The foreman led dozens of workers to participate in the construction of the Tongchuan Zhaojin Forest Fire Protection Project, and the negotiated labor cost was capped at 90%, and the remaining 10% was paid within 6 months. However, because it is a "state-owned enterprise" construction, they have repeatedly asked the affiliated party or the affiliated party for demand, and the remaining 300,000 labor fees have not been paid for 10 months.
Mr. Shen led the workers last year, and the image left during his work
Pick up work: sign contracts with other labor companies to carry out construction projects for the capacity building of fire brigades
On October 9, 34-year-old Mr. Shen told a reporter from Huashang Daily Gale News that as early as May 2023, he undertook the Tai'an Town and Tongchuan Zhaojin Forest Fire Protection Project in Yijun County, Tongchuan City, Shaanxi Province through an acquaintance, and the person in charge of the site, Fan, was in charge.
"At that time, I negotiated the main labor subcontracting of buildings 1, 2 and 3 of the fire station and the pool, and I mainly organized carpentry, rebar workers, and concrete workers to work. After two negotiations and an agreement, I signed a contract with Shaanxi Lingnan Labor Service, the contract period is 5 months, the payment method is the main body cap to settle 90% of the labor fee, and the remaining 10% to be paid within 6 months. ”
The contract provided by Mr. Shen shows that the project name: Building 1, 2 and 3 of the local forest firefighting team capacity building project in Zhaojinlin District, Shaanxi Province. Project location: Tai'an Town, Tongchuan City. Project Overview: Building 1 has three floors and inclined roofs, and Building 2 and Building 3 are all one-story and inclined roofs. Settlement and payment methods: 1. Settlement audit procedures, on the 25th of each month, Party B shall declare according to the actual amount of work completed, and Party A shall accept the completion in a timely manner and report to the company. 2. Payment method: 70% of the monthly progress of the project will be paid, the main structure will be capped to 90%, and the remaining 6 months will be paid. Payment: Party A is Shaanxi Lingnan Labor Service Co., Ltd., and Party B is Shaanxi Wenbo Hongyi Industrial Co., Ltd.
Helpless: 300,000 labor fees were owed for 10 months, and it was difficult to get involved in construction
Mr. Shen said that before signing the contract, he checked the bidding network, "Shaanxi Province Zhaojinlin District Local Forest Fire Brigade Capacity Building Project First Bid Construction Bidding, Second Bid Section Supervision Bidding" shows that the bidding project Zhaojinlin District Local Forest Fire Brigade Capacity Building Project, Shaanxi Province, the tenderer (project owner) is Tongchuan City Jianju Shantytown Reconstruction Engineering Co., Ltd., the construction funds come from finance and self-raising, and the project contribution ratio is 100.00% through multiple channels.
Mr. Shen said that through the public bidding network, they knew that the project was a government procurement project and the funds were in place, so they were relieved to work boldly. However, their workers began to enter the site in July 2023, and the construction was completed at the end of December and left the site one after another, and the total labor cost of the settlement statement was 1776983 yuan, and after many requests, the remaining 300,000 labor fees were owed for up to 10 months.
Mr. Shen said that because the labor workers were organized by him at that time, and now the workers keep asking him for money, he really has no choice, and has repeatedly complained to the labor inspection brigade in the jurisdiction, and Party A uses various reasons to prevaricate.
Mr. Shen said that during the construction and labor payment process, he learned that the Shaanxi Lingnan Labor Service Company with which he signed the contract was Tongchuan Urban Construction Engineering Co., Ltd. (hereinafter referred to as Tongchuan Urban Construction), a local state-owned enterprise.
Mr. Shen said that when he asked the project leader for labor fees, the person in charge said that the company did not have the money now. For the general contractor, Tongchuan Urban Construction, is only affiliated with the general contractor, even if the workers ask the general contractor for money, they will not care, and they will solve it in the end.
Questioning: Industry insiders say that "affiliation" and "affiliation" are both suspected of violating the law
What behaviors of construction enterprises will be recognized as qualification affiliation? What kind of penalties will be faced?
A reporter from Huashang Daily Gale News interviewed a senior person in the industry, who said that there were many affiliations in the engineering field in the past, but later because of a large number of problems, especially after some major accidents, they began to strictly prohibit it.
According to the industry insider, everyone knows that the qualification of construction enterprises is illegal. However, what kind of behavior will be considered as affiliation? According to the Administrative Measures for the Identification, Investigation and Punishment of Illegal Acts such as Subcontracting and Illegal Subcontracting of Construction Projects (for Trial Implementation), the following circumstances are identified as "affiliation":
Units or individuals without qualifications borrow the qualifications of other construction units to contract projects; Qualified construction units borrow qualifications from each other to contract projects, including those with low qualification levels borrowing from those with high qualification levels, those with high qualification levels borrowing from low qualification levels, and those with the same qualification level borrowing from each other; The project leader, technical leader, quality management leader, and safety management person in charge of one or more persons dispatched by the construction unit at the construction site have not signed a labor contract with the construction unit, or have not established a labor wage or social pension insurance relationship
According to the industry insider, in fact, the competent government departments will face penalties for the affiliated behavior, whether it is the affiliated party or the affiliated party, and if the circumstances are serious, the qualification certificate will be revoked. If it involves certificate affiliation, the registration certificate may be forcibly cancelled after being found, and the registration will not be allowed for three years, and it will be included in the blacklist.
Response: The person in charge of Lingnan Labor promised to settle part of the expenses by the end of the month
Mr. Shen provided that his conversation with the person in charge of Lingnan Labor Service in Shaanxi Province showed that the other party repeatedly admitted that they were only attached to Tongchuan City Construction, and asked the workers not to go to the general contractor to ask for labor fees, and the final result was Shaanxi Lingnan Labor Service to solve the difference in labor costs.
On October 11, the reporter contacted the person in charge of labor services in Lingnan, Shaanxi, and he introduced that Mr. Shen did do labor services here, and there was still a gap of more than 300,000 yuan, and he planned to pay more than 100,000 yuan before the end of the month, and then find a way to solve it. As to whether Shaanxi Lingnan Labor Service is affiliated with the general contractor Tongchuan Urban Construction Co., Ltd., it did not give a positive answer. The person in charge said that even if Mr. Shen and his family went to the general contractor Tongchuan City Construction to ask for it, in the end they (Shaanxi Lingnan Labor Service) would settle the cost.
On the same day, the reporter contacted Tongchuan Urban Construction, and the staff admitted that many workers reported the labor costs involved in the project, but did not respond to the "affiliation" issue.
On October 14, Mr. Shen reported to the Tongchuan Municipal Bureau of Housing and Urban-Rural Development in his real name that Tongchuan Urban Construction Company, the general contractor of the Tongchuan Zhaojin Forest Fire Protection Project, was the affiliated unit, and hoped that the government regulatory authorities would intervene in the investigation.
If the investigation and punishment of "affiliation" is true, an administrative penalty shall be imposed
According to Zhang Haixing, a lawyer at Kangda (Xi'an) Law Firm, the employer of the construction project involved by Mr. Shen is Tongchuan Jianju Shantytown Reconstruction Engineering Co., Ltd., the general contractor is Tongchuan Urban Construction Co., Ltd., and Shaanxi Lingnan Labor Service is subcontracted to Mr. Shen. Mr. Shen completed the construction of the project as the actual constructor, and Mr. Shen could claim the arrears of his labor payments against Shaanxi Lingnan according to the subcontract. If the employer fails to pay the project payment to the general contractor on time and in full, resulting in the arrears of Shaanxi Lingnan labor services, Mr. Shen can also take the employer as the defendant and add Shaanxi Lingnan Labor Service and the affiliated party Tongchuan Urban Construction Co., Ltd. as a third party, and the court will find out the payment of the project by the employer, and if the employer is in arrears, the employer Tongchuan Jianju Shantytown Reconstruction Engineering Co., Ltd. may be required to bear the liability for repayment to Mr. Shen within the scope of the outstanding project labor fees.
As for the general contractor pointed out by Mr. Shen is affiliated to Tongchuan Urban Construction Co., Ltd., the local housing and construction management department can investigate and punish the situation in accordance with the Construction Law and the Administrative Measures for the Identification, Investigation and Punishment of Illegal Acts of Construction Contracting and Contracting.
Huashang Daily Gale News
(Source: Huashang Daily Gale News)
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