[Case Summary]This case involves a labor contract dispute. Cui * was employed by Liu * to organize workers to provide carpentry and earthwork services for the defendant's contracted projects. From March to August 2019, the total labor fees amounted to 340,000 yuan, of which 270,900 yuan had been paid and 69,100 yuan remained unpaid. After repeatedly demanding payment but to no avail, Cui * entrusted Beijing Henglu Law Firm to handle the case on his behalf.Wang FangliThe lawyer filed a lawsuit with the court, demanding payment of labor fees and overdue interest. The defendant was summoned by a subpoena but failed to appear in court to defend himself. The court adopted our opinion and ruled that the defendant should pay labor fees of 69,100 yuan and overdue interest at an annual interest rate of 3.7%. Applicable laws: the Civil Code of the People's Republic of China and relevant litigation laws and regulations.

I. Review of the case facts

What should workers do if their employers fail to pay their labor fees? How to write a valid labor fee promissory note? Can interest be recovered through litigation in labor disputes? These are the most pressing practical concerns for migrant workers. Cui * was employed by Liu *, organizing workers to provide labor services for a project undertaken by the defendant, mainly engaged in carpentry and earthwork. The labor services were provided from March 2019 to August 2019, with a total labor fee of 340,000 yuan. Cui * has received 270,900 yuan, but the remaining 69,100 yuan has not been paid. Cui * has repeatedly demanded payment, but the other party has been delaying payment.

In order to safeguard his own legitimate rights and interests, Cui * came to Beijing Henglu Law Firm to seek legal help. Our firm accepted the commission and assignedWang FangliThe lawyer acted as the agent during the litigation of this case and assisted Cui * in suing Liu * in court, demanding that Liu * pay the full labor fees and overdue interest. The specific claims include: ordering the defendant to pay labor fees of 69,100 yuan; paying the overdue interest on the above-mentioned amount (based on 69,100 yuan, calculated at 1.5 times the LPR from August 19, 2019 to the date of actual payment); and requiring the defendant to bear the litigation costs of this case.

II. The focus of the case

  • Focus 1: Whether the fact that the defendant owes 69,100 yuan in labor fees is established.The amount of the arrears shall be determined based on written confirmation materials, WeChat chat records, and other evidence.
  • Focus II: How to determine the starting date and calculation standard of overdue interest.The plaintiff claims that the interest rate should be calculated based on 1.5 times the LPR from August 19, 2019, and the court needs to verify this according to the evidence and the law.
  • Focus 3: If the defendant fails to appear in court after being summoned by a subpoena, what will be the consequences?The defendant's failure to respond to the charges does not affect the court's ability to make a judgment based on the evidence in the case in accordance with the law.

III. The professional intervention of Hengluo Law Firm

The original plaintiff claimed that:Cui * claimed that the defendant, Liu *, owed him 69,100 yuan in labor fees, as evidenced by the written confirmation materials and WeChat chat records provided by the defendant. He demanded that the defendant pay the labor fees and the losses incurred due to the overdue payment (overdue interest), and requested that the defendant bear the litigation costs.

The defendant argued that:During the trial, the defendant did not appear in court to present his defense.

Hengluo Lawyer's Agency Opinion:Wang FangliAfter accepting the commission, the lawyer actively communicated with the client, understood the case and guided the collection of evidence. He/she believed that if the client failed to pay the fee, the other party could demand payment from him/her. Cui * claimed that the defendant owed him/her 69,100 yuan in labor fees, and the written confirmation materials and WeChat chat records, etc. proved the fact; the defendant should compensate for the losses caused by the overdue payment. In summary, Cui *'s claim has factual basis and is in accordance with the law, and Liu *'s delay in payment seriously infringed his/her legitimate rights and interests.

  • Organize the core evidence such as the written confirmation materials issued by the defendant and the WeChat chat records, and confirm the fact that the defendant owes 69,100 yuan
  • Define the claim for compensation for losses due to late payment and, in accordance with the law, assert that the overdue interest shall be calculated based on a principal amount of 69,100 yuan
  • In response to the defendant's refusal to appear in court, we completed the evidence presentation and court statements based on the solid evidence in the case, and urged the court to support our claims

IV. Outcome of the case

During the trial, the defendant did not appear to defend himself. After reviewing the case, the court adopted some of our lawyers' opinions and claims, finding that the plaintiff's claim for the defendant to pay labor fees of 69,100 yuan was supported by evidence and should be upheld; regarding the overdue interest, it was a loss caused by the defendant's late payment, and the defendant should compensate for it. Therefore, the court supported the plaintiff's claim for overdue interest, but the plaintiff's claim for the starting date and standard of overdue interest lacked sufficient factual and legal basis. According to relevant regulations and evidence, the court determined that the overdue interest should be calculated at an annual interest rate of 3.7%. In accordance with the Civil Code of the People's Republic of China and relevant litigation laws, the court ruled as follows: 1. The defendant shall pay the plaintiff labor fees of 69,100 yuan and overdue interest (based on 69,100 yuan and calculated at an annual interest rate of 3.7% from June 6, 2022 to the date the defendant actually pays off the debt) within ten days from the date this judgment takes effect; 2. The plaintiff's other claims are dismissed.

5. Henglu Law Firm's Reminder

When encountering arrears in labor fees, you should protect your rights in a timely manner. Try to conclude labor contracts in writing and keep labor records and IOUs. This case was handled by Beijing Henglu Law Firm.Wang FangliThe lawyer (practice license number: 11101201911086939, subject to the certificate issued by the judicial administrative organ) acted on behalf of the client and, with solid evidence organization, helped the client recover the service fees and overdue interest.

VI. FAQ on Labor Contract Disputes

  1. Q: If the employer fails to pay the labor fees on time, can I sue to get them back?
    A:Yes. With evidence such as written confirmation materials, WeChat records, and IOUs to prove the fact of the unpaid fees, the court will adjudicate the payment of the labor fees according to law. In this case, for example, the court fully supported the claim for 69,100 yuan.
  2. Q: If the labor fees are in arrears, can I claim the overdue interest?
    A:Yes. If there are losses caused by late payment, the party can request compensation. Generally, the court will determine the interest rate standard and the starting date in accordance with the law, and the starting date will be calculated from the date when the payment should have been made.
  3. Q: If there's only an oral labor agreement but no signed contract, can I still sue them?
    A:Yes. Oral agreements are also protected, but you need to provide evidence such as WeChat chats, attendance records, and settlement statements to prove the labor relationship and the amount involved. It is recommended to secure evidence as soon as possible.
  4. Q: If the defendant doesn't appear in court, can I still win the lawsuit for my labor fees?
    A:Yes. If the defendant refuses to appear in court without a valid reason after being summoned by a subpoena, the court may hold a trial in absentia and make a judgment based on the plaintiff's evidence in accordance with the law.
  5. Q: How should a promissory note for labor fees be written to be legally valid?
    A:It should specify the debtor, the creditor, the amount owed, the service content, the payment deadline, and be signed and stamped by the debtor. Keep the transfer and communication records, and consult a professional lawyer if necessary.