The affiliated construction unit shall bear the responsibility for the repayment of arrears of wages caused by the "affiliated" construction.
Guo and others borrowed the qualifications of a construction company to sign a contract with a real estate company of the construction unit, stipulating that the real estate company would contract the civil engineering and installation projects of the project involved in the case to a certain construction company. Mr. Liu signed a labor construction agreement with Mr. Guo and others in the name of a labor service company. Liu hired a migrant worker Lu to work on the construction of walls. Liu issued an IOU of 8,120 yuan to Lu. Later, Liu paid Lu 3,000 yuan, a construction company paid Lu 1,012 yuan, and 4,108 yuan of wages were still owed. A real estate company has paid the project money to a construction company in accordance with the proportion agreed in the contract. Mr. Lu filed a lawsuit, requesting Mr. Liu and a construction company to jointly pay the arrears of wages, and a real estate company to bear the payment liability within the scope of the unpaid project payment.
Judgment Result] The trial court held that a construction company was the construction unit involved in the case. Liu contracted part of the labor services, and Lu was hired by Liu to provide labor servicesThere was a labor contract relationship between Lu and Liu, Liu should pay the salary owed to Lu 4,108 yuan. According to the second paragraph of Article 36 of the Regulations on Guaranteeing the Payment of Wages to Migrant Workers, a construction company allowed Guo and others to contract construction projects in the name of the company, and should bear the responsibility for repaying the arrears of migrant worker Lu's wages. As a construction unit, a real estate company should not be liable for repayment if it contracted the project to a construction company and had paid the project price as agreed in the contract. Liu and a construction company were ordered to pay Lu the wages in arrears.
Yang Xiaolu reminds:
1. The construction unit allows other units and individualsIn the name of the construction unitContracting construction projects, resulting in arrears of wages for migrant workersIt shall be paid off by the construction unit
2. If the sponsor undertakes the project in the name of the affiliated person, and then subcontracts or subcontracts the project, and the actual constructor claims that the affiliated party and the affiliated party bear joint and several liability for the outstanding payment of the project money, it shall be handled according to the circumstancesIf the sponsor signs a subcontract or subcontract in the name of the affiliated party, the sponsor and the affiliated party shall be jointly and severally liable for payment; If the sponsor signs a subcontract or subcontract in its own name, the sponsor shall be liable for payment
*: Supreme People's Court.