or individual has the right to report to the administrative department for labor security any violation of laws, regulations or rules on labor security." ”
Paragraph 2 of Article 10 of the Regulations on Guaranteeing the Payment of Wages to Migrant Workers stipulates that "any unit or individual has the right to report to the administrative department of human resources and social security or other relevant departments any act of arrears in the payment of wages to migrant workers." ”
Whether it is a complaint or a report, there is no need to be so clear. In short, when the problem comes to the labor department, do you solve it or not?
After receiving the above-mentioned complaint from the contractor, there may be two ways to deal with the labor inspection:
The first is to trace back to the source. Migrant workers are owed wages, usually caused by the construction unit, general contractor or subcontractor in arrears of the contractor's project payment, so the labor inspector orders the construction unit, general contractor or subcontractor to pay off the arrears of wages. While solving the problem of migrant workers' wages, it objectively helped the contractor to solve the problem of arrears of project funds.
Migrant workers and contractors were all happy. This is exactly what the contractor wants to achieve through complaints. The goal of the labor department is to solve the problem of migrant workers' wages.
The second is to invite you into the urn type. The contractor came to complain about the arrears of wages of the migrant workers, and after investigation, the migrant workers were indeed owed wages. Migrant workers are recruited by your contractor, and you are directly responsible for the arrears of migrant workers. So the labor department ordered the contractor to pay off the migrant workers' wages.
Some contractors refused to pay their money even though they had money, and some ran away and hid, and were ordered by the labor department to pay compensation or fines, and were even investigated for criminal responsibility, and were sentenced for the crime of refusing to pay labor remuneration. The foreman of the contractor backfired, and the bamboo basket was empty. Originally, he wanted to negotiate the project money by cooperating with the migrant workers, but in the end he became the main body of responsibility.
Please enter the urn type can effectively crack down on the malicious arrears of migrant workers' wages by the contractor. However, some contract foremen do not have much malice, they just want to ask for money with migrant workers and solve the common problems of migrant workers and contract foremen.
The contractor himself had no money, and he was paid off within a time limit, punished, or even transferred to the public security for criminal responsibility, but he still couldn't come up with the money. The problem of peasant workers has still not been resolved, and the root cause of the arrears is how easy it is for the construction units, general contractors, and subcontractors who illegally issue or subcontract contracts to stay out of the matter and get away with it.
So, should the contractor's complaint about arrears of wages be accepted, and how should it be dealt with? What is your point of view, and what choice will you make? Welcome to leave a comment and tell us your choice and reasons.
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