In the case of working on a construction site, it often does not constitute an employment relationship, and the contractor rarely directly hires employees to work, and generally provides labor services to the contractor by subcontracting the labor services to the contractor, and the contractor then hires migrant workers to do things. In this case, in the event of a dispute between the contractor and the contractor or the contractor's failure to pay the labor fee on time, the wages of migrant workers are easily arrears, and it is important to choose the correct way to deal with the arrears of migrant workers' wages.
1. Complain to the labor inspection department and construction department where the construction project is located and report the illegal act of arrears of wages at the construction site, at present, the construction site must pay the guaranteed wages of migrant workers in advance before the start of construction, and the labor inspection and construction department is the competent department, in this case, the complaint and report can be coordinated and handled under normal circumstances.
2. Require the contractor to write an IOU, which indicates the amount of wages, the name of the construction site, the ID number of the contractor, the signature of the contractor, the ID address of the contractor, and the ID card of the contractor, if the contractor does not cooperate (you can report to 110 police ** for assistance), the contractor writes the IOU, and directly goes to the people's court where the project is located to sue the contractor and the contractor for wages. IOU Template "IOU Today, I owe Wang Xiaoming 30,000 yuan in carpentry wages, which is Wang Xiaoming's salary for the installation of templates in the first phase of Meimei Garden, Zhanggong District, Ganzhou City, and I promise to pay it off on December 30, 2023. Today's debtor: Zhang Xiaoming ID number: 00000000000011111, address: Room 101, Hongqi Avenue, Zhanggong District, Ganzhou City, Jiangxi Province October 20, 2023".
Basis of laws and regulations: Regulations on Guaranteeing the Payment of Wages to Migrant Workers
Article 26 The general construction contractor shall, in accordance with the relevant provisions, open a special account for the wages of migrant workers, which shall be used exclusively for the payment of the wages of migrant workers in the construction project.
The relevant materials for the opening and use of special accounts for migrant workers' wages shall be properly kept by the general construction contractor for future reference.
Article 29 The construction unit shall, in accordance with the contract, promptly allocate the project funds, and timely and fully allocate the labor costs to the special account for the wages of migrant workers, and strengthen the supervision of the general construction contractor to pay the wages of migrant workers on time and in full.
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.
The construction unit shall, on a project-by-project basis, establish a coordination mechanism for ensuring the payment of migrant workers' wages and a mechanism for preventing wage arrears, urge the general construction contractor to strengthen labor and employment management, and properly handle conflicts and disputes related to the payment of migrant workers' wages. In the event of a collective wage bargaining incident of migrant workers, the construction unit shall, in conjunction with the general contractor of the construction, deal with it in a timely manner, and report the relevant situation to the administrative department of human resources and social security where the project is located and the competent department of engineering construction of the relevant industry.
Article 36 Where a construction unit or a general construction contractor contracts or subcontracts a construction project to an individual or a unit that does not have legal business qualifications, resulting in arrears in the wages of migrant workers, the construction unit or the general construction contractor shall pay it off.
Where the construction unit allows other units and individuals to contract construction projects in the name of the construction unit, resulting in arrears in the wages of migrant workers, the construction unit shall pay it off.