The audience's problem
My family lives in Feidong. I work on a construction site. The contractor owes me more than 20 thousand I can't contact the contractor now. It's the end of the year, and money is badly needed. Excuse me, lawyer, can I go directly to his house and ask for money?
The lawyer replied.
Under normal circumstances, the economic income obtained by the contractor in these projects should be used for family work and life. If the contractor can't find it himself, it should be no problem for the worker to ask for the money from his adult cohabiting family, such as his spouse or children.
But we should pay attention to ways and means to prevent improper, illegal or even other means. This will get you into it.
Knowledge expansion
1. What if the contractor doesn't pay?
First, be calm and rational.
Second, we must learn to use the law to safeguard rights.
If you are in arrears with your salary, you can report it to the local labor law enforcement department, and the law enforcement inspectors of the labor department will help coordinate and solve it; You can also apply for arbitration in local labor dispute arbitration institutions. If you are not satisfied with the arbitration, you can also bring a lawsuit to the people's court for compulsory execution. If you can't pay the legal fees, you can also apply for a reduction or exemption of legal fees. In short, we should rely on the help of the government and the law to get the reward we deserve.
Three, the labor and social security departments have asked all localities to pay attention to protecting the legitimate rights and interests of migrant workers.
Take enterprises' malicious arrears and deduction of migrant workers' wages as the focus of labor security supervision and law enforcement, severely investigate and punish illegal acts of deduction of migrant workers' wages according to law, and order employers to make up the arrears of wages and protect the legitimate rights and interests of migrant workers. It is understood that the labor department in Beijing has strengthened the supervision of labor law enforcement, especially for workers who are in arrears with farmers' wages.
Second, the review of previous cases.
The contractor who owed nearly 500,000 yuan in wages was accused of refusing to pay labor remuneration and was tried.
Beijing News (Reporter Liu Yang) owed more than 480,000 yuan to more than 50 workers. Today (19), Chen Mou, the contractor, was tried in Chaoyang court for refusing to pay labor remuneration.
The Beijing News reporter learned that 58-year-old Chen Mou, a native of Changzhou, Jiangsu, came to Beijing around 20 15. 2065438+In March 2007, more than 50 workers complained to Chaoyang District Human Resources and Social Security Bureau. At the time of the complaint, Chen Mou still owed workers more than 480,000 yuan.
After the complaint, Chaoyang District Human Resources and Social Security Bureau contacted Chen Mou and asked him to come to the bureau to cooperate with the investigation and explain the situation. Chen Mou not only failed to cooperate with the investigation as required, but also turned off his cell phone and didn't answer his phone.
After investigation by Chaoyang District Human Resources and Social Security Bureau, it was found that the subcontractor of the construction project involved was a construction engineering company in Changzhou, which subcontracted the secondary structure and decoration works of the project to Chen Mou for construction on June 201June, and both parties signed a construction contract. By the end of 20 17 and 1 year, the company had paid 2.08 million yuan to Chen Mou, and Chen Mou also promised to be fully responsible for the payment of workers' wages without default.
In May of the same year, Chaoyang District Human Resources and Social Security Bureau issued a notice ordering Chen Mou to rectify (within a time limit), and informed me of the contents of the notice by SMS. At the same time, the bureau thought that Chen Mou's behavior was suspected of a criminal offence, so it was transferred to the public security organs for handling.
According to the accusation of the public prosecution agency, during the period from October to May of 20 17/KLOC-0, Li and other 50 people refused to pay more than 480,000 yuan in labor remuneration, and refused to pay after being ordered by the Chaoyang District Human Resources and Social Security Bureau of Beijing.
The public prosecution agency believes that the defendant Chen Mou evaded the payment of labor remuneration by escaping and other means, and the amount was large, but he still refused to pay after being ordered by the relevant government departments. His behavior violated Article 276 of the Criminal Law of People's Republic of China (PRC). The facts of the crime are clear and the evidence is true and sufficient. He should be investigated for criminal responsibility for refusing to pay labor remuneration.
In court, Chen Mou admitted that he owed wages because his funds were not enough to pay the actual expenses.
The Beijing News reporter learned that Chen Mou's family provided a money order to the court, saying that more than 430,000 yuan had been remitted to the court account to pay workers' wages, but there was still a difference of more than 50,000 yuan.
The case was not pronounced in court.
Knowledge popularization
Criminal law of the people's Republic of China
The criminal laws of People's Republic of China (PRC) and People's Republic of China (PRC) use penalties to fight all counter-revolutionary and other criminal acts, so as to defend the dictatorship of the proletariat, protect socialist property owned by the whole people and collectively owned by the working people, protect citizens' legitimate private property, protect citizens' personal rights, democratic rights and other rights, safeguard social order, production order, work order, teaching and scientific research order and people's living order, and ensure the smooth progress of socialist revolution and socialist construction.
The second meeting of the Fifth National People's Congress of the People's Republic of China was adopted on July 6, 2006, and is hereby promulgated and shall come into force as of June 6, 2006. 20 15, 10/0, on October 30th, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Supplementary Provisions on the Determination of Crimes in the Criminal Law of People's Republic of China (PRC) (VI), which supplemented or revised some crimes applicable to the criminal law, added 20 crimes such as replacing the crime of examination and the crime of false litigation, and revised the original 65,400.