The problem of wage arrears in Xiamen construction site

First of all, have you signed a labor contract with the contractor?

You can solve it in the following ways:

1. Report to the labor administrative department (usually the labor management supervision brigade).

2. You can also apply for arbitration directly (the arbitration fee is 200-300 yuan, and the company will bear all the success).

3. If you are not satisfied with the arbitration result, you can bring a lawsuit to the court within 15 days after receiving the arbitration letter.

According to national regulations, in arbitration or litigation, you can demand that in addition to paying the wages of the workers in full within the specified time, you also need to pay economic compensation equivalent to 25% of the wages. (See the following reference section for specific legal basis).

However, I don't know if you have signed a labor contract. If not, you need to prove that there is a labor relationship between you and the company. So you need to collect evidence: for example, salary slips of one month's salary, work uniforms, reimbursement documents, various documents signed by them (contractors), and all other things that non-company employees cannot know.

Legal basis reference:

Measures for economic compensation for violation and termination of labor contracts

Article 1 These Measures are formulated in accordance with the provisions of the Labor Law of People's Republic of China (PRC) in order to standardize the economic compensation standards for workers who violate and terminate labor contracts.

Article 2 The economic compensation for laborers shall be paid by the employing unit in one lump sum.

Article 3 Where an employing unit deducts or delays the wages of workers without reason, or refuses to pay the wages of workers for extended working hours, it shall not only pay the wages of workers in full within the specified time, but also pay economic compensation equivalent to 25% of the wages.

Notice of the Ministry of Labor on Issuing the Interim Provisions on Wage Payment

Ministry of Labor No.489 [1994]

Eighteenth labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employing unit commits one of the following acts that infringe upon the legitimate rights and interests of workers, the labor administrative department shall order it to pay wages and economic compensation to the workers, and may order it to pay compensation:

(1) Deducting or delaying the wages of workers without reason;

(2) refusing to pay overtime wages to laborers; ?

(3) paying workers' wages below the local minimum wage standard. The standards of economic compensation and compensation shall be implemented in accordance with the relevant provisions of the state.

Article 19 In case of a labor dispute between a laborer and an employer due to the payment of wages, the parties concerned may apply to a labor dispute arbitration institution for arbitration according to law. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.

The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases

Issued by the Supreme People's Court Judicial Committee

Release time 0 10430

Keywords: the Supreme People's Court's interpretation of some issues concerning the application of law in the trial of labor dispute cases

Note-Preparation Method [200 1]No. 14

Article 15 In any of the following circumstances, if the employer forces the employee to terminate the labor contract, it shall pay the employee labor remuneration and economic compensation, and may also pay compensation:

(a) forced labor by means of violence, threat or illegal restriction of personal freedom;

(2) Failing to pay labor remuneration or provide working conditions as agreed in the labor contract;

(3) Deducting or delaying the wages of workers without reason;

(4) Refusing to pay overtime wages to laborers;

(five) pay the wages of workers below the local minimum wage standard.