For example, the Supreme People’s court decision (2019) No.
owes its project funds.
Liu Jihai has no right to break through the relativity of the contract and claim the project payment from the employer and general contractor of the project involved.
Therefore, Liu Jihai is not the actual constructor of the project,…
1、 The concept of “construction team” is often mentioned in the judgment documents of raising problems, and it is often combined with “actual construction personnel”, “labor contractors” and “migrant workers”.
2341 judgment holds that the signing of the internal team contracting agreement between Beijing Huaji Shengde company and zhangjiazhi is a labor contract…
The actual constructor should not include the labor operation contractor.
As mentioned above, the “construction team” and the employer are at least isolated by the “Contractor”, “actual constructor” and “general contractor”.
For example, (2022) Lu 14 min Zhong No.
Regardless of whether the project involved has illegal subcontracting or subcontracting, rongchuang company does not meet the legal situation that it should bear joint and several liability for payment.
For example, (2021) Lu 02 min Zhong No.
For example (2021) e 05 min Zhong No.
The cause of this case should be a labor contract dispute, Rather than construction contract disputes.
Then, does the “construction team” have the right to claim the project price or labor fee from the employer? If yes, what is the basis for claiming rights? This paper intends to analyze it from the perspective of judicial adjudication.
For example, the (2021) Qing 01 min Zhong No.
to pay labor fees to zhangjiazhi on the ground that Jiangsu Construction Engineering Group Co., Ltd.
15249 judgment held that Xin Wei did not submit valid evidence to prove that rongchuang company in this case complied with the provisions of paragraph 2 of Article 29 of the regulations on ensuring the payment of migrant workers’ wages, “the wages of migrant workers were in arrears due to the construction unit’s failure to allocate the project funds in time in accordance with the contract”, and he therefore claimed that rongchuang company, as the construction unit, should advance the wages of migrant workers, The court will not accept the joint and several liability for the unpaid labor service fees and interests due to insufficient basis.
As the labor operation contractor, Senmao company hired Liu Jihai to engage in woodworking services.
The construction team shall bear the burden of proof for the causal relationship between the fact that “the employer did not timely allocate the project funds in accordance with the contract” and the result of “migrant workers’ wage arrears”.
Peng Yunrui is the actual constructor of Huai’an Mingfa Commercial Plaza project Le Dianping is the person in charge of the muddy water team in the Huai’an Mingfa Commercial Plaza plot C project contracted by Peng Yunrui…
Beijing Huaji Shengde company now requests Jiangsu Construction Engineering Group Co., Ltd.
In this case, the construction project construction contract signed by the employer Jinming Wucheng branch and guojide branch is legal and valid.
As the contractor, guojide branch signed the labor contract with Senmao company.
2、 Judicial judgment point of view on whether to support the construction team to claim the project price or labor fee from the employer, there are roughly three points of view in judicial practice: first, the construction team is not an actual constructor in the legal sense, and has no right to rely on the provisions of Article 43 of the interpretation of the Supreme People’s Court on the application of law to the trial of construction contract dispute cases of construction projects (I) interpretation [2020] No.
3489 judgment holds that: the second paragraph of Article 29 of the regulations on ensuring the payment of migrant workers’ wages implemented by the State Council from May 1, 2020 stipulates: “if the construction unit fails to timely allocate the project funds in accordance with the contract, resulting in the arrears of migrant workers’ wages, the construction unit shall advance the arrears of migrant workers’ wages to the extent of the outstanding project funds..
As a person employed by Peng Yunrui to engage in muddy water labor, Le Dianping (team) is not the actual constructor in the above legal sense, …
Zhangjiazhi’s labor payment should be paid by Beijing Huaji Shengde company, the opposite party of the contract.
The appeal reason is groundless, and the court will not support it.
“Actual constructor” refers to the contractor with invalid construction contract of construction project, that is, the contractor, sub contractor and qualified constructor (affiliated constructor) of illegal Professional Engineering Subcontract and labor operation subcontract; “Labor contractor” is a non-professional term that refers to an individual contractor who does not have the qualification of employment subject, obtains the project through subcontracting and illegal subcontracting, illegally recruits migrant workers to carry out labor operations, and pays labor remuneration to migrant workers, thus forming the smallest organizational unit in project management – “construction team” with migrant workers.
The specific judgment points are as follows: (1) the construction team is not the actual constructor in the legal sense, and does not have the right to break through the relativity of the contract and require the employer to bear responsibility within the scope of the unpaid construction project price.
1.
However, the judicial decisions on the distribution of the burden of proof are different.
263 judgment held that:…
and Xining Red Star Macalline Co., Ltd.
Le Dianping and Peng Yunrui have a labor legal relationship.
5594 holds that:…
（2） The construction team has no right to require the employer to advance the wages of migrant workers in arrears within the scope of the project price in accordance with the regulations on ensuring the payment of wages of migrant workers.
25, Require the employer to bear the responsibility within the scope of the unpaid construction project price; Second, the construction team has no right to require the employer to advance the wages of migrant workers in arrears within the scope of the project payment in accordance with Article 29 of the regulations on ensuring the payment of wages of migrant workers; Third, the construction team has the right to require the employer to advance the wages of migrant workers in arrears within the scope of the project funds in arrears.
Le Dianping requested Huai’an Mingfa company, the employer of the project involved in the case, to bear the liability for repayment within the scope of the unpaid project funds on the grounds of Article 26 of the judicial interpretation, lacking the corresponding factual basis and legal basis.
Xin Wei is a labor team member, not a construction or labor company.
（3） In principle, the construction team has the right to require the employer to advance the wages of the migrant workers in arrears within the scope of the project payment in accordance with the regulations on ensuring the payment of migrant workers’ wages.
