Lufa case [2024] 134
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Brief facts of the case
In 2014, the defendant company undertook the labor subcontracting of the construction project of the inpatient department of a hospital, and the company subcontracted the masonry and secondary structure labor operations to the defendant Li. Between February 2015 and November 2016, plaintiff Chen followed defendant Li to work at the construction site. After settlement, after deducting the plaintiff's borrowing and disbursement, the plaintiff was still owed 183,550 yuan in labor fees, and the site management personnel of Li Moumou issued a detailed bill to the plaintiff. Later, after the plaintiff urged him many times, the defendant still did not pay, so Chen Moumou sued Li Moumou and a certain company to the court, demanding that Li Moumou pay labor fees, and a certain company should bear joint and several liabilities.
Heard by the courts
Chen XX was hired by the defendant Li XX to engage in labor services at the construction site subcontracted by Li XX, and the two parties formed a labor contract relationship, and Li XX owed Chen XX 183,550 yuan in labor fees, which Li XX recognized, the facts were clear, the evidence was sufficient, and the court confirmed it. Therefore, the plaintiff's claim for Li Moumou to pay labor wages of 183,550 yuan was in accordance with the law and was supported by the court. In this case, Chen was a person employed by Li, and there was no employment relationship or labor relationship between him and the defendant company. However, according to the ascertained facts, a certain company subcontracted the project involved in the case, and it signed a subcontracting agreement with Li XX to subcontract the project to Li XX in the form of economic contracting, and in accordance with the relevant laws and regulations and with reference to the spirit of the provisions of the departmental rules, the company should be jointly and severally liable for the labor fees owed by Li XX to the plaintiff Chen. The court ruled that Li Moumou should pay Chen Moumou 183,550 yuan for labor fees; A company is jointly and severally liable for the above-mentioned payments. After the first-instance judgment, a company was dissatisfied with the judgment and appealed, and the original judgment was upheld in the second-instance trial.
What the judge said
Migrant workers have the right to receive wages on time and in full, and no unit or individual may be in arrears with their wages. According to the relevant laws and regulations, when faced with the problem of wage arrears, migrant workers must decisively take up the law to defend their legitimate rights and interests, and solve the problem rationally and legally; As a contract issuer, it should comply with relevant national laws and regulations, standardize the behavior of contracting, subcontracting and subcontracting, strictly check the qualifications of the contractor, and implement the wage payment guarantee system for migrant workers, so as to effectively avoid risks.
Links to legal provisions
Article 577 of the Civil Code of the People's Republic of ChinaIt stipulates that if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 579 of the Civil Code of the People's Republic of ChinaIt is stipulated that if one of the parties fails to pay the price, remuneration, rent, interest, or fails to perform other monetary obligations, the other party may request payment from the other party.
Paragraph 3 of Article 29 of the Construction Law of the People's Republic of ChinaProvisions prohibit the general contractor from subcontracting the project to a unit that does not have the corresponding qualifications. It is forbidden for a subcontractor to subcontract the project it has contracted.
Article 94 of the Labor Contract Law of the People's Republic of ChinaIt stipulates that if an individual contractor recruits a laborer in violation of the provisions of this Law and causes damage to the laborer, the contracting organization and the individual contractor shall be jointly and severally liable for compensation. **Juye Court.