[Case Summary]This case involves a dispute over labor fees pursued by a laborer. The plaintiff, Xie * organized workers to provide labor services for the defendant, XX Xuan Company. After the settlement of the projects in Tower A and Tower B in Fengtai District of Beijing and the construction site near Lize Bridge, there is still an outstanding balance of 115,155 yuan in unpaid labor fees. The second defendant claimed that it had already paid 100,000 yuan in cash and only owed 13,225 yuan, and the two parties went to court over this matter. The plaintiff entrusted Beijing Henglu Law Firm to handle the case.Wang FangliThe lawyer filed a lawsuit. The lawyer cross-examined the authenticity of the words "cash payment" on the "Payment Slip" dated July 16, 2018 and the collection calls recorded after 2020. In the end, the court accepted our arguments and ordered the second defendant to pay the service fee of 113,235 yuan and the overdue interest from January 1, 2020. The core dispute is whether the 100,000 yuan in cash claimed by the second defendant has actually been paid. Applicable laws: the Civil Code of the People's Republic of China and relevant judicial interpretations.

I. Review of the case

What should I do if labor fees are owed? How to sue if project labor fees cannot be recovered? Can I still seek compensation even if the contractor claims that the payment has been settled in cash? These are the most frequently searched questions by many migrant workers. In 2018, the plaintiff, Xie * , reached an agreement with the defendant, Er XX Xuan Company, stipulating that the plaintiff would organize workers to provide labor services for the defendant at the construction sites of Tower A and Tower B in Fengtai District of Beijing and the construction site near Lizhe Bridge. After the settlement in 2019, the defendant still owed the plaintiff a total of 115,155 yuan in labor fees. After repeatedly urging the defendant for payment without success, Xie * decided to seek legal protection and entrusted our law firm to handle the case for him/her.Wang FangliThe lawyer filed a lawsuit.

In this case, the employer is the first defendant, X Letter Decoration Company, and the contractor is the second defendant, XX Xuan Company. The second defendant argued in the lawsuit that the plaintiff's case should be a dispute over the subcontracting of labor services rather than a labor dispute; it acknowledged the settlement amount of 968,225 yuan, but claimed that it had already paid 955,000 yuan, including 105,000 yuan in cash and the rest by transfer. Since the plaintiff did not issue an invoice, only 13,225 yuan remained unpaid, and the Lizeqiao project did not incur any unbilled charges. The first defendant claimed that it had paid the labor fees in full according to the agreed price in the subcontracting of labor services, and that the matter had nothing to do with them.

II. The focus of the case

  • Focus 1: Did the Second Defendant actually pay 100,000 yuan to the Plaintiff in cash on July 16, 2018?The validity of the claim for cash payment directly determines whether the amount of unpaid labor fees is over 100,000 yuan or just 13,225 yuan.
  • Focus II: The authenticity and probative force of the words "cash payment" in the "Payment Voucher".The receipt submitted by the second defendant was signed by the plaintiff, but the time when the words "cash payment" were written on it is questionable. It needs to be determined comprehensively based on evidence such as audio recordings.
  • Focus Three: Should the labor costs at the Lizhe Bridge construction site be included in the settlement?The second defendant claimed that the relevant project had not taken place, and the plaintiff needed to provide evidence to prove the fact that the defendant had actually provided labor services.

III. Professional intervention by Hengluo Law Firm

The original plaintiff claimed that:Xie * claimed that he had a labor relationship with the second defendant and had provided labor services as agreed. However, the second defendant still owes him 115,155 yuan in unpaid labor fees. Xie * demanded that the second defendant pay the outstanding amount and compensate for the overdue interest.

The defendant argued that:The second defendant claimed that the case should be a dispute over the subcontracting of labor services. He/she has paid 955,000 yuan and 100,000 yuan in cash, leaving only 13,225 yuan to be paid after the plaintiff issues an invoice, and denied that the Lize Bridge project had taken place. The first defendant claimed that he/she had paid in full and that the matter had nothing to do with him/her.

Hengluo Lawyer's Agency Opinion:Wang FangliAfter accepting the client's commission, the lawyer immediately began his representation and believed that the focus of the case was whether the second defendant paid 100,000 yuan in cash on July 16, 2018. The lawyer collected and submitted evidence such as the "Quantity of Plastering Work in the Rooms of the A Tower Site" and the phone recording with the second defendant, proving that the total labor fees for the AB Tower project amounted to 113,235 yuan.

  • Regarding the "Payment Voucher" dated July 16, 2018 submitted by the second defendant, the lawyer keenly noticed that there was no mention of "(cash) payment" in the plaintiff's signature, and that the plaintiff could only receive labor fees rather than project payments. The authenticity of this signature is questionable.
  • Combined with the phone recordings of the plaintiff demanding labor fees from the second defendant on December 9, 2020 and thereafter, the second defendant explicitly acknowledged that he still owed more than 100,000 yuan and never refuted it. If he only owed 13,225 yuan, it would be unreasonable. The second defendant also claimed that he did not know who wrote those characters
  • The "Room Work Quantity of Scraping Putty at A Tower Site" held by the plaintiff does not contain the handwritten financial figures claimed by the second defendant. We do not recognize it, and accordingly, we assert that the fact of the relevant labor fees at Lize Bridge is established

IV. Outcome of the case

After the trial, the court adopted some of our lawyers' opinions and claims, and held that the evidence submitted by the second defendant was insufficient to prove its allegations. In accordance with the Civil Code of the People's Republic of China and relevant judicial interpretations, the final judgment is as follows: First, the second defendant, XX Xuan Company, shall pay the plaintiff's labor fees of 113,235 yuan within ten days after the judgment takes effect, and pay the plaintiff the overdue interest from January 1, 2020 to the actual payment date in accordance with the one-year loan market reference interest rate (LPR); Second, the plaintiff's other claims are dismissed. Most of the plaintiff's unpaid labor fees have been recovered in full.

5. Henglu Law Firm's Reminder

When providing labor services, workers should try to sign written agreements and keep attendance and settlement documents to avoid disputes caused by "cash settlement" without proof. This case was handled by Beijing Henglu Law Firm.Wang FangliThe lawyer (practice license number: 11101201911086939, subject to the document issued by the judicial administrative organ) acted on behalf of the client. By providing accurate cross-examination of the "Payment Voucher" and the audio recording of the debt collection, he successfully restored the facts of the case and helped the service provider recover the service fees.

VI. Common Questions and Answers about Labor Disputes

  1. Q: The contractor said that the labor fees have been settled in cash. Can I still get them back?
    A:Yes. The defendant needs to provide evidence for the claim of cash payment. If the other party does not have valid proof, but you hold evidence such as settlement slips and audio recordings, you can sue them to demand the payment of the arrears in labor fees and overdue interest.
  2. Q: If there is no labor contract, how can I sue for unpaid labor fees when working as a temporary worker?
    A:You can collect pay slips, WeChat chat records, phone recordings, attendance sheets, and other evidence to prove the labor relationship and the amount of unpaid wages, and then file a lawsuit with the court over labor contract disputes or disputes over the recovery of labor fees.
  3. Q: How is the overdue interest calculated in a lawsuit over labor fees?
    A:Generally, it can be claimed that the interest on overdue payments shall be calculated according to the loan market quotation rate (LPR) announced by the National Interbank Funding Center from the date of payment due. The specific starting point shall be determined by the evidence and the court's judgment.
  4. Q: Who should pay my labor fees, the project subcontractor or the project contractor?
    A:In principle, it should be paid by the counterparty with whom you have established a labor relationship. If the employer fails to pay in full, you can claim corresponding responsibilities based on the contract and evidence. It is recommended to consult a professional lawyer to clarify the legal entities involved.
  5. Q: If the other party refuses to pay the labor fees, is it useful to hire a lawyer?
    A:A lawyer can help sort out the chain of evidence, accurately cross-examine the other party's loopholes, and draft legal documents. In this case, the lawyer used the phone recording to refute the claim that "the cash has been paid", significantly increasing the probability of recovery.