If the construction project is subcontracted and the wages of migrant workers are in arrears, the general construction contractor shall pay off the debts first, and then recover them according to law.
(hereinafter referred to as the third branch of Hunan Fourth Engineering Co., Ltd.), He appealed to the court against the civil judgment (2020) Xiang 3101 min Chu No.
The appeal fee of this case shall be borne by the appellee.
(wholly owned by natural persons).
Entrusted agent ad litem: Chen Yaoyou, trainee lawyer of Hunan Gongsheng law firm.
Now the relevant specific judgments are excerpted and published for learning.
Appellant (defendant of the original trial): Xiangxi branch of Zhuzhou Weiye Construction Technology Co., Ltd.
Now that the project has been completed and accepted, the appellee, as the general contractor of the project involved in the case, shall be liable for paying off the migrant workers’ wages not paid to the appellant by Zhuzhou Weiye Xiangxi branch.
Address: 2nd floor, people’s defense office building, tongyouping community, shijiachong street, Jishou City, Hunan Province.
2.
3.
The third branch of the fourth provincial company of the appellee shall bear the priority liability for paying off the money owed to the appellant by Zhuzhou Weiye Xiangxi branch.
However, as the main contractor, the appellee fails to supervise the subcontractor Zhuzhou Weiye Xiangxi branch to pay the wages of migrant workers on time, and shall be liable for paying off the money owed to the actual constructor.
Article 30 of the regulations of the State Council on ensuring the payment of wages of migrant workers stipulates that if a subcontractor defaults on the wages of migrant workers, the general construction contractor shall pay off the wages first, and then recover them according to law.
(hereinafter referred to as Zhuzhou Weiye Xiangxi branch) were involved in a dispute over the construction contract with the third branch of Hunan Fourth Engineering Co., Ltd.
The appellant Chen Yanbing and Xiangxi branch of Zhuzhou Weiye Construction Technology Co., Ltd.
Chen Mou sued Zhuzhou Weiye construction professional technology Co., Ltd.
Person in charge: Zhang Chaowen, manager of the branch.
1250 appellant (plaintiff of the original trial): Chen Yanbing, male, born on February 2, 1980, Tujia, from Jishou City, Hunan Province, lives in Jishou City.
1250 on November 27, 2020, ruling to freeze the quality deposit of 800000 yuan for the construction project of the third branch of the appellee’s fourth provincial company in the engineering construction experimental training center of Jishou University for one year.
– the elements and right of recourse of the general construction contractor to pay off the subcontractor’s arrears of migrant workers’ wages prepared by Hu Jihou, the intermediate people’s Court of Xiangxi Tujia and Miao Autonomous Prefecture, Hunan Province (note): 1 If the arrears claimed by the actual constructor belong to the wages of migrant workers, it can claim that the construction general contractor shall bear the repayment responsibility first in accordance with the regulations on ensuring the payment of wages of migrant workers.
Facts and reasons: the judgment of first instance found that the facts were unclear and the application of law was wrong, which damaged the legitimate rights and interests of the appellant.
Introduction: on December 28, 2021, the Supreme People’s Court issued the award list of 2021 excellent case analysis and selection activities of the national court system, including 11 cases related to [construction project].
According to the application of the appellant Chen Yanbing, the court made a civil ruling (2020) Xiang 31 min Zhong No.
Fixing Socket Cross Pin Nail Plate
(wholly state-owned).
Zhuzhou Weiye Xiangxi branch has recognized in court that it owed the appellant’s migrant workers’ wages, and that it has settled the decoration project constructed by the appellant with the project Department of the third branch of the fourth provincial engineering company, and the final settlement amount of arrears is more than 640000 yuan.
Entrusted agent ad litem: Wang Jia, lawyer of Hunan Siwei law firm.
Address: Jinzhu West Road, Lengshuijiang City, Hunan Province (opposite to the office building of fengshuao neighborhood committee).
Today’s issue 2.
Chen Yanbing’s appeal: 1 Change the judgment that the third branch of the appellee’s fourth provincial company shall bear the priority liability for paying off the money owed to the appellant by the defendant Zhuzhou Weiye Xiangxi branch in the original trial (it was later clarified in the inquiry process that the third branch of the appellee’s fourth provincial company shall bear the “direct payment obligation”, and the defendant Zhuzhou Weiye Xiangxi branch in the original trial shall bear the “joint payment obligation” with the appellee); 2.
Entrusted agent ad litem: Cheng Liuquan, lawyer of Hunan Gongsheng law firm.
Xiangxi branch Dispute over the construction contract of the third branch of Hunan No.4 Engineering Co., Ltd.
The appellant, as the actual constructor, has settled with Zhuzhou Weiye Xiangxi branch, and the defendant in the original trial shall bear the obligation of payment.
After filing the case on October 16, 2020, the court formed a collegial panel according to law and heard the case by reading the papers and asking the parties.
Civil judgment of the intermediate people’s Court of Xiangxi Tujia and Miao Autonomous Prefecture of Hunan Province (2020) Xiang 31 min Zhong No.
The reasonable expenses incurred by the non breaching party in hiring a lawyer to provide professional legal services and the insurance expenses incurred in applying for litigation preservation belong to the losses caused by the breaching party or the illegal party to the non breaching party.
The first paragraph of Article 36 of the regulations on ensuring the payment of migrant workers’ wages stipulates: “if the construction unit or general construction contractor contracts or subcontracts the construction project to an individual or a unit without legal business qualification, resulting in arrears of migrant workers’ wages, the construction unit or general construction contractor shall pay off.” If the construction unit or the general construction contractor illegally contracts or subcontracts, it may order it to pay off in advance in accordance with the above provisions.
Appellee (defendant of the original trial): the third branch of Hunan Fourth Engineering Co., Ltd.
Entrusted agent ad litem: Dai Yuan, lawyer of Hunan Siwei law firm.
Person in charge: Li Rongzhou, manager of the branch.
Article 36 of the Regulations stipulates that if the construction unit or the general construction contractor contracts or subcontracts the construction project to an individual or a unit without legal business qualification, resulting in arrears in the wages of migrant workers, the construction unit or the general construction contractor shall pay off..
665 made by the people’s Court of Jishou City, Hunan Province on July 22, 2020.
The trial of this case has been concluded.
