When wages are owed, first figure out who hired you: unlicensed workshops and labor bosses still go to labor inspection; only private work for a household or individual goes to court

Unlicensed workshops and shops that owe wages can still be complained to labor inspection and taken to labor arbitration; the boss personally can also be pursued. If a labor boss who subcontracted site work owes money, the general contractor or construction entity pays. Only private work for a household or individual — such as being a nanny — is not a labor dispute and must be sued in court.

Cost

No money spent. First clarify three things: whether the other side is running a shop, factory, or business; whether the work was subcontracted from a company or construction site; and whether you work inside someone’s home. Whether the other side has a license can be checked on the national enterprise credit information publicity system.

Benefit

Article 2 of the Labor Contract Law (劳动合同法) defines employing units as enterprises, individual economic organizations, private non-enterprise units, and similar organizations; a single natural person does not count. Supreme People’s Court labor-dispute interpretations list several disputes that are not labor disputes. First, disputes between a household or individual and a domestic worker. Second, disputes between an individual craftsman and helpers or apprentices. Third, disputes between a rural contracting household and hired persons. Those go to court as ordinary civil disputes, with a 3-year limitation period. Unlicensed employing units are not in that exception. Article 93 of the Labor Contract Law (劳动合同法) covers units without lawful operating qualifications. For work already done, the unit or its investors must pay wages, economic compensation, and damages. Investors are the people who put money into the unit. Article 29 of that interpretation covers three kinds of units: those without a business license, those whose license was revoked, and those still operating after the license term ended. In a dispute with such a unit, name the unit or its investors as parties. Article 33 of the Labor Security Supervision Regulations (劳动保障监察条例) says that if there is no business license, or the license has been revoked, but people are still being hired to work, human resources and social security departments still carry out labor security supervision. When personal contracting illegally hires people and harms workers, the organization that contracted out the work and the contracting individual bear joint and several liability for damages (Labor Contract Law (劳动合同法) Article 94). Construction entities or construction general contractors sometimes contract or subcontract projects to individuals or units without lawful operating qualifications. When that causes unpaid migrant wages, the construction entity or construction general contractor pays (Regulations on Guaranteeing Payment of Migrant Workers’ Wages (保障农民工工资支付条例) Article 36) (nationwide)

Notes

Judge in this order. First see whether the work was passed down from a company or site; if so, go after the contracting company or general contractor. Dedicated wage accounts on sites and general-contractor first payment — see item 2 (when wages are owed, complain to labor inspection first). Next see whether the other side is in business: shops, factories, workshops — licensed or not — go through inspection and arbitration, and name the boss personally in arbitration. Only leftover private work for a household or individual goes to court. Court means you sue and prove yourself; ordinary first-instance procedure starts at 6 months. Lawyer fees are not among the litigation costs the court orders the loser to bear; you pay your own lawyer, or apply for legal aid if you cannot afford it — see item 3 (legal aid). With an IOU you may first apply for a payment order — see item 2 (payment order). Small amounts may use small-claims procedure — see Section 8, item 22 (cheated in second-hand deals; small claims). The limitation period is 3 years — see Section 8, item 19 (rights have deadlines). No route guarantees money in hand; if the other side has no assets, you may win and still get nothing.

Sources · 6

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